LearnMaker Terms & Conditions
These are the terms and conditions governing the provision of training services by LearnMaker ltd or its sub-contractors with the exclusion of any other oral or written statement or agreement whatever its legal character. 'Client or Customer' means a company or individual that completes a course booking form or enters into a contractual arrangement. 'Delegate’ means the party or parties named as attendees on the course booking form. 'Invoice' means an invoice for the charges delivered by LearnMaker ltd to the customer. ‘Course’ means the training session both offsite and onsite.
These Terms and Conditions shall apply to all training carried out in the provision of services by LearnMaker ltd to the Customer in accordance with any order confirmation authorised by the Customer. No additions to, or modifications of, these Terms and Conditions shall have effect unless expressly agreed in writing by both parties and expressed to be amendments to these Terms and Conditions. LearnMaker ltd employees or agents are not authorised to make any representations whatsoever concerning the provision of services unless confirmed by LearnMaker ltd in writing. The Customer acknowledges that it does not rely on, and waives any breach of, any such representations that are not so confirmed.
3. Acceptance of Order
a. Bookings can be accepted at any time up to the course start date, subject to availability.
b. An official confirmation must be received from the Customer in order to reserve a place/date. Prior to your confirmation, your place is only held provisionally.
c. Confirmed bookings can be made by letter, fax or email (provisional bookings can be made by telephone, email or via our on-line service). Bookings will only be confirmed on receipt of written authorisation.
e. LearnMaker ltd reserves the right to produce and distribute any written and multimedia content from work undertaken whether working direct or subcontracted.
4. Substitutions, Rescheduling and Cancellations
a. Bookings rescheduled by the customer within zero to seven days of the commencement date of the course will incur a 10% transfer fee.
b. Event tickets are non refundable, however the attending delegate is transferrable to another individual from the institution if the original delegate is unable to attend.
c. Cancellations within zero to forty eight hours of sessions commencement will incur a 100% cancellation fee.
d. In all circumstances LearnMaker ltd require written notification of any cancellations.
e. LearnMaker ltd undertakes to provide the training course on the date specified except when external circumstances prevent this. In these circumstances LearnMaker ltd will endeavour to rerun the course on a mutually agreeable basis.
f. LearnMaker ltd reserves the right to cancel a course, though we make every effort to ensure this does not occur. In the event of a course being cancelled by LearnMaker ltd, alternative dates will be proposed or a full refund of monies paid will be made to the customer.
g. LearnMaker ltd takes no responsibility for loss of profit and/or for any incidental, consequential special or indirect losses as a consequence of exceptional cancellations.
LearnMaker ltd reserves the right to assign or sub contract its training courses to other appointed and approved personnel.
6. Pricing and Payment terms
a. All course fees are fixed and published by LearnMaker ltd, however, LearnMaker ltd reserves the right to review and change prices.
b. Payment of the course fee, together with the VAT, should be received by LearnMaker ltd no later than 30 days following the course delivery date.
c. Delegates wishing to attend LearnMaker events must make payment to LearnMaker ltd no later than 7 days prior to the event’s start date.
d. No training services will be provided unless payment conditions have been satisfied.
e. All prices quoted are exclusive of VAT, which will be charged at the prevailing rate as notified by Customs and Excise.
f. The client agrees to pay for any loss or extra cost incurred by LearnMaker ltd through the client’s instructions or through failure in taking delivery on the part of the client, its servants or employees.
7. Course content
LearnMaker course listing is provided for information purposes only and does not constitute an offer for a particular course or programme. LearnMaker ltd constantly strives to improve the content of its courses and therefore reserves the right to modify the specification of a course without notice to the Customer. A course title, duration, cost, content and location are liable to change at any time.
8. Delegate Suitability
a. It is the Customer’s responsibility to ensure that the course is suitable for their requirements. All delegates should have read and understood the course outline and met the necessary prerequisites.
b. All delegates will be required to abide by any site rules and regulations operating at courses running at offsite locations.
9. Force Majeure
LearnMaker ltd shall be entitled to delay or cancel delivery or to reduce the amount delivered if it is prevented from, hindered in or delayed in the provision of services through any circumstances beyond its reasonable control including but not limited to strikes, lock outs, accidents, war, fire, acts of God, reduction in or unavailability of power, break down of plant or machinery or shortage or unavailability of raw materials from normal sources of supply.
10. Limitation of Liability and Indemnities
a. Except as may otherwise be expressly provided in these Terms and Conditions, all warranties, conditions, terms, undertakings and representations of any kind whatsoever, express or implied, whether by statute, common law or otherwise, are hereby excluded by LearnMaker ltd to the fullest extent permitted by law and LearnMaker ltd shall have no other obligation, duty or liability whatsoever in contract, tort, statute or otherwise to the Customer.
b. LearnMaker ltd represents and warrants that the services provided will be performed in a professional and skilful manner consistent with the professional standards and the general customs and practices of the industry.
c. LearnMaker ltd’ maximum aggregate liability for any and all losses, claims, demands, damages, costs and/or expenses of any kind whatsoever arising out of or in connection with any order confirmation and/or these Terms and Conditions (whether in contract, tort, by statute or otherwise) shall not, in total, exceed the amount actually paid by the Customer to LearnMaker ltd for the services which are the subject of the order confirmation in question.
d. Without prejudice to the generality of the foregoing, LearnMaker ltd shall not be liable to the Customer (whether in contract, tort, by statute or otherwise) for loss of profits and/or for any incidental, consequential, special or indirect loss or damage arising out of or in connection with any order confirmation and/or these Terms and Conditions, including but not limited to: (i) loss of use; (ii) loss of goodwill; (iii) loss and/or corruption of data; (iv) loss of information; (v) loss of business; (vi) loss of goods; (vii) loss of anticipated savings; (viii) loss of revenue; (ix) downtime; (x) any damage relating to the procurement by the Customer of any substitute services.
e. For the avoidance of doubt, neither the types of loss and/or damage specified in sub-clauses 10 (i) through (x) inclusive above nor any similar types of loss and/or damage shall constitute direct loss for the purposes of these Terms and Conditions and/or any order confirmation.
f. For the avoidance of doubt, nothing in these Terms and Conditions and/or any order confirmation shall restrict and/or exclude in any way LearnMaker ltd’ liability for (i) death or personal injury resulting from the negligence of LearnMaker ltd, its officers and/or employees; and/or (ii) fraudulent misrepresentation. The Customer is liable for any loss, damage or injury to LearnMaker ltd staff or their property which may arise whilst working at the Customer location and is due to negligence or breach of statutory duty by the Customer.
g. LearnMaker ltd accepts no liability for the failure of any third party hardware, software and/or systems which may be the subject of any LearnMaker ltd services: this includes failure to meet its operating specification.
h. No part of the training material may be reproduced, stored in a retrieval system, or transmitted in any form, or by any means, electronic, mechanical, photocopying, or otherwise, without prior permission in writing of LearnMaker ltd or the copyright owner.
i. All Intellectual Property Rights for any product or service remain the property of LearnMaker ltd unless otherwise stated or agreed. Disclaimer : The information contained in all LearnMaker Training coursework & literature is distributed on an “As Is” basis, without warranty. While every precaution has been taken in the preparation of the training courses and associated literature, neither the author nor LearnMaker ltd shall have any liability to any person or entity with respect to any loss or damage caused or alleged to be caused directly or indirectly by the instructions contained in the coursework or by the computer software and hardware products described in it. The LearnMaker logo, "LearnMaker ltd" and " www.LearnMaker.co.uk" are trademarks of LearnMaker ltd. E&OE