(a) Unless expressly stated by the Company in writing all quotations are made and bookings accepted on the following Terms and Conditions.
(b) In these Conditions: i: "Company" means The Training Matrix Ltd, ii: "Contract" means any contract made subject to these Conditions, iii: "Client" means any person with whom the Company enters into a contract subject to these conditions, iv: "Booking" means any confirmed reservation made with the Company by whatever means.
Other printed or standard conditions:
These Conditions and the Contract constitute the entire understanding of the parties and shall apply to the Contract to the exclusion of any other contractual terms and conditions and no contractual terms contained in any document sent by the client shall be of any effect with respect to the contract unless expressly accepted by the company in writing. The client acknowledges that it has not relied on and shall not be entitled to rescind the contract or to claim damages or any other remedy on the basis of any representation, warranty, undertaking or statement which is not set out in these conditions. These conditions may not be varied or waived except with the express written agreement of the Company.
All prices are as stated and are exclusive of VAT which will where appropriate be charged at the current rate.
Cancellations or postponements of the Training Matrix course bookings:
(a) Confirmed cancellations or postponements received via e-mail, facsimile or in writing more than 14 days prior to the date of the course incur an administration charge of £25.00 (+VAT). This administration charge will be applied per person, per course cancelled or postponed.
(b) Confirmed cancellations received via e-mail, facsimile or in writing less than 7 days prior to the date of the course are payable in full.
(c) Bookings made within 7 days of the date of the course may not be cancelled or postponed without incurring a 100% cancellation charge.
(d) Substitutes may be made at any time without penalty. Training Matrix will be informed of any changes.
Unless otherwise agreed in writing, payment for each course is to be received no later than 7 days prior to the course start date.
Provision of service:
The Company reserves the right to cancel, postpone, alter or delay any booking.
It is the responsibility of the Client to advise the Company of delegates with special needs. The Company cannot accept responsibility for such delegates unless it has stated in writing that it is able to accommodate those needs.
We do not accept bookings by any individual unless payment of cleared funds is received at least 7 days before the commencement of each course or exam.
As we are not able to accept any delay in invoice payment it is important that you tell us about any special arrangements you require for your invoices.
3. Copyright and Trademarks
The information and materials ("Content") appearing on the Site are displayed for personal, non-commercial use only. All software used on the Site and all Content included on the Site (including without limitation site design, text, graphics, audio and video, the selection and arrangement thereof and the underlying source code) is our property or that of our suppliers and is protected by international copyright laws. ALL RIGHTS RESERVED.
None of the Content may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of the copyright holder. This excludes the downloading of one copy of extracts from the Site on any single computer for personal, non-commercial home use only, provided that all copyright and proprietary notices are kept intact. Modification of any of the Content or use of any of the Content for any purpose other than as set out herein (including without limitation on any other website or computer network) is prohibited. If you breach any of the terms of this legal notice, your permission to use the Site automatically terminates and you must immediately destroy any downloaded or printed extracts from the Site. Requests to republish any of the Content and to use quotations or extracts from the Site should be addressed to email@example.com. All trademarks, service marks and logos used on the Site from time to time are the trademarks, service marks or logos of their respective owners.
We have made every effort to secure (where appropriate) licenses and clearances for all third party intellectual property used on the Site. You may notify us of alleged intellectual property rights infringement by contacting us via e-mail at firstname.lastname@example.org
4. Links to third party websites
The Site may from time to time include links to third party internet websites which are controlled and maintained by others. These links are included solely for your convenience and do not constitute any endorsement by us of the websites linked or referred to, nor do we have any control over the content of any such websites. Further, we have not reviewed all of these third party websites and do not make any representations regarding the availability or content or accuracy of materials on such websites. If you decide to access third party websites through links on the Site, you do so at your own risk. Your use of third party websites is subject to the terms and conditions of use of those websites.
5. Liability disclaimer
While we endeavour to ensure that the information on the site is correct, to the maximum extent permitted by law, we provide you with the site on an 'as is' basis only. You accept that access to the site may be suspended at any time and without notice in the case of systems failure, maintenance or repair or for any other reasons whatsoever, including for reasons beyond our control.
We make no representation or warranties of any kind, express or implied, as to the operation of the site or the information, reliability, completeness or timeliness of the content or services available on the site or that the use of the site will be uninterrupted, timely, secure or error-free. You expressly agree that your use of the site is at your own risk.
Further, any other party (whether or not involved in creating, producing, maintaining or delivering the site) including the officers, employees, consultants or agents exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or any third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money or loss or damages arising from or connected in any way to business interpretation and whether in tort (including without negligence) contract, warranty or otherwise in connection with the site in any way or in connection with the use, inability to use or the results of use of the site, any websites linked to the site or the content on the site, including but not limited to loss or damage due to viruses (including logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) that may infect your computer equipment, software data or other property on account of your access to, use of, or browsing the site or your downloading of any content from the site or any websites linked to the site. Further, we exclude all liability and responsibility as set out above whether or not we are advised of the possibility of such loss or damage.
Nothing in this legal notice shall exclude or limit our (including our employees or agents) liability for:-
(a) death, personal injury or fraud caused by negligence (as such term is defined by the unfair contract terms act 1977); or
(b) misprepresentation as to a fundamental matter; or
(c) any liability which cannot be excluded or limited under applicable law, including:-
(a) conditions and warranties implied by section 12 of the sale of goods act 1979 and where the customer deals as a consumer; or
(b) conditions implied by sections 13 to 15 inclusive of the sale of goods act 1979 and by sections 3 and 4 of the supply of goods and services act 1982.
If your use of the content on the site results in the need for servicing, repairing or correction of equipment, software or data you assume all costs thereof.
This legal notice does not affect your statutory rights as a consumer.
6. Your account
If you have an account with us then you are responsible for maintaining the confidentiality of this account and any related passwords for your restricting access to your computer and/or account. You agree to accept responsibility for all activities that take place under your account and/or passwords.
• that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous in breach of confidence, in breach of privacy or which make cause annoyance or inconvenience; or
• for which you have not obtained all necessary licences and/or approvals; or
• which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of or infringe the rights of any third party, in the United Kingdom or any other country in the world; or
• which is technically harmful (including without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); or
• which facilitates your misuse of the Site (including, without limitation, hacking)
We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the above prohibitions.
You agree that we may in our sole discretion and at any time terminate any password and account (or any part thereof) of yours without limitation, if we believes that you have violated or acted inconsistently with the letter or spirit of these terms.
The Site may contain advertisements by third parties, and these advertisements may contain links to other websites. Unless otherwise specifically stated, we do not endorse any product or service or make any representation regarding the Content or accuracy of any materials contained in or linked to any advertisement on the Site.
You agree to indemnify and hold us, our officers, employees, agents, consultants, licensees and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of the Content of the Site in a manner that violates, or is alleged to violate, these terms. We shall provide notice to you promptly of any such claim, suit, or proceeding, and shall reasonably co-operate with you, at your expense, in your defence of any such claim.
10. Force Majeure
We will not be liable for any delay or failure in performance or interruption of the delivery of the Content of the Site resulting directly or indirectly from any cause or circumstances beyond our reasonable control, including but not limited to failure of equipment or communication lines, telephone or other interconnect problems, computer viruses (including logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data), unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes, or other labour problems, wars or governmental restrictions.
11. Severability and Waiver
If any provision of these terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms, which shall remain in full force and effect. No waiver of any of these terms shall be deemed a further or continuing waiver of such term or any other term.
12. Access outside England
We are based in England. Access to the Content of the Site may not be legal by certain persons or in certain countries. If you access the Site from outside England you do so at your own risk and are responsible for compliance with the Laws of your jurisdiction. Recognising the global nature of the internet, you agree to comply with all local rules regarding on line conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Country in which you reside.
13. Entire Agreement
These terms constitute the entire agreement between you and us and govern your use of the Site, superseding any prior agreements between you and us.
Unless otherwise agreed in writing by us, these terms are governed by, and construed in accordance with English Law and you irrevocably agree that the Courts of England shall have non-exclusive jurisdiction to settle any dispute which may arise out of or in connection with these terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the non-exclusive jurisdiction of the English Courts.
15. No Joint Venture, Partnership, Employment or Agency
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of your use of this Site and therefore acceptance of these terms.
16. Changes to these terms
We reserve the right at our sole discretion to add to or change these terms. Any changes will be posted to this page and it is your responsibility as a user to ensure that you are aware of any such changes from time to time. Changes will become effective 24 hours after first posting and you will be deemed to have accepted any change if you continue to access the Site after that time.
17. User information
19. Our contact details
If you have any comments suggestions or questions about these terms and/or the Site and/or us generally, please contact us by sending an e-mail to email@example.com or writing to The Training Matrix Limited, 42 Queens Road Coventry CV1 3DX