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Terms and Conditions (Website Users)

The website XYZ.co.uk (‘XYZ’) is intended for use by those who are seeking training services and those providing relevant training courses and services primarily in the United Kingdom. XYZ.co.uk is owned and operated by the XYZ Training Group Ltd (’Us’), 25 The Oakwood Centre, Downley Road, Havant, Hants. PO9 2NP. A UK Limited company, registered in England no. 07063839.

The terms and conditions set out below constitute the legally binding terms upon which XYZ will permit access to, and use of, the information published on this Website

1 Terms

1.1 A ‘user’ means a person or organisation that is searching for training courses and related services.

1.2 A ‘provider’, ‘providers’, “partner” or “alliance partner” is a person or 3rd party organisation that offers to provide and/or sell training courses, related qualifications, certifications and services.

1.3 A ‘customer’ is a person or organisation that uses the facilities provided by XYZ either as a user, provider, partner or alliance partner.

1.4 ‘Website’ means XYZ.co.uk and other websites operated by Us

1.5 ‘We’ means XYZ Training Group Ltd, its websites and wholly owned subsidiary companies

1.5 Application to access the backend, private sections and company specific pages of the Website may only be made on the terms set out in this Agreement. Customers will not be entitled to use such services until XYZ have verified the bonafidity of each Customer Agent and Email account and until we have received acceptance of this Agreement and receipt by the Customer of a personal username and password.

2. Commencement

2.1 This Agreement comes into force as soon as it is accepted by the Customer. By having read these terms constitute the Provider as having accepted these terms and conditions.

3. Communications

3.1 Communications with XYZ pursuant to this Agreement may be made by telephone 0844 335 8882, by email, by using our contact us page or in writing to the address specified above.

3.2 XYZ will assume that any instructions received which have been authenticated by Providers’ usernames and passwords are genuine, valid instructions from Providers to us and we will act accordingly.

3.3 Usernames and passwords must not be disclosed, nor be allowed to be disclosed, to third parties. Providers are strongly advised to change their passwords from time to time. Providers must contact XYZ immediately if they suspect that their username or password has been disclosed to, or obtained by, a third party and that its integrity is threatened.

3.4 Until such notification is received by XYZ, we will assume that any instructions received in electronic form or over the telephone, which have been authenticated by Providers’ usernames and passwords, are genuine and valid instructions from Providers to us.

3.5 XYZ shall communicate with Providers, at the address last notified to us by any of the above means unless we are required to communicate in writing either under this Agreement.

4. Commissions and Charges

4.1 Any person or organisation providing appropriate training courses and related services may list as many courses or services as they wish by using the sign-up form and entering their details.

4.2 Currently, the use of this site as a customer is free of charge. XYZ however reserve to right to introduce charges relating to the activities of this site at any time.

4.3 Details of all future charges payable to XYZ in connection with the hosting and provision of information and services are available from the Website. XYZ reserves the right to vary the charging structure for the use of the database, without prior notice.

4.4 Please note that UK Construction Training Ltd or XYZ Business Training (wholly owned subsidiaries) will invoice on behalf of XYZ and payments should be made payable to the applicable company, at the above address.

5. Provision of Services – Providers

5.1 Providers may apply to join any of our partner programs

5.2 All providers agree to pay the applicable commission / fee to XYZ for any services sold through this website, should it apply and in accordance with clause 18.5.

5.3 Providers agree that for courses and services bought and sold from other providers via this website are done so on the understanding that the legal relationship, responsibility and contractual obligation is between the providers directly and XYZ and/or XYZ won’t be held liable for any loss or damage caused as a result of this relationship or involvement there-in. Clause 10 applies in all circumstances.

5.4 Partners agree to sell training / delegate places to other providers (including XYZ) on this website at a wholesale rate, currently no higher than 80% of the regular price.

5.5 Providers agree that all courses entered into this Website will be advertised, displayed and sold via electronic or other means by this Website, Affiliate platforms, Partners, Providers, other websites owned and operated by XYZ and other 3rd Party Websites and Publications as decided upon by XYZ from time to time.

6. Website Usage, Terms and Applicable Fees

 

6.1 Users do not pay to search for courses and services on XYZ.

6.2 XYZ “Terms of trade for the supply of training services” apply for users purchasing training through this website. A copy of which can be found here

6.3 XYZ “Terms of trade for the engagement of training providers” apply for users advertising training services through this website. A copy of which can be found here

7. Intellectual Property, Copyright and User Registration

7.1 Access to each Provider login area of the Website is restricted to individual Providers and their agents (as chosen from time to time by the main administrator on the Provider account) and may not be shared with others.

7.2 Whilst information extracted from the files on the Website may be used personally, any copying or distribution of such files in whole or in part is prohibited. XYZ reserves the right to monitor all accounts to determine the number of files being accessed and the locations from which access is affected.

7.3 Each administrator connected to a Provider account will have their IP address recorded and printed on any change made to any file on this Website. The statistical information compiled and published by XYZ is the property of XYZ and/or its licensors and may not be used except as authorised by or pursuant to this Agreement.

7.4 XYZ reserves the right to restrict some or all of the pages and features on this website to Providers, their Administrators, IP addresses and locations should XYZ deem it necessary.

7.5 You agree that our website and all Content contained in it are protected by Intellectual Property Rights that either belong to or are licensed to us.

7.6 You acquire no proprietary interest in our website or Content provided by us or others and may not use them in any way except as expressly permitted by these terms.

7.7 You may view, print, download or temporarily store such Content for your personal, non-commercial reference without alteration, addition or deletion. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer such Content. You acknowledge that you will not acquire any Intellectual Property Rights by downloading or otherwise using any such Content.

7.8 By submitting Content to our website:

(a) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and communicate to the public such Content; and

(b) you authorise us to adapt such Content and you agree to waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.

7.9 Unless stated otherwise, XYZ is not connected with any trade body, trademark or accredited training body and all training courses on our Website are courses and offerings from 3rd party training Providers. Every attempt possible is made to ensure that all courses offered by Providers are licensed and authorised by the relevant governing or training body, trademark holder or accredited training organisation.

8. Data maintenance

8.1 Any person or organisation providing information to be listed by this Website agrees to take full responsibility for its accuracy and relevance at the time of submission. Each Provider undertakes not to provide inaccurate or misleading information and in particular each warrants that courses and services are currently available and that they conform to the description given.

8.2 XYZ may from time to time investigate the level of maintenance activity being performed on the information and, if in the opinion of XYZ, the information is out of date, inaccurate, materially incomplete or relates to inactive providers, the information and provider details may be deleted after best efforts have been made to contact the initial provider of the information.

8.3 Providers agree to not change or edit any basic details of a course operated by themselves where another Provider (Including XYZ) has reserved delegates.

8.4 Any person, organisation or active Provider agrees not create more than one account, login or Company information except where additional agents are required to administer a single account.

9. Cookies

9.1 A “cookie” is a small file containing information that is sent to your computer as you use a Website. We use cookies for two purposes: “session cookies” (which are removed when you restart your browser) to maintain the state of your session when you login to our Website. You will not be able to login unless session cookies are enabled. “permanent cookies” to track user preferences; for example your account name, or status within our Website. We also generate track usage and performance information using these cookies. The Website will work if permanent cookies are disabled but certain features may not function properly.

10. Default

10.1 If the Customer makes a default in or commits a breach of these Terms of Business and in particular fails to pay charges for services as they fall due to XYZ or any other Provider for services initiated on this Website or any other event occurs which in the opinion of XYZ may jeopardise its position or that of the XYZ Training Group we may, without referring to the Customer, take such action in relation to any service as we, in our absolute discretion, consider necessary, desirable or expedient to comply with or to perform, cancel or satisfy any service or transaction or to protect such positions.

11. Liability for Loss

11.1 Much of the information contained on this Website is managed and updated by the training providers themselves and XYZ expressly makes no warranty for the accuracy or relevance of the information contained herein.

11.2 XYZ shall not be liable for any direct or indirect, incidental or consequential loss or damage (including loss of profits, revenue or goodwill) arising from the use, inability to use, interruption or non-availability of the Website or any part of the research materials published on the Website or otherwise any loss of data on transmission, howsoever caused.

11.3 Whilst the material published on the Website is believed to be reliable and accurate, it is not independently verified. Accordingly, no representation or warranty is made or given by XYZ, its officers, agents or employees as to the accuracy or completeness of the same and no such person shall have liability for any inaccuracy in, or omission from, such materials, save, however, that there shall not be excluded any liability for direct loss, costs or expenses caused by the willful default, negligence or fraud of XYZ or its employees.

11.4 The installation and maintenance of all computer hardware, software and communications devices needed by the Customer to access the restricted access pages of the Website are solely the Customer’s responsibility.

12. Joint and Several Liability

12.1 Should any Customer be a legal “partnership” as depicted by UK Law, or is otherwise comprised of several persons, the liability and obligations of each such person under this Agreement shall be joint and several.

12.2 Any default due to non-payment of fees or commissions shall be deemed to have occurred in respect of all of such persons and XYZ may exercise its rights set out in clause 14 without being required to give notice of such an event to any of the persons.

13. Privacy policy

13.1 We understand that the privacy and security of your personal and account information are important to you. XYZ adheres to confidentiality standards that are designed to protect your personal information.

13.2 Unless specifically noted and required (such as in the booking and reserving of training courses) Customers are not required to provide us with any personal information, and we do not monitor or collect any personally identifiable information from you.

13.3 Providers who use the password-protected areas of this Website, will be asked to provide us with information about yourself and your Company. This information will only be used solely by this Website and wholly owned businesses of XYZ. We will not disclose this information to any 3rd party..

13.4 We emphasize to our employees the confidential nature of this information and the high level of importance we place on maintaining this confidentiality. All information that is supplied is covered by the United Kingdom’s Data Protection Act 1998.

13.5 This Website contains advertisements and links to other Websites not operated by XYZ. XYZ is not responsible for the content, or the privacy practices, of these Websites except those owned and operated by XYZ Ltd.

13.6 Whilst we have endeavoured to create a secure and reliable Website for our customers, the confidentiality of any communication or material transmitted via our Website or by e-mail cannot be guaranteed. When disclosing personal information, users should be aware that it is potentially accessible by others, and may be collected and used by others without the user’s consent. XYZ accepts no responsibility for the security of personal information transmitted via the internet.

 

14. Disclosure of Information

14.1 XYZ will at all times endeavour to protect its Customers’ confidentiality. We may however be obliged to disclose information concerning a Customer, its business or any transactions which have been obtained in the course of the Customer’s business relationship with XYZ, when required or requested to do so under any relevant law or by any governmental authority. The Customer irrevocably authorises XYZ to make the disclosure of such information accordingly and without reference to the Customer. The Customer also hereby authorises the disclosure of such information to other Companies owned and operated by XYZ.

15. Amendment, Variation and Assignment

15.1 XYZ maintains the categories and structure of the database and reserves the right to modify, rearrange and otherwise alter these without notice. The provision of any course, provider or other information by XYZ is at the absolute discretion of XYZ, and listings may be withdrawn at any time, without notification or explanation.

15.2 Information which, in the opinion of XYZ, is inappropriate, out of date or incorrectly categorised may be changed or deleted without warning.

15.3 XYZ reserves its right to vary any of the terms of this Agreement either by written notice to Customers or by notice published on the Website describing the relevant changes. The variation shall take effect upon receipt by Customers of notice in writing or in the case of notification through the Website, on the first occasion thereafter upon which any attempt is made by a Customer to access the research on the restricted access pages of the Website.

15.4 XYZ may assign all or any of its rights and obligations under this Agreement to another appropriate member of the XYZ or XYZ or any of their successors.

15.5 This Agreement is personal to each Customer, and Customers’ rights and obligations under this Agreement and any transactions entered into pursuant hereto, are not capable of assignment to a third party.

16. Authority & Consent

16.1 All Customers and their agents, if a natural person, warrants and represent to XYZ that he/she is over the age of eighteen years. If a body corporate, partnership or unincorporated body it warrants that it is by its memorandum and articles of association, deed of partnership, trust deed or other constitutional document, as the case may be, empowered (and has taken all necessary steps and obtained all licenses, permissions, consents and approvals) to enter into this Agreement with XYZ.

17. Termination

17.1 This Agreement between the Customer and XYZ may be terminated at any time with one day’s notice, by one party giving written notice to the other in accordance with the terms of this Agreement. Such notice shall be subject to any outstanding commissions or fees accruing to XYZ (including any additional expenses incurred in connection with such termination) being paid. XYZ will be entitled to terminate this Agreement if at any time a Customer fails to make payment of any fees due and payable to them. XYZ may terminate this Agreement without notice and with immediate effect on the terms referred to in the event that the Customer shall at any time do anything to jeopardise the proper and efficient running of the Website or make or permit any unauthorised access to such Website. Termination of this Agreement will not affect any outstanding order or transaction or any legal rights or obligations which may have already arisen and this Agreement shall continue to apply in respect thereto. Termination shall be without effect in relation to any warranties and representations made by the Customer under this Agreement and clauses 10, 12 and 13 in particular shall survive any such termination and remaining full force and effect.

18. Further provisions

18.1 Entire Agreement

This Agreement and the Disclaimer document embody and set forth the entire Agreement and understanding between XYZ and the Customer with respect to the services to be provided herein. This Agreement supersedes all prior oral and written agreements, terms, understandings or arrangements relating to its subject matter.

18.2 Illegality

If at any time any of the provisions set out in this Agreement (in whole or in part) is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction neither the legality, validity or enforceability of the remainder of such clause or the remaining clauses of this Agreement nor the legality, validity or enforceability of such clause shall be affected.

18.3 Rights and Remedies

No failure or delay by XYZ to exercise, in whole or in part, any rights under this Agreement or under any transaction shall constitute or be deemed to constitute a waiver of those rights upon that or any subsequent occasion. The rights and remedies herein are cumulative and not exclusive of any rights or remedies provided by law. No failure to exercise or delay in exercising the same shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof. The Customer’s rights and obligations under these Terms of Business and any transactions entered into pursuant hereto are not capable of assignment.

18.4 Binding

This Agreement is binding upon the Customer and its successors in title.

18.5 Time of Essence

Time shall be of the essence in relation to the payment of fees pursuant to this Agreement. Any outstanding payment more than 30 days from date of invoice may result in access to this Website being withdrawn.

18.6 Force Majeure

XYZ shall not be in breach of any of the provisions of this Agreement or held liable or responsible for total or partial failure of performance of its duties and obligations occasioned by any event or circumstance whatsoever not reasonably within its control, including, without limitation, acts of God, fire, acts of government or state, any acts or regulations of any governmental or supranational bodies or authorities, strike, lock-out or other form of industrial action, war, civil commotion, insurrection, embargo, failure of any computer system, prevention from or hindrance in obtaining any raw materials, energy or other supplies, labour disputes of whatever nature or any other reason (whether or not similar in kind to any of the above), or acts of terrorism. XYZ shall have no liability or responsibility for any loss or damage incurred or suffered by the Customer in the event of any breakdown, failure or malfunction of any telecommunications or computer services or systems.

18.7 Principal

The Customer represents and warrants that it is acting as principal and not as agent or attorney for any other person. XYZ shall not be bound to act in accordance with the instructions of any person other than the Customer (but shall be entitled to act in accordance with all instructions given by the Customer or purporting to be given by the Customer) and its liabilities hereunder shall be fully discharged by it performing such in the Customer’s favour.

19. Governing Law

19.1 These Terms of Business shall be governed by and construed in accordance with the laws of England and Wales. In relation to any dispute, the Customer irrevocably agrees to submit to the non-exclusive jurisdiction of the English courts.

20. Miscellaneous

20.1 References to a “person” include a reference to any natural person, firm, company, corporation, government, state or agency of a state or any association or partnership (whether or not having separate legal personality) or any one or more of the foregoing. “Business Day” means a day (other than Saturday or Sunday) on which bank premises are open for general business in London. “Connected Company” means (in relation to a body corporate): (a) That body corporate’s holding company; (b) A subsidiary of the body corporate; (c) A subsidiary of the holding company of that body corporate.

Disclaimer

20.1 By logging in, the Customer agrees to be bound by the standard Terms of Business of XYZ. By means of the Customer’s login to these services the Customer is deemed to thereby accept the current Terms of Business including the notice below. If the Customer does not wish to accept these current Terms of Business and the notice below, the Customer should cease using this Website immediately and notify us of their bob-acceptance

20.2 None of the services provided as a result of this agreement constitutes a recommendation for a course or related service and none should be construed as such. .

20.3 No recommendations are made directly or indirectly by XYZ as to the merits or suitability of any course or service which may result directly from having viewed the Website or having received information by email.

20.4 Access to the Website is not open to persons or organisations resident in any territory outside the United Kingdom where, to allow such access, would require any registration, filing, application for any license or approval or other steps to be taken by XYZ in order to comply with local laws or other regulatory requirements in such overseas territory. In all cases it is the Customer’s responsibility to be informed about applicable legal or other regulatory requirements in the territory in which the Customer is resident or of which the Customer is a citizen. By acceptance of this Agreement the Customer represents and warrants that neither allowing the Customer access to the Website nor the acceptance of this Agreement by the Customer will infringe the laws or impose upon XYZ any obligations or duty which has not been performed, fulfilled or satisfied under the laws of any territory the United Kingdom in which the Customer is so resident or of which the Customer is a citizen. If the Customer is in any doubt about its status or compliance with the laws and regulations of any applicable territory, it is recommended to the Customer to take appropriate professional advice without delay.

20.5 While all reasonable care has been taken to ensure that the information published on the Website is not untrue or misleading at the time of publication, neither XYZ nor its officers or employees make any representation or warranty as to the accuracy or completeness of such materials. No liability is accepted for any loss whether direct or indirect, incidental or consequential, arising out of any of the information not being true and accurate except to the extent caused by the willful default or gross negligence of XYZ or its employees.

20.6 The content of this Website is protected by copyright and other intellectual property rights or similar rights which, unless indicated otherwise, are the property of XYZ or another member of the group. Except for permission to download a single copy for personal use, the material published by XYZ may not be reproduced, distributed or published in whole or in part by any recipient for any purpose, without our prior express written consent.

20.7 Whilst certain software may be made available to the Customer from time to time at the XYZ Website, the Customer is licensed to use such software on a non-exclusive basis only for the purposes specified. The Customer is not permitted to use such software for any other purposes and may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise deal with such software.

20.8 The “XYZ“ and “XYZ.co.uk” names are, the trade marks of XYZ. All intellectual property rights in and to the same are expressly reserved to the group or (as the case may be) the organisation which has licensed the group to reproduce the same and accordingly none of the trade marks may be reproduced by the Customer without the express prior consent of the group.

20.9 This Website is hosted in the United Kingdom and compiled in order to comply with English law. All visits to this Website are subject to and governed in accordance with English law.