The Purchaser contracts with Global Knowledge Network (Ireland) Ltd. on its own behalf and on behalf of persons (delegates) who are enrolled by the Purchaser on Global Knowledge Network (Ireland) Ltd. Courses including courses on Global Knowledge Network provided premises (facilities and seminars), on Purchaser provided premises (onsite courses) or who receive packaged courses ordered on their behalf by the Purchaser. These terms and conditions supersede and replace any previous agreements, proposals or representations made between the Purchaser and Global Knowledge Network for the provision of Facilities and seminars, Onsite courses and packaged courses. These terms and conditions shall prevail notwithstanding any terms and conditions contained in any order submitted by the Purchaser. Any variation must be agreed in writing by Global Knowledge Network. The Waiver by Global Knowledge network of any breach of any term of this Agreement shall not prevent the Subsequent enforcement of that term and shall not be deemed to be a waiver of any subsequent breach.
The Purchaser hereby certifies that all Delegates are employed directly by, or are under contract to, the Purchaser and undertakes to bring these terms and conditions to the attention of Delegates.
The Purchaser and Delegates will not:
(a) Disclose or provide or make available to any person other than the Purchaser or Global Knowledge Network, or remove from Global Knowledge Network’s premises any Global Knowledge Network program materials or copies thereof acquired as a result of receiving Global Knowledge Network Services without Global Knowledge Network’s prior consent.
(b) copy in whole or in part of any program materials acquired as a result of receiving Global Knowledge Network Services except under the supervision of or in accordance with the instructions of Global Knowledge Network’s Personnel. Program materials consist of the basic material and their related optional materials for Global Knowledge Network program products, Global Knowledge Network special programs and other Global Knowledge Network licensed programs. NOTE: Global Knowledge Network materials and courses are provided for the exclusive use of the Purchaser and Delegates. All rights in such materials and courses are reserved. The recording, copying, loan, unauthorised hire, public showing or broadcasting of such materials and courses are prohibited.
(a) Global Knowledge Network will indemnify the Purchaser and Delegates against direct injury or death caused by defects in any Global Knowledge Network’s products or by the negligence of its employees.
(b) Global Knowledge Network will indemnify the Purchaser and Delegates against direct damage to property caused by any of Global Knowledge Network’s product or by negligence
of Global Knowledge Network’s employees. Global Knowledge Network’s total liability under this sub-clause shall be limited to £250,000 for any one event or connected events.
(a) Onsite Training and Facilities and Seminars will commence on the date specified by Global Knowledge Network in the confirmation of acceptance issued to the Purchaser. Packaged Courses will be delivered to the Purchaser as soon as reasonably practicable. Global Knowledge Network shall not be liable for any costs or damages suffered by the Purchaser or Delegates as a result of any delays in delivery of Packaged Courses or the cancellation or postponement of either Onsite Courses or Facilities and Seminars.
(b) All Delegates will be required to complete a Delegate Registration Form on the start date of each course.
We will specify the dates of public scheduled classes. We may cancel any scheduled class on notice. If we cancel a class for which you have prepaid, we will refund the price you paid.
All materials and audio visual media e.g. video cassettes, audio tapes and work books supplied by Global Knowledge Network are warranted for a period of ninety (90) days. Computer media, e.g. Disk packs, Magnetic tapes, etc., are warranted against defects in material and workmanship under normal proper use in its original and unmodified condition for the period set forth above. If found defective by Global Knowledge Network within the terms of this warranty, Global Knowledge Network’s sole obligation shall be to repair or replace (at its option) the defective product. If Global Knowledge Network determines the product is not defective within the terms of this warranty, the Purchaser shall pay all costs of handling and return transportation. All replaced products become the property of Global Knowledge Network. Global Knowledge Network shall not be liable for any errors or omissions in any written material supplied by Global Knowledge Network. Except for the express warranties stated in this clause. Global Knowledge Network disclaims all other warranties whether express or implied by statute common law or otherwise, and save as detailed in Clause 4 the warranties in this clause are in lieu of all obligations and liabilities on the part of Global Knowledge Network for damages arising out of or in connection with the use or performance of its product. In no event shall Global Knowledge Network be liable for indirect or consequential loss suffered by the Purchaser or Delegates and arising out of Global Knowledge Network’s performance under this agreement.
The Purchaser agrees to pay the following charges to Global Knowledge Network in the Event that for whatever reason a Delegate fails to attend, withdraws or transfers from a course without providing at least ten (10) working days’ written notice prior to the schedule start of the course. In this respect, a cancellation fee refers to a specific course date and therefore a transfer to a later course counts as a cancellation.
Written Notice Given Cancellation or Transfer Charge
0-10 working days: 100% of course fee
Unless otherwise stipulated by Global Knowledge Network, fees for all Onsite Courses and Facilities and Seminars are payable by the Purchaser ten (10) working days prior to course commencement, or at time of order where this is less than ten (10) working days before course commencement. If we do not receive payment we reserve the right to cancel the course booking. Unless otherwise stipulated by Global Knowledge Network, fees for Packaged Courses are payable at the time of order. Purchaser will be conclusively presumed to have received all packaged courses ordered unless Purchaser notifies Global Knowledge Network to the contrary within thirty (30) days of receipt of the invoice.
THE CONSUMER PROTECTION (DISTANCE SELLING) REGULATIONS 2000
In the case of transactions where the above regulations apply then the Purchaser shall have the right to cancel this contract without liability within 14 days provided that the company has not commenced delivery of the services during this period.
All fees are subject to Value Added Tax which applies to all delegates attending courses in the UK, regardless of country of origin as the tax point is the location of the course.
Notwithstanding any other provision of this Agreement, the training, products, services and/or technical data covered by this Agreement, can only be delivered subject to Global Knowledge Network (Ireland) Ltd obtaining the required export licence or authorisation from the US Department of Commerce as required by the Export Administration Regulations. Regardless of any disclosure made by the Purchaser/Delegates to Global Knowledge Network of an ultimate destination of the products and/or technical data, it is the Purchaser’s sole responsibility to obtain the necessary approvals from the US Government and other government authorities before exporting from the country of purchase any such products or technical data.
The Purchaser will not assign the benefit of this Agreement without obtaining the prior written consent of Global Knowledge Network.
The proper law governing this agreement shall be English and the forum for settling any disputes under this Agreement shall be the English courts.