1. INTRODUCTION
1.1 Note the disclaimer in paragraph 7, the limitation on liability in paragraph 8 and the cancellation fee in paragraph 10.
1.2 If you would like to use any of our material in a way not covered by these terms, please contact us.
2. DEFINITIONS
AGREEMENT YOU or YOUR’S, WE or OUR AUTHORISED USERS MATERIAL
SERVICE(S) FEE
The terms and conditions contained in the relevant booking form and these terms.
The person entering into this agreement with us by accepting these terms. Where the context so requires, You or Your includes your Authorised Users. Hope 4 Life NI Ltd
All sites, offices and locations that you and we have agreed are covered by this agreement.
The information, know-how, data and any other material we supply to you pursuant to the Service(s) Training and Material relating to a service or services provided to you by us, face to face, through our web-site or sent to you by e-mail or by any other means. Service includes any ancillary software supplied by us.
The fee for any Service as specified in the booking form or confirmation.
3. AUTHORITY
3.1 We authorise you to use the Service on condition that (a) you comply with your obligations under this agreement; and (b) the Fee is paid.
3.2 This Agreement starts when you sign and date the booking form, send it to us and we issue a booking confirmation to you. We will acknowledge receipt of your booking by email. This Agreement ends when it is terminated under paragraph 9.
4. TERMS OF THE USE OF SERVICE
4.1 You acknowledge that we or our licensors own all of the intellectual property rights in the Materials and the Service. You may copy and use Material for the purpose of completing training assignments in your own name or in the name of your Authorised Users. You may not use the Material for any other purpose.
4.2 We may make such amendments to this Agreement or the Service as in our sole discretion may be necessary or appropriate to comply with any regulations, instructions, recommendations or the like issued by Regulation Authorities.
5. YOUR OBLIGATIONS
5.1 You shall not use the Service or materials for training other people.
5.2 You will not:
5.2.1 Alter any part of the Service or the Materials; or
5.2.2 Assign or otherwise dispose of your or our rights under this agreement.
5.2.3 Contest our intellectual property rights in the Service or the Materials.
5.3 You will pay the Fee 15 days in advance of the date upon which the training to be provided pursuant to the Service is due to take place. If you are paying by cheque, the cheque must be attached to the booking form. If an invoice is required, payment of the Fee should be made within 15 days of the date of invoicing. A Deposit of 50% of the total fee will be required at time of booking.
6. OUR OBLIGATIONS
6.1 We warrant that you will not infringe any third party rights by using the Service or completing training assignments.
6.2 We will provide the Service using reasonable skill and care.
6.3 If you satisfactorily complete your training, we will issue a certificate of attendance, specifying the course title, delivery date.
7. DISCLAIMER
We give you no warranty or assurance, except as set out in paragraph 6 above. We declare and you acknowledge that all implied warranties and conditions are excluded to the maximum extent permitted by law. You should note in particular:
7.1 The Service and training assignments and the related answers are not intended to constitute a definitive or complete statement of the law on any subject.
7.2 We may change or withdraw part or all of any Service or training assignment at our discretion.
8. LIABILITY
8.1 Our liability to you for any loss or damage is limited to damages of an amount equal to the Fee.
9. TERMINATION
9.1 This agreement will terminate when the Services are complete or if you are in material breach of any of its terms and if the breach is not remedied within the period of ten days after we have given you written notice of it.
10. CANCELLATION
10.1 If you wish to cancel a Service you must notify us in writing and in advance of the date set for the Service to begin.
10.2 If you cancel the Service with more than 20 working days written notice to us before the date the Service is to begin we will reimburse you any Fee paid less a £55 administration fee. If you cancel the Service with less than 15 working days written notice to us before the date the Service is to begin you will not be entitled to any refund of the Fee and you will be liable to pay us any unpaid Fee in full.
10.3 You may transfer your booking from one Service to another for an administration fee of £25 provided that you give us at least 20 days written notice before the date the Service is to begin and pay us the difference in any Fees due for the second Service.
10.4 We reserve the right to cancel any Service or change venue, trainers or programme at short notice. We will endeavour to provide you with as much notice as is possible in the circumstances of these changes or cancellation. If we cancel a Service we will refund the Fee to you.
11. ASSIGNMENT; THIRD PARTY RIGHTS; ENTIRE AGREEMENT; GOVERNING LAW
11.1 You may not assign this agreement without our consent in writing.
11.2 This agreement is not intended to benefit anyone other than the parties to it and, in particular, no term of this agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.
11.3 This agreement constitutes the entire agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the subject matter of this agreement. Each of the parties acknowledges and agrees that in entering into this agreement it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this agreement or not) other than as expressly set out in this agreement. The only remedy available to it for breach of the agreement shall be for breach of contract under the terms of this agreement.
11.4 This agreement is governed by UK law and you submit to the non-exclusive jurisdiction of the UK courts