TEMPLAR EXECUTIVES LIMITED: TERMS AND CONDITIONS OF USE OF TEMPLAR EXECUTIVES COMPUTER-BASED TRAINING
Templar Executives Limited (Templar Executives) is to provide you, the participator (You and Your) with access to its course/s (the Courses) and its accompanying e-learning materials (collectively, the E-Learning Materials) on its Site (the Site) or otherwise, as a result of the payment by you of the charges for the Courses and acceptance of these terms and conditions (the Terms and Conditions).
By accepting these Terms and Conditions, You agree that You have read, understand and agree to the Terms and Conditions set out below. You also agree to review this agreement periodically to be aware of modifications to the agreement, which Templar Executives may make at any time. Your continued use of this e-learning will be deemed your acceptance of any modified agreement.
1.1 In consideration of payment for the Courses, Templar Executives grants You a non-exclusive, non-transferable right and licence to use, the E-Learning Materials.
1.2 Use of the E-Learning Materials shall be restricted to the purpose set out in the Course material.
1.3 Except as expressly agreed by Templar Executives, You have no right (and shall not permit any third party) to copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the E-Learning Materials in whole or in part (except to the extent that any reduction of the E-Learning Materials to human readable form (whether by reverse engineering, de-compilation or disassembly) is necessary for the purposes of integrating the E-Learning Materials with the operation of other software or systems used by You).
1.4 You will not: (a) sub-license, assign or novate the benefit or burden of this licence in whole or in part; (b) allow the software to become the subject of any charge, lien or encumbrance; or (c) deal in any other manner with any or all of Your rights and obligations under this agreement, in each case, without the prior written consent of Templar Executives.
1.5 Templar Executives may at any time sub-license, assign, novate, charge or deal in any other manner with any or all of its rights and obligations under this licence.
1.6 You agree to keep a complete and accurate record of your copying and disclosure of the E- Learning Materials and the users to whom You have granted access, and, to the extent permitted by applicable law, to produce such record to Templar Executives on request from time to time.
1.7 You shall notify Templar Executives as soon as You become aware of any unauthorized use of the E-learning Materials.
2.1 Templar Executives quotes prices and issues invoices for the Courses in various currencies. You shall pay in the currency shown on the Templar Executives website or in any related material.
2.2 Currency conversion charges from any other currency to that of the invoice is the responsibility of the client.
2.3 Any sales taxes relevant to the country where the course is hosted will be added to the course fees in accordance with that country’s tax regulations.
2.4 Templar Executives will raise an invoice for the module fees and any certification before the start of the training.
2.5 Where You have not made payment, You must make payment immediately and within the period of time indicated on the invoice regardless of training having been started or the E-Learning Materials having been made available.
2.6 Templar Executives receives payments electronically. Our bank details are noted on our invoices.
2.7 Course fees include the licensing of training materials to a limited period of time to and appropriately qualified course content. Individual licences are valid to one person only and cannot be exchanged or shared.
2.8 Templar Executives reserves the right to review the pricing and take appropriate action when changes to module specification occur which are beyond our control.
2.9 All discounts, whether advertised or stated in correspondence, are mutually exclusive i.e. only one discount can be applied to any one booking.
2.10 Late payment may incur penalty charges including removal of any discounts.
2.11 Templar Executives reserves the right to charge interest on late payments of invoices at a rate of 5% above the Bank of England’s base rate.
- Cancellation Policy
3.1 All cancellation requests must be received in writing and will be granted solely at the discretion of Templar Executives.
3.2 If a user cannot access the module online because they fail to meet the required system requirements, Templar Executives will not take responsibility or give a refund to the purchaser. It is the customer’s responsibility to test their system for any compatibility issues prior to signing the purchase agreement.
3.3 The start date of all access is deemed to be the date that the user first has access to the e-learning modules.
4.1 Once the purchase is completed the nominated user(s) will be granted access to the online e-learning, no refund is available after the first user has accessed the e-learning portal.
4.2 No refund is given where a user does not complete the e-learning course or submit an assessment.
4.3 No refund is given where a client does not use the full number of licenses stipulated in the purchase agreement.
- E-Learning Materials
5.1 The E-Learning Materials are the property of Templar Executives, which have been prepared, maintained, updated and distributed by Templar Executives.
5.2 The use of the E-Learning Material is restricted to You, the party who has been supplied with the log in details by Templar Executives.
5.3 The materials made available by Templar Executives are provided “as-is” without warranties of any kind, either expressed, or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title or non-infringement.
5.4 Templar Executives does not warrant that the materials will be error free including technical inaccuracies, malware or other harmful matter. The entire cost of any necessary service, repair, or correction, is the Registered User’s responsibility.
5.5 Templar Executives may make improvements, or changes, to this material at any time without prior notification.
5.6 If you do not agree with these Terms and Conditions you must cease to use the e-learning immediately.
- Access to E-Learning Materials
6.1 Templar Executives strives to provide uninterrupted e-learning module content to its clients. To that end, Templar Executives will take all commercially reasonable efforts to provide uninterrupted access of the courses to its customers. However, from time to time, customers may be unable to access the courses due to conditions beyond Templar Executives control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of those acting outside the law. Also, from time to time, access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the courses to its customers, Templar Executives will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.
6.2 Templar Executives endeavours to provide the highest quality content to its customers. To that end, Templar Executives reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this module in whole or in part, including, without limitation, the content, availability and access. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes the Templar Executives Site.
6.3 Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site and module.
6.4 Templar Executives shall make reasonable efforts to provide technical support Monday to Friday between the hours of 9am – 5pm excluding statutory holidays in the UK.
- Third Party Content; Hyperlinks
7.1 Templar Executives makes no warranty, either expressed or implied, of the accuracy, merchantability, fitness for a particular purpose, or non-infringement of the information provided by third parties. This includes, but is not limited to, any information found on a link located on this Site that allows users to access information found on another Site. Additionally, Templar Executives does not warrant the existence or functionality of any website which can be accessed through a link located on this Site.
- Copyrights, Trademarks and Other Proprietary Rights
8.1 Templar Executives or its third party content providers shall retain all worldwide rights in the intellectual property, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the “look and feel” of the Site, its colour combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything you read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by Templar Executives.
8.2 Except as expressly stated in these Terms, nothing that You read or see may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Templar Executives, except as provided in these Terms. Nothing in these Terms grants you an express or implied licence to use any of Templar Executives’ intellectual property.
- Disclaimers and Limitation of Liability
9.1 Users access and use the E-Learning Materials, the Course and the Site at his/her/its own risk. The Site is provided on an “as is, as available” basis without warranty of any kind, expressed, implied or statutory, and any and all warranties of merchantability, fitness for a particular purpose or non-infringement of third parties’ rights are specifically disclaimed. Templar Executives does not warrant any particular result from use of the software or Site. Templar Executives does not warrant that the information on the Site is accurate, complete or complies with any particular law or regulation, or that the operation of and your access to the Site will be uninterrupted, error-free, malware-free or completely secure.
9.2 Under no circumstances and under no legal theory (tort, contract or otherwise) shall Templar Executives or any of its affiliates, agents, employees, shareholders, directors, officers, third party content providers, successors or assigns be liable to you or any other person or entity for any indirect, special, incidental, punitive or consequential damages of any character, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract, or any and all other commercial damages or losses.
9.3 Your use of this Site is at your sole risk and any content that you download is downloaded at your own discretion and risk, and you are solely responsible for any damage to your computer system in excess of the amount Templar Executives received from students for a course, and for any loss of data that results from the downloading of any such content, including any damages resulting from malware.
9.4 In no event will Templar Executives be liable for any damages in excess of the amount Templar Executives received from the customer for access to a module, even if Templar Executives has been informed of the possibility of such damages, or for any claim by any other party.
9.5 In no event will warranties provided by law, if any, apply unless they are required to apply by statute notwithstanding their exclusion by contract.
9.6 This disclaimer is applicable to any damage or injury resulting from the negligence or an omission of Templar Executives, malware or other similar item, telecommunications errors, or unauthorised access to or use of user information through theft or any other means. Templar Executives is not liable for criminal, tortious, or negligent actions or omissions of third parties that affect this Site.
10.1 Templar Executives shall not be in breach of these Terms and Conditions nor liable for delay in performing, or failure to perform, any of its obligations under these Terms and Conditions if such delay or failure result from events, circumstances or causes beyond its reasonable control (which shall include local down-time as a result of unforeseen security restrictions) notwithstanding the exercise of reasonable diligence.
10.2 You shall not at any time disclose to any person any confidential information concerning the business, affairs, clients or suppliers of the other Party and You shall not use the other Party’s confidential information for any purpose other than to perform its obligations under these Terms and Conditions.
10.3 These Terms and Conditions constitutes the entire agreement between Templar Executives and You and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
10.4 No variation of these Terms and Conditions shall be effective unless it is agreed by Templar Executives and You.
10.5 A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy; or prevent or restrict the further exercise of that or any other right or remedy.
10.6 If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part- provision shall be deemed deleted. Any modification to or deletion of a provision or part- provision under this clause shall not affect the validity and enforceability of the rest of these Terms and Conditions.
10.7 Any notice or other communication given to a Party under or in connection with these Terms and Conditions shall be in writing, addressed to that Party at its registered office or such other address as that Party may have specified to the other Party in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first-class post or other next working day delivery service, commercial courier, or email.
10.8 A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 8(a); if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by receipted email, one business day after transmission.
10.9 No one other than a party to these Terms and Conditions shall have any right to enforce any of its terms.
10.10 Any dispute or claim arising out of the Terms and Conditions or about it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Templar Executives and You hereby irrevocably submit to the exclusive jurisdiction of the English Courts.