Terms & Conditions

The following terms carry the meanings set out below wherever they appear in this document:

By submitting a purchase enquiry, confirming a purchase, or accessing any Materials or Service provided by Orsten, you represent that:

• You are at least 18 years of age or are accessing the Service on behalf of an organisation with the authority to bind that organisation to these Terms.
• You have the legal capacity to enter into a binding agreement under the laws of Malaysia.
• Where you are acting on behalf of a company or other legal entity, you confirm that you are authorised to accept these Terms on its behalf.

Acceptance is formed at the point at which Orsten issues a purchase confirmation or engagement letter in response to an enquiry, or at the point of download where applicable to a digital item.

Orsten provides trade mark awareness information materials and educational programme services. The current catalogue comprises three items:

• Trade Mark Awareness Information Pack (RM 480) — a downloadable PDF reference document for individual use, with a six-month update window.
• Trade Mark Awareness Workshop (RM 2,200) — a half-day facilitated session for teams of up to fifteen participants, delivered on-site or at an arranged venue, with a written summary memo.
• Brand Portfolio Awareness Programme Build (RM 4,400) — a consulting engagement of approximately ten weeks resulting in a complete set of facilitator and participant materials and an internal-touchpoint calendar.

All Services are informational in nature. None constitutes professional, legal, or regulated advice in relation to trade marks or intellectual property. Orsten does not hold itself out as a trade marks attorney, registered agent, or legal advisor.

Services are offered to clients located in Malaysia. Requests from clients outside Malaysia may be considered at Orsten's discretion and are subject to separate discussion.

When accessing or using any Service, you agree to:

• Use Materials solely for your own internal educational and awareness purposes.
• Not reproduce, distribute, sublicense, resell, or share Materials with any third party without Orsten's prior written consent.
• Not use Materials to develop competing products, training content, or informational publications without prior written agreement.
• Provide accurate and complete information when completing any enquiry or engagement form.
• Cooperate reasonably with Orsten during scoping, scheduling, and delivery activities where your participation is required.
• Ensure that the venue and attendee arrangements for Workshop sessions meet the logistical requirements confirmed during booking.

You agree not to use any Service or Materials in any way that is unlawful, misleading, or that would bring Orsten into disrepute.

All Materials, content, frameworks, and programme structures created or supplied by Orsten remain the intellectual property of Orsten. Purchase of a Service grants you a limited, non-exclusive, non-transferable licence to use the relevant Materials for your own internal awareness and educational purposes only.

This licence does not permit you to:

• Reproduce or distribute Materials to persons outside your organisation without prior written consent.
• Adapt, translate, or create derivative works based on the Materials without prior written consent.
• Present or represent the Materials as your own original work or remove any attribution or identifying marks.
• Use the Materials in any commercial training, consulting, or advisory capacity offered to third parties.

For the Programme Build engagement, Materials developed specifically for your organisation incorporate your confidential context. Orsten retains ownership of the underlying frameworks and structural elements; the contextual content mapped to your organisation is for your internal use only.

Orsten's name, trading style, and all branding elements remain the property of Orsten. You may not use these in any manner without prior written approval.

All prices are stated in Malaysian Ringgit (RM) and are inclusive of any applicable taxes unless stated otherwise in a specific purchase confirmation.

Payment is due in full prior to delivery or commencement of Services unless alternative terms are agreed in writing for the Programme Build engagement. Specific payment schedules for the Programme Build will be confirmed in the engagement letter.

Accepted payment methods will be confirmed during the enquiry process. Orsten reserves the right to withhold delivery or commencement of a Service until full payment or the agreed initial instalment has been received and cleared.

Refunds and Cancellations:

• Information Pack: No refund is available once the PDF has been delivered to the purchaser's confirmed email address.
• Workshop: Cancellation more than ten business days before the scheduled session date entitles the client to a full refund. Cancellation within ten business days forfeits 50% of the fee. Cancellation within three business days forfeits the full fee. Rescheduling requests received more than five business days in advance will be accommodated once at no additional charge, subject to availability.
• Programme Build: Payment schedule and cancellation provisions will be set out in the engagement letter. In the event of early termination, payment is due for all work completed to the date of termination.

Orsten will make reasonable efforts to deliver each Service within the timeframe and scope confirmed at the point of purchase or in the engagement letter. The following delivery terms apply:

• Information Pack: Delivered electronically to the purchaser's confirmed email address within two business days of payment clearance.
• Workshop: Delivered on the date confirmed in the booking. A written summary memo will be distributed to all confirmed participants within five business days of the session.
• Programme Build: Timelines and milestone deliverables will be set out in the engagement letter. Delays attributable to the client's failure to provide agreed inputs or access may extend the timeline accordingly.

Scope changes requested after commencement of the Programme Build will be assessed on a case-by-case basis. Any agreed scope additions will be subject to a separate written confirmation and additional fee where applicable.

Orsten will maintain reasonable confidentiality in respect of any organisational information shared during the course of a Programme Build engagement.

All Services and Materials are provided on an informational basis only. Orsten expressly disclaims the following:

• No Service or Material constitutes legal advice, trade mark advice, or any other form of professional or regulated advice.
• Orsten does not warrant that the information contained in any Material is complete, current, or accurate in all respects. Trade mark law, practice, and administration are subject to change, and users should verify current requirements with a qualified professional.
• Orsten does not guarantee any particular outcome, result, or commercial benefit arising from the use of any Material or attendance at any session.
• The Information Pack and Workshop materials are provided as general educational reference. They do not account for the specific circumstances of any individual or organisation.

Users are strongly encouraged to seek independent advice from a qualified Malaysian trade marks attorney or registered agent before taking any action in relation to trade mark matters.

To the fullest extent permitted by the laws of Malaysia, Orsten's total liability to you in connection with any Service or these Terms shall not exceed the amount paid by you for the relevant Service giving rise to the claim.

Orsten shall not be liable for any of the following, whether arising in contract, tort, or otherwise:

• Indirect, consequential, or incidental loss or damage.
• Loss of profit, revenue, business, or anticipated savings.
• Loss of data or information.
• Damage arising from reliance on Materials for any purpose beyond general awareness education.
• Any loss arising from actions taken or not taken in reliance on any content of the Materials without independent professional advice.

Nothing in these Terms excludes or limits Orsten's liability for death or personal injury caused by negligence, or for fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under Malaysian law.

Force majeure: Orsten will not be liable for failure or delay in performing any obligation under these Terms where such failure or delay results from circumstances beyond its reasonable control, including acts of God, government action, civil unrest, pandemic conditions, or infrastructure failures.

You agree to indemnify, defend, and hold harmless Orsten and its representatives from and against any claims, losses, damages, costs, or expenses (including reasonable legal fees) arising from or in connection with:

• Your breach of any provision of these Terms.
• Your use of Materials in a manner not permitted by these Terms.
• Any misrepresentation made by you in connection with the purchase or use of a Service.
• Any claim by a third party arising from your distribution or use of Materials in a manner inconsistent with the licence granted.

These Terms remain in effect for as long as you hold access to or use of any Materials received from Orsten.

Orsten may suspend or terminate your access to any Materials or ongoing Service if you breach any provision of these Terms and fail to remedy the breach within seven days of written notice from Orsten.

In the event of termination for breach, you must promptly cease use of all Materials and, where requested, confirm in writing that you have done so. No refund will be issued in the event of termination for breach.

Termination does not affect any rights or obligations that have already accrued, and the following sections survive termination: Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution.

These Terms are governed by and construed in accordance with the laws of Malaysia. Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of Malaysia.

Before initiating any formal proceedings, you agree to notify Orsten in writing of the nature of the dispute and to allow a period of thirty days for good-faith discussion aimed at informal resolution. This obligation does not prevent either party from seeking urgent interim relief where necessary.

Where both parties agree, disputes may be referred to mediation under the auspices of a mutually acceptable mediator in Kuala Lumpur before proceeding to litigation.

Entire Agreement. These Terms, together with any purchase confirmation or engagement letter issued for a specific Service, constitute the entire agreement between you and Orsten in relation to the subject matter hereof and supersede all prior representations, understandings, or arrangements, whether written or oral.

Severability. If any provision of these Terms is found to be invalid, unlawful, or unenforceable under applicable law, that provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

Waiver. Orsten's failure to enforce any right or provision under these Terms shall not constitute a waiver of that right or provision. Any waiver must be made in writing and signed by an authorised representative of Orsten to be effective.

Assignment. You may not assign or transfer any rights or obligations under these Terms without Orsten's prior written consent. Orsten may assign its rights and obligations under these Terms without restriction, provided that it notifies you in writing.

Notices. Any notice required under these Terms shall be delivered in writing by email to the addresses confirmed during the purchase or engagement process. Notices to Orsten should be directed to [email protected].

Orsten reserves the right to revise these Terms at any time. When material changes are made, the revised Terms will be published on the Orsten website with an updated effective date. Where an active Service engagement is in progress at the time of a revision, Orsten will notify the relevant client directly by email.

Continued access to or use of Materials following the effective date of any revised Terms will constitute your acceptance of those revised Terms. If you do not agree to revised Terms, you should contact Orsten at [email protected] to discuss the matter before the effective date.

For any questions, concerns, or notices in connection with these Terms, please contact Orsten through any of the following channels:

• Email: [email protected]
• Phone: +60 3 2298 4516
• Post: Suite 12-7, Plaza Sentral, Jalan Stesen Sentral 5, 50470 Kuala Lumpur, Malaysia

Orsten's office hours are Monday to Friday, 09:00 to 17:30 (MYT). Responses to written enquiries are ordinarily provided within three business days.