Terms & Conditions

These are the terms on which you can obtain the professional training courses from Absolutely Training Limited.

1. Definitions and construction
1.1 In these Terms the following expressions shall apply (save where the context otherwise requires):
1.1.1 “AT” means Absolutely Training Limited of 13-21, Curtain Road, London, EC2A 3LT;
1.1.2 “the Commencement Date” means the date AT first offers the Subscriber the Service;
1.1.3 “the Contents” means any information, data, text, graphics, links or computer code published on or contained within the Web Site;
1.1.4 “the Courses” means the professional qualification and continuing professional development courses as detailed in AT's then current brochure or as appearing on the Web Site;
1.1.5 "Intellectual Property Rights" means copyrights, patents, registered and unregistered design rights, topography rights, topology rights, trademarks and service marks and applications for any of the foregoing, together with all trade secrets, know-how, rights to confidence and other intellectual and industrial property rights in all parts of the world;
1.1.6 “Order Confirmation” means the written confirmation by AT of the order placed by the Subscriber (whether verbally or on the Web Site or otherwise) containing the User Password;
1.1.7 “Service” means the provision of Courses required by the Subscriber and agreed to be provided by AT hereunder;
1.1.8 “the Subscriber” means the person, organisation, firm or company who or which subscribes to the services of AT;
1.1.9 “the Subscription Period” means the period the Services are supplied by AT from the Commencement Date until AT ceases to provide the Service to the Subscriber;
1.1.10 “Terms” means the contract between AT and the Subscriber incorporating these Terms and Conditions irrespective of the country of issue;
1.1.11 “User” means the person, individual, firm or company which enters the Web Site;
1.1.12 “the User Guide” means the help page to be found at the Web Site;
1.1.13 “the User Password” means the password issued by AT in accordance with clause 5.2;
1.1.14 “the Web Site” means www.absolutelytraining.com;

2. Parties
2.1 Subscribers and Users may print and keep a copy of these Terms. For Subscribers and Users convenience a current version of these Terms is available in the User Guide on the Web Site. AT may revise the Terms at any time and without notice at its sole discretion. Any change will be deemed to take effect four hours after Web Site posting and will be deemed to be accepted by Subscribers and Users who continue to access the Web Site.

3. Service
3.1 AT shall supply the Subscriber with the Service for the number of Users as set out in the Order Confirmation for the Subscription Period from the Commencement Date.
3.2 AT will use its reasonable endeavours to maintain the Service. The Subscriber or User will not be eligible for any compensation because they cannot use the Service or because of the failure suspension or withdrawal of all or part of the Service. AT may change suspend or cancel the Service at its sole discretion at any time.

4. Subscribers
4.1 Subscribers shall not assign, or sublicense or otherwise transfer or dispose of their rights or obligations hereunder, without the prior written permission from AT.
4.2 Subscribers will keep their User Passwords and identity name secure and will not disclose them to third parties for any purpose and will procure that the Users under their control shall do likewise. Subscribers will notify AT forthwith if they believe their User Password may have become compromised and shall cease to use the same. AT shall have the right to withdraw a User Password at any time and from time to time and to issue a new code in its place save where such withdrawal occurs pursuant to a termination of provision of the Service to the Subscriber.
4.3 Subscribers are fully responsible for the details provided to AT by them and by their Users including its truthfulness and accuracy and non-infringement of any other person's legal or proprietary rights. Subscribers must insert and update the details of its e-mail and physical addresses on the appropriate page of the Web Site;
4.4 The Subscriber will not allow the Service to be used for storing sending or receiving any material which is obscene menacing threatening offensive abusive indecent defamatory fraudulent criminal or which infringes the rights of other parties and will indemnify and keep indemnified AT in respect of any liability arising out of any material provided by the Subscriber to AT.
4.5 It is the Subscriber's responsibility to retain copies of their own data or of any information required in hard copy form in respect of Courses. AT accepts no responsibility for the loss of any data in any form which may result from inclusion on the Web Site or from the use of the Service.
4.6 AT shall be entitled to disclose the name of the Subscriber in any promotional material.
4.7 Except in accordance with the law the Subscriber shall not itself nor allow any third party to duplicate or otherwise reproduce in whole or in part the Content.

5. Payment
5.1 Subscription for the Service shall be on an annual basis unless specifically agreed otherwise in writing between AT and the Subscriber.
5.2 A Subscriber who is an individual will pay AT annually in advance and the first Subscription payment shall be made on or prior to the Commencement Date by way of credit card payment. The User Password will be cancelled by AT if the credit card payment is not successful for any reason.
5.3 A Subscriber who is a firm or corporation will be invoiced by AT following the issue of an Order Confirmation to them.
5.4 All fees are expressed exclusive of VAT sales or other taxes which will be in addition to the fee at the prevailing rate at the time
5.5 All invoices issued by AT are payable within 14 days of the date of issue. Invoices not paid within 14 days of the invoice date shall be subject to interest at 5% per annum above the UK base rate for Barclays Bank PLC prevailing from time to time.
5.6 AT reserves the right to suspend or close the use of the Service by the Subscriber in the event of non payment without prior written notice to the Subscriber. In the event of non payment the Subscriber will be responsible for all costs incurred by AT including without limitation any legal fees incurred.
5.7 For the purposes of these Terms time for payment is of the essence.

6. Ownership
6.1 All the Contents and images on the Web Site are the copyright of AT and all Intellectual Property Rights in or to the same will at all times remain the property of AT. All rights are reserved. No portion of the Web Site may be reproduced in any form or by any means without the prior written permission from AT.
6.2 The Subscriber acknowledges that it obtains no Intellectual Property Rights whatsoever in the Content or any associated documentation.
6.3 The AT name and logo and all related product and service names, design marks and slogans are the trade names, service marks, or trademarks of AT, and may not be used without the prior written consent of AT.
6.4 While every effort is made to ensure that information on the Web Site is accurate AT assumes no responsibility for errors or omissions.
6.5 All product names mentioned are acknowledged as the trade marks or registered trade marks of their respective owners. All trade marks are acknowledged. The ownership of information, data, trademarks, corporate logos and graphics remain the property of their owners, which are supplied to AT for restricted use on the Web Site and associated publications.
6.6 Nothing in this agreement is intended to or will create any form of partnership or joint venture, agency, franchise, sales representation or employment relationship between AT and/or the Subscriber and/or the User
6.7 No rights to, or property in the Web Site shall pass to the Subscriber or User

7. User
7.1 Subject to Clause 7.2 hereof the User shall not copy, duplicate, translate into any language or in any way reproduce the Web Site or any part thereof or any of its Contents or knowingly permit the same without written permission of AT and the respective copyright owner. Each User assumes full responsibility for all risks arising from use of the Web Site.
7.2 The User shall be permitted to reproduce a reasonable number of copies of the Contents, (but not the computer code or any part thereof copy of which is strictly forbidden) for purposes of the User's own research or private study.
7.3 All and any copies of extracts from the Contents shall be clearly and conspicuously marked with AT copyright notice as follows: "© Absolutely Training Ltd (http://www.absolutelytraining.com)".
7.4 Subscriber’s shall ensure that all Users' employees and representatives are made aware of the above conditions and comply with them.
7.5 Contents published on the Web Site are for information purposes only and it is the responsibility of the User to identify and confirm the accuracy and suitability of the Contents and Subscribers for whatever purpose the User requires or wishes to use the Contents.
7.6 Each User will indemnify AT, its servants and agents, and hold AT, its servants and agents, harmless against all claims, liability, losses, damages and expenses, including, without limitation, legal fees and costs arising out of or incurred as the result of any claims made, or litigation brought, against AT, its servants and agents, as a result of the use by User of the Web Site the Contents or part thereof for whatever purpose

8. Warranties and Liabilities
8.1 AT warrants that it will use all reasonable care and skill in carrying out obligations under these Terms. All other conditions warranties and obligations implied by statute common law or otherwise and any liabilities arising therefrom are excluded to the extent permissible by law
8.2 The Content has not been written to meet the individual requirements of the Subscriber and is supplied on ‘as is’ basis. No failure of any part or the whole of the Content to be suitable for the Subscriber’s requirements shall give rise to any right or claim against AT.
8.3 AT accepts no liability for the completeness or accuracy of any Contents or for placing the same on the Web Site. AT makes no warranties representations or conditions with regard to any of the Contents whether expressed or implied arising by law or otherwise and there is no implied warranty of merchantability or fitness for a particular purpose.
8.4 The Subscriber accepts that AT is in no way liable for any inaccuracies or misleading statements or representations made in any Contents supplied to AT by third parties.
8.5 Whilst AT makes all reasonable attempts to exclude viruses from the Web Site, it cannot ensure such exclusion and no liability is accepted for viruses. Thus, the Subscriber is recommended to virus check and to insure itself against the risk of virus contamination.
8.6 AT does not limit its liability to the Subscriber or the User for death or personal injury caused by any of AT's acts or omissions or those of its employees or agents acting in the course of their employment
8.7 Under no circumstances shall AT or any of its officers, directors, employees, subsidiaries, agents, parents, or affiliates be held liable for any indirect, incidental, special or consequential damages, even if AT has been advised of the possibility of damages, (including, without limitation, damages for losses whether of a personal, public, institutional or corporate nature, loss of any revenues or profits) arising in contract, tort or otherwise from the use of or inability to use the Web Site, or any of the Contents, or from any action or decision taken as a result of using the Web Site or the Contents.
8.8 No matter how many claims are made and whatever the basis of such claims, AT’s maximum aggregate liability to the Subscriber or to Users under or in connection with these Terms or any other agreement between the parties, in respect of any direct loss (or any other loss to the extent that such loss is not excluded by the above sub-clauses of this clause 8 or otherwise) whether such claim arises in contract or in tort shall not exceed a sum equal to five times the subscription fee.
8.9 All provisions of this Clause limiting or excluding liability operate separately and shall survive independently of the other provisions

9. Termination
9.1 If the Subscriber shall be in breach of any of these Terms or shall, in the case of a company, have had a petition for winding up presented against it or a petition for an administration order presented in respect of it or shall have appointed a liquidator or shall have had a receiver appointed over all or any part of its property undertaking or assets or shall, in the case of an individual, have had a bankruptcy petition or order made or presented against him or her or, in either case, if the Subscriber shall have sought to enter into an arrangement with its creditors than and in any such case AT may
9.1.1 Terminate the agreement with the Subscriber and forthwith cease to provide the Services;
9.1.2 Cancel use of the User’s Password.
9.1.3 Decline, withdraw or terminate access to the Web Site.
9.2 The service will terminate at the end of the Subscription Period unless the subscriber advises AT in writing that the Service should be renewed.
9.3 In the event that this agreement is terminated by AT pursuant to clause 9 or otherwise the Subscriber:
9.3.1 Will remain liable to pay AT all sums accrued due on or prior to the date of termination
9.3.2 Will continue to respect and uphold all confidentiality and copyright obligations; and
9.3.3 Will if requested by AT, return all materials belonging to AT and return or destroy all copies of the Content and will specifically certify that they have done so.

10. Force Majeure
10.1 No party shall be held to be in breach of its obligations hereunder (except in relation to the obligation to make payments) nor liable to the other for any loss or damage which may be suffered by another party due to any cause beyond its reasonable control including without limitation any act of God, failure, flood, lightning, fire, strike, lock out, trade dispute act or omission of government regulatory authorities other total communications operators or other competent authority

11. Notices
11.1 Any notice required to be given hereunder shall be sent by first class post or fax or electronic mail and shall be deemed to be given two days after posting if sent by post to the other party's address as notified by the party, at the time the fax is sent if sent by fax before 4.00 pm in the afternoon otherwise 9.00 am the next working day and at the time the e-mail is received at either party's e-mail address if sent by electronic mail.
11.2 Notices and communication to AT should be sent for the attention of:

Paul Fegan
Absolutely Training Limited
13-21 Curtain Road
London
EC2A 3LT
0845 130 5138
e-mail: info@absolutelytraining.com

11.3 Notices and communication to the Subscriber should be sent for the attention of the contact name provided by the Subscriber (or, if none, then the Managing Director, senior partner or individual Subscriber) at the address fax or electronic mail supplied by Subscriber in Web Site registration form, or as subsequently notified in writing by the Subscriber to AT for such purposes.

12. General
12.1 Any failure by any party to exercise or enforce any of its rights hereunder this shall not be deemed to be a waiver of any such rights or operate so as to bar the subsequent exercise or enforcement of any such right.
12.2 These Terms and any other expressly incorporated document represents the entire understanding between the parties in relation to its subject matter and supersedes all other agreements or representations made by the parties whether oral or written.
12.3 AT reserves the right to sub-contract any of the work required to fulfil its obligations hereunder.
12.4 If any provision of this Agreement is held to be invalid or unenforceable the validity or enforceability of the remaining provisions shall not be affected thereby

13. Law
These Terms shall be governed by and construed in accordance with the Laws of England and the parties hereto submit to the exclusive jurisdiction of the English Courts.

Copyright © 2006 Absolutely Training Ltd, all rights reserved. No part of this publication may be redistributed in any form without prior permission.