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Terms & Conditions for Training Courses
The following constitute the terms and conditions to which applicants agree when booking any standard EDUBUS Irvine and Pacific Sequoia Inc. face-to-face training or e-learning courses (“Terms & Conditions”). If you agree to these Terms & Conditions not as an individual but on behalf of your company or other legal entity, then “Customer” or “you” or “your” shall refer to such entity and its affiliates. You represent that you have the authority to bind such entity and its affiliates to these Terms & Conditions and bind your company to these Terms & Conditions. EDUBUS Irvine and Pacific Sequoia Inc. (as defined in Section 8.1 below), you shall each be referred to as a “Party” and together as the “Parties” in this Agreement. If you do not have such authority, or if you do not agree with these Terms & Conditions, you must not accept these Terms & Conditions. You may not use the documentation, whether printed or available online, provided by EDUBUS Irvine and Pacific Sequoia Inc. about the training (“Training Material”). EDUBUS Irvine and Pacific Sequoia Inc. reserves the right to review and update these Terms & conditions periodically at its sole discretion.
BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, OR BY USING OR ACCESSING EDUBUS TRAINING MATERIAL, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
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BOOKING
1.1. Standard training. Standard Face-to-face training and e-learning courses can be booked via the booking forms available on the EDUBUS Irvine and Pacific Sequoia Inc. website. When you submit a booking for an online course, your submission represents an offer to EDUBUS Irvine and Pacific Sequoia Inc. to book you onto the course you selected.
1.2. Custom Training. Custom training engagements can also be contracted through EDUBUS Irvine and Pacific Sequoia Inc. Professional Services as a Statement of Work document described and governed by both EDUBUS Irvine and Pacific Sequoia Inc. Customer Agreement.
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PAYMENT
Training fees can be paid at the point of booking via ZELLE's secure online payment process if you are located in the United States. Otherwise they can be paid by check or bank account transfer. In all cases, payment must be received prior to start of training. If you elect to pay the fees via ZELLE, all major credit and debit cards are accepted.
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YOUR OBLIGATIONS
- You may not allow anyone else to access the e-training courses via your log-in details. You must comply with all health and safety rules and regulations and any other reasonable security requirements at the premises where the training courses are provided. EDUBUS Irvine and Pacific Sequoia Inc. reserves the right to remove any delegate from a training course whose behavior is deemed inappropriate by EDUBUS Irvine and Pacific Sequoia Inc. or its trainers. In these circumstances, EDUBUS Irvine and Pacific Sequoia Inc. will neither refund fees nor reimburse any other costs.
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LIMITATION OF LIABILITY
EDUBUS Irvine and Pacific Sequoia Inc. do not accept responsibility for anyone's actions based on the information or views expressed in its training courses, including course materials. Opinions expressed are those of individual trainers and not necessarily those of EDUBUS Irvine and Pacific Sequoia Inc. Participants should take professional advice when dealing with specific situations.
- Should a participant require an invitation letter from EDUBUS Irvine and Pacific Sequoia Inc. , we can provide this as long as full payment of the training course fee has been received. EDUBUS cannot act on behalf of the participant and is not responsible for any costs incurred by failure to obtain a full visa.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, EDUBUS SHALL NOT BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EDUBUS'S AGGREGATE LIABILITY TO THE OTHER SHALL EXCEED THE AMOUNT PAID BY YOU TO EDUBUS FOR THE TRAINING, GIVING RISE TO A CLAIM.
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WARRANTY AND DISCLAIMER
- EDUBUS Irvine and Pacific Sequoia Inc. ensure that all our training services are delivered diligently and in a good, workmanlike, timely, and professional manner consistent with industry standards. The training services will be performed as described in the individual class agendas. EDUBUS Irvine and Pacific Sequoia Inc. shall provide such trainers to present the training course as it, in its sole discretion, deems fit and EDUBUS shall be entitled at any time to substitute any trainer with any other person who, in EDUBUS Irvine and Pacific Sequoia Inc. 's sole discretion, it deems suitably qualified to present the relevant course.
- EDUBUS Irvine and Pacific Sequoia Inc. do not warrant that the provision of any content online will always be available or be uninterrupted, timely, or error-free, that defects will be corrected, or that such content is secure or free from bugs, viruses, errors, and omissions.
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INDEMNIFICATION
- Both Parties agree to defend, indemnify, and hold harmless the other Party and its directors, officers and employees from and against any demands, damages or liabilities including reasonable attorney's fees) arising from a third party claim that the indemnifying Party caused bodily injury (including death) or damaged real or tangible personal property.
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OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
- EDUBUS Irvine and Pacific Sequoia Inc. own all Training Materials. All intellectual property rights in all Training Materials available, including the design, graphics, and text of all printed materials and the audio of all webinars and podcasts, are owned by EDUBUS Irvine and Pacific Sequoia Inc. When you are given access to the Training Material, you are granted a non-exclusive, non-transferable, revocable licence to use the Training Material. No Training Material may be copied, reproduced, uploaded, posted, displayed or linked to in any way,in whole or in part, without EDUBUS Irvine and Pacific Sequoia Inc. 's prior permission. Any such use is strictly prohibited and will constitute an infringement of EDUBUS Irvine and Pacific Sequoia Inc. 's intellectual property rights.
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CANCELLATION AND TRANSFER
- 8.1. Cancellation by customer.
- 8.1.1 Face to Face. If you notify EDUBUS Irvine and Pacific Sequoia Inc. in writing (by email or post) that you wish to cancel a face-to-face training course not less than 48 hours before the start date of a course. Refunds will be processed within seven days of receiving your request via bank transfer to the original payer. Substitutions should be notified to EDUBUS at least 48 hours before the course start date. If you fail to attend the course you are booked without giving prior notice to EDUBUS, we cannot refund the course fees or offer a transfer.
- 8.1.2 E-Learning. The fee is non-refundable once you have booked an e-learning course or package. There is no charge for transferring your booking to the same course on an alternative date provided you notify EDUBUS in writing not less than ten days before the start of the training and if there is availability. However, a transfer fee of 10% of the course fee (plus VAT) will be payable if the notice is received less than ten (10) days before the start of the original course. If you transfer your booking, you will not receive any refund, and you will not be entitled to transfer more than once.
- 8.2. Cancellation by EDUBUS Irvine and Pacific Sequoia Inc. . we reserve the right to cancel any training course due to insufficient enrollment by providing notice to you before the scheduled commencement date. In the event of cancellation by EDUBUS Irvine and Pacific Sequoia Inc. , you may elect to receive a full refund of registration fees paid or credit toward alternative class(es). Nevertheless, EDUBUS Irvine and Pacific Sequoia Inc. will not be responsible for non-refundable tickets purchased or reservations you make.
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CONFIDENTIALITY
Unless otherwise outlined in these Terms & Conditions, each party may disclose certain confidential information under these Terms & Conditions to the other party. Each party agrees that all code, inventions, know-how, business, technical and financial information or any information specifically designated as confidential or that could be understood to be confidential or proprietary by a reasonable person disclosed to such party (“Receiving Party”) by the disclosing party (“Disclosing Party”) constitute the confidential property of the Disclosing Party (“Confidential Information”) Any EDUBUS Irvine and Pacific Sequoia Inc. technology, any commercial terms (including pricing) of these Terms &Conditions and any performance information relating to the products shall be deemed Confidential Information of EDUBUS Irvine and Pacific Sequoia Inc. without any marking or further designation. Except as expressly authorized herein, the Receiving Party will use (and will ensure that its employees, Affiliates, agents, contractors, and any approved third parties use) reasonable efforts (which shall be no less than the efforts used to protect its confidential information of a similar nature) to prevent the disclosure of any Disclosing Party's Confidential Information for any purpose other than providing the training contemplated by these Terms & Conditions unless authorized by the Disclosing Party. The Receiving Party's nondisclosure obligation shall not apply to information which the Receiving Party can document: (i) was rightfully in its possession or known to it before receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by employees of the Receiving Party who had no access to such information. The Receiving Party may also disclose Confidential Information if required according to a regulation, law, or court order (but only to the minimum extent necessary to comply with such regulation or order and with advance notice to the Disclosing Party).