Terms and conditions for training courses
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- Rosaline Ball
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1 Terms and cnditins fr training curses Imprtant ntice: Please read carefully befre buying training curses r accessing r dwnlading any training materials frm this website. This is a legal agreement between yu (Licensee r yu) and [BSI Grup (Thailand) C., Ltd. 127/25 Panjathani Twer, Flr 20th Nnsee Rad, Chngnnsee, Yannawa, Bangkk 10120, Thailand.] (Licensr r we) fr yur purchase f BSI training curses and training materials ("Training Curses" and "Training Materials" respectively), which includes printed materials and nline dcumentatin (Dcumentatin). By clicking n the "purchase" buttn n yur event page, yu agree t these terms which will bind yu and (if yu are an emplyer) yur emplyees. If yu d nt agree t these terms, we shall nt sell Training Materials r Dcumentatin t yu and yu must discntinue the purchasing prcess nw. 1. THE PRODUCT A DESCRIPTION We describe ur prducts as: Instructr Lead Training [ILT] Delegates are required t attend a lcatin where an instructr delivers the training elearning [Online training] Delegate can purchase a training activity nline, access and cmplete the curse nline Distance Learning Delegate can bk the prduct nline With distance learning BSI will send learning materials t the delegate fr cmpletin n receipt f full payment Blended Learning A curse that is delivered using a cmbinatin f all learning delivery methds, i.e. ILT, nline and distance Please nte that we reserve the right t change the curse cntent f any Training Curse at any time and withut ntice. 2. THE SALE The purchase f Training Curses and Training Materials are subject t the fllwing: the prices set ut fr the relevant prduct n ur website; and the purchase f the Training Curses and Training Materials includes the granting f a nn exclusive, nn-transferable licence t use the Training Materials and the Dcumentatin n the terms f such licence, which are set ut in the fllwing clause.
2 Methd f Delivery fr Training Curses: nce yur registratin fr a Training Curse has been successfully prcessed, yu will receive an cnfirming yur seat, name f the curse, curse timing, and lcatin f delivery. 3. THE LICENCE Yu may: [IF YOU ARE AN ILT CUSTOMER] receive and pssess the Training Materials assciated with the relevant Training Curse purchased and t use such Training Materials in cnjunctin with the attendance f such curse, as well as use such as a recrd f infrmatin fr the term f this licence prvided that nly the delegate f the relevant ILT Training Curse may make such use f them. [IF YOU ARE AN E-LEARNING CUSTOMER] dwnlad and use the Dcuments fr the purpses f cmpleting the assciated curse n line nly either (as agreed between the parties): n ne CPU if the Licence is a single-user licence r the Sftware is fr single use; r if the Licence is a multi-user r netwrk licence, by the number f cncurrent users agreed between yu and us. [IF YOU ARE A DISTANCE LEARNING CUSTOMER] receive and pssess the Training Materials assciated with the relevant Training Curse purchased and t use such Training Materials in cnjunctin with the attendance f such curse, as well as use such as a recrd f infrmatin fr the term f this licence prvided that nly the delegate f the f the relevant Distance Learning Training Curse may make such use f them. [IF YOU ARE A BLENDED LEARNING CUSTOMER] have the same rights as may be apprpriate with the three categries abve. 4. LICENSEE'S UNDERTAKINGS Except as expressly set ut in this Licence yu undertake (and yu undertake t prcure that yur emplyees r any ther delegate attending a Training Curse n yur behalf r n yur accunt s undertakes): nt t cpy the Training Materials r Dcumentatin except where such cpying is incidental r necessary fr the purpses f cmpleting the relevant Training Curse; nt t rent, lease, sub-license, lan, translate, merge, adapt, vary r mdify the Training Materials r Dcumentatin; nt t alter, r mdify, the whle r any part f the Training Materials r Dcumentatin, nr permit the Training Materials r any part f them t be cmbined with, r becme incrprated int, any ther materials; t supervise and cntrl use f the Training Materials and Dcuments and ensure that they are used by yur emplyees and representatives in accrdance with the terms f this Licence; t include the cpyright ntice f BSI n all entire and partial cpies yu may make f the Training Materials r Dcuments n any medium;
3 nt t prvide r therwise make available the Training Materials r Dcumentatin in whle r in part, in any frm t any persn withut prir written cnsent frm the Licensr; 5. TRANSFERS AND CANCELLATION OF TRAINING COURSES Delegates may transfer their registratin fr ne curse t anther curse up t 7 wrking days prir t the riginal curse date. Once a delegate has transferred n refunds can be made fr the cancellatin f either curse. Only ne transfer by any delegate may be made. If yu cancel a Training Curse: - all cancellatins must be made n later than 14 wrking days befre the start f relevant Training Curse. We will nly accept cancellatins that are made in writing. If a delegate fails t attend a Training Curse, r a cancellatin is sught within the 14 wrking days prir t the start f such curse, full payment will be required. Refund Plicy: if the refund is apprved by the Licensr, it will be made thrugh the riginal mde f payment nly. N refunds shall be given fr the cancellatin f Distance Learning, Blended Learning and Elearning curses n matter when cancellatin is ntified t us. If we cancel a Training Curse, r change curse cntent: - we reserve the right t cancel a Training Curse at any time, withut incurring any additinal liability t the Licensr r any delegate. In such circumstances, we will ffer alternative dates, a full refund r a credit nte. 6. CONFIDENTIALITY 6.1 With regard t any materials that the Licensee may prduce t the Licensr during a Training Curse pursuant t the curriculum f that Training Curse (the Prjects ), The Licensr shall: a. keep cnfidential all knw-hw, including cmmercial and financial infrmatin, that is f a cnfidential nature, disclsed by the Licensee t the Licensr in a Prject; b. nt publish Prjects withut the express prir written cnsent f the Licensee; and c. disclse knw-hw, and any ther cnfidential infrmatin in Prjects, nly t thse persns necessary fr the purpses f the relevant Training Curse and nly t the extent necessary fr the prper perfrmance f their duties. 6.2 The Licensr shall prcure that the bligatins in clause 6.1 are bserved by its emplyees, fficers and agents. 6.3 The Licensr shall ntify the Licensee immediately if it becmes aware f any disclsure in breach f the bligatins in this clause 6. At the request f the Licensee, the Licensr will take all such steps as are necessary t prevent further disclsure. 6.4 The prvisins f this clause 6 shall nt apply t: a. any Prject that is required t be disclsed t any third party pursuant t the curriculum f the Training Curse in which it was prduced and the Licensee was aware f this requirement at the time f presenting the Prject t the Licensr;
4 b. any infrmatin which is in the public dmain at the date f the presentatin f the Prject t the Licensr, r which subsequently cmes int the public dmain ther than by breach f this clause 6; r c. any infrmatin already in the pssessin f the Licensr at the date f presentatin f the Prject, ther than under an bligatin f cnfidentiality; r d. any infrmatin btained withut any bligatin f cnfidence frm a third party that is nt in breach f this Clause The prvisins f this clause 6 shall be deemed effective frm the date first presentatin f a Prject was made t the Licensr and shall remain in full frce and effect fr 10 years frm that date. 7. INTELLECTUAL PROPERTY RIGHTS Yu acknwledge that all intellectual prperty rights in the Training Materials and the Dcumentatin anywhere in the wrld belng t the Licensr, that rights in the Training Materials and the Dcumentatin are licensed (nt sld) t yu, and that yu have n rights in, r t, the Training Materials r the Dcumentatin ther than the right t use them in accrdance with the terms f this Licence. 8. LICENSOR'S LIABILITY Nthing in this Licence shall exclude r in any way limit the Licensr's liability fr fraud, r fr death r persnal injury caused by its negligence, r any ther liability t the extent that it may nt be excluded r limited as a matter f law. The Licensr shall nt be liable under, r in cnnectin with, this Licence r any cllateral cntract fr: lss f incme; lss f business prfits r cntracts; business interruptin; lss f the use f mney r anticipated savings; lss f infrmatin; lss f pprtunity, gdwill r reputatin; lss f, damage t r crruptin f data; r any indirect r cnsequential lss r damage f any kind hwsever arising and whether caused by trt (including negligence), breach f cntract r therwise; Subject t what is prvided abve, the Licensr's maximum aggregate liability under r in cnnectin with this Licence, r any cllateral cntract, whether in cntract, trt (including negligence) r therwise, shall be limited t a sum equal t 5000 Baht.
5 The Licensr's liability fr infringement f third-party intellectual prperty rights shall be limited t breaches f rights subsisting in the UK. These terms set ut the full extent f the Licensr's bligatins and liabilities in respect f the supply f the Training Curses, Training Materials and Dcumentatin. In particular, there are n cnditins, warranties, representatins r ther terms, express r implied, that are binding n the Licensr except as specifically stated in this Licence. 9. TERMS OF PAYMENT Payment can nly be made using an authrised credit card at the time f the transactin n ur website, r by invice. Receipts fr payment are prvided in electrnic frmat. We take reasnable measures t ensure that ur website is a secure site. Please see the terms and cnditins f use f ur website cncerning access t it and use f the facilities n it. We take all necessary steps t ensure that any infrmatin prvided by yu fr the purpses f payment will be kept secure. Invices payment terms are 30 days frm date f invice r at least 10 wrking days befre the start f the curse, whichever is sner. 10. TERMINATION The Licensr may terminate this Licence immediately by written ntice t yu if yu cmmit a material r persistent breach f this Licence which yu fail t remedy (if remediable) within 14 days after the service f written ntice requiring yu t d s; r a petitin fr a bankruptcy rder t be made against yu has been presented t the curt; r the Licensee (where it is a cmpany) becmes inslvent r unable t pay its debts (within the meaning f sectin 123 f the Inslvency Act 1986), enters int liquidatin, whether vluntary r cmpulsry (ther than fr reasns f bna fide amalgamatin r recnstructin), passes a reslutin fr its winding-up, has a receiver r administratr manager, trustee, liquidatr r similar fficer appinted ver the whle r any part f its assets, makes any cmpsitin r arrangement with its creditrs r takes r suffers any similar actin in cnsequence f its debt, unable t pay yur debts (within the meaning f sectin 123 f the Inslvency Act 1986). Upn terminatin fr any reasn: all rights granted t yu under this Licence shall cease; yu must cease all activities authrised by this Licence; yu must immediately pay t the Licensr any sums due t the Licensr under this Licence; and yu must immediately delete r remve the Training Materials r Dcumentatin frm all cmputer equipment in yur pssessin, and immediately destry r return t the Licensr (at the
6 Licensr's ptin) all cpies f the Training Materials and Dcumentatin then in yur pssessin, custdy r cntrl and, in the case f destructin, certify t the Licensr that yu have dne s. 11. TRANSFER OF RIGHTS AND OBLIGATIONS This Licence is binding n yu and us, and n ur respective successrs and assigns. Yu may nt transfer, assign, charge r therwise dispse f this Licence, r any f yur rights r bligatins arising under it, withut ur prir written cnsent. We may transfer, assign, charge, sub-cntract r therwise dispse f this Licence, r any f ur rights r bligatins arising under it, at any time during the term f the Licence. 12. EVENTS OUTSIDE OUR CONTROL We will nt be liable r respnsible fr any failure t perfrm, r delay in perfrmance f, any f ur bligatins that is caused by events utside ur reasnable cntrl (Frce Majeure Event). A Frce Majeure Event includes any act, event, nn-happening, missin r accident beynd ur reasnable cntrl. Our perfrmance is deemed t be suspended fr the perid that the Frce Majeure Event cntinues, and we will have an extensin f time fr perfrmance fr the duratin f that perid. We will use ur reasnable endeavurs t bring the Frce Majeure Event t a clse r t find a slutin by which ur bligatins may be perfrmed despite the Frce Majeure Event. 13. WAIVER If we fail, at any time during the term f this Licence, t insist upn strict perfrmance f any f yur bligatins, r if we fail t exercise any f the rights r remedies t which we are entitled, this shall nt cnstitute a waiver f such rights r remedies and shall nt relieve yu frm cmpliance with such bligatins. A waiver by us f any default shall nt cnstitute a waiver f any subsequent default. N waiver by us f any f these terms and cnditins shall be effective unless it is expressly stated t be a waiver and is cmmunicated t yu in writing. 14. GENERAL Any ntice required r permitted t be given by either party t the ther under these terms shall be in writing. If any prvisin f these terms is held by any cmpetent authrity t be invalid r unenfrceable in whle r in part the validity f the ther prvisins f these terms and the remainder f the prvisin in questin shall nt be affected thereby. [The terms are gverned by the laws f Thailand and the parties submit t exclusive jurisdictin f the curts f Thailand.] 15. DISTANCE SELLING REGULATIONS
7 The prvisins f Regulatin 13(1) f The Cnsumer Prtectin (Distance Selling) Regulatins 2000 ( the Regulatins ) shall apply where the purchase t which these Cnditins apply is made by a Buyer wh is a cnsumer (being smene purchasing Publicatins utside the curse f a business) wh will therefre nt be able t cancel this Cntract under Regulatin 10 f the Regulatins nce the Buyer has with the cnsent f the Seller cmmenced perfrming the Cntract by starting t dwnlad a Publicatin. 16. ENTIRE AGREEMENT These terms and any dcument expressly referred t in them represent the entire agreement between us in relatin t the purchase f Training Curses, Training Materials and Dcumentatin and supersede any prir agreement, understanding r arrangement between us, whether ral r in writing. We each acknwledge that, in entering int these terms, neither f us has relied n any representatin, undertaking r prmise given by the ther r be implied frm anything said r written in negtiatins between us prir t entering int these terms, except as expressly stated in these terms and cnditins. Neither f us shall have any remedy in respect f any untrue statement made by the ther, whether rally r in writing, prir t the date f entering int these terms (unless such untrue statement was made fraudulently) and the ther party s nly remedy shall be fr breach f cntract as prvided in these terms and cnditins. 17. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS We have the right t revise and amend these terms and cnditins frm time t time. September 2013
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