Terms and conditions for the supply of goods and services by Talisman Training Ltd
1. DEFINITIONS
Within theses “Terms and Conditions” the following words shall have the following meanings:
1.1 "Agreement" means these Terms and Conditions together with the terms of any applicable Specification Document;
1.2 "Client" means the organisation or person who purchases goods and services from Talisman Training Ltd;
1.3 "Participant" means the organisation or person who purchases goods and services from Talisman Training Ltd;
1.4 "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;
1.5 "Specification Document" means a statement of work, quotation or other similar document describing the goods and services to be provided by the supplier;
1.6 "Supplier" means Talisman Training Ltd.
2. GENERAL
2.1 These Terms and Conditions shall apply to all contracts for the supply of goods and services by Talisman Training Ltd to the Client.
3. PRICE AND PAYMENT
3.1 We are not liable to refund fee differences that may arise due to participants booking at different times, discounts etc.
3.2 Invoiced amounts shall be due and payable within 30 days of receipt of invoice. Talisman Training Ltd is entitled to charge interest on overdue invoices from the date when payment becomes due at the rate of 1% per annum above the base rate of the Bank of England.
3.3 Should a purchase order be required for payment of the invoice, it is the participant's responsibility to ensure Talisman Training Ltd has the full details and agreed purchase order before the products or services are supplied.
3.4 In the event that a booking is cancelled, an administration charge will be incurred. This will be the equivalent of the initial deposit required, or should the course have commenced 40% of the total cost of the course.
3.5 Attendance for any programme will only be secured when full payment has been received or you have agreed in writing to pay using our interest free payment plan.
3.6 All payment plans must be agreed with Talisman Training Ltd
3.7 Full payment for all programmes must be received prior to programme commencement unless a payment plan has been arranged and agreed and set up with Talisman Training Ltd
3.8 All programme fees are non refundable. Transfers are permitted however they must be agreed with Talisman Training Ltd prior to attendance
3.9 There is no time limit to achieving certification. It may, however, be necessary to apply additional fees if programme fees have increased within 24 months of attendance. Prior contact with Talisman Training Ltd must be made before attendance.
3.10 Payments made through Pay Pal will be governed by their user agreement and terms and conditions. Talisman Training Ltd accepts no liability for any loss of funds, information or account details or any other misuse of such information provided to Pay Pal for the purposes of payment. The agreement between the Client and Pay Pal is a completely independent contract between said parties and does not form part of any agreement between Talisman Training Ltd and the Client for provision of services and goods, other than a means of payment.
4. SPECIFICATIONS
4.1 For the avoidance of doubt no description, specification or illustration contained in any product pamphlet or other sales or marketing literature of Talisman Training Ltd and no representation written or oral, correspondence or statement shall form part of the contract.
4.2 Unauthorised use of the Talisman Training Ltd logo is not permitted at anytime.
4.3 Some Talisman Training Ltd workshops and programmes may be recorded by video and or audio.
5. DELIVERY AND PROGRAMME INFORMATION
5.1 The times of delivery specified by Talisman Training Ltd are an estimate only. Time for delivery shall not be of the essence of the contract and Talisman Training Ltd shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the programme
5.2 Occasionally Talisman Training Ltd workshops and programmes are recorded via audio and video. Talisman Training Ltd will also record workshops and exerts from certified programmes. Talisman Training Ltd reserves the right to use this material for marketing without seeking the participants' permission
5.4 It maybe necessary, for reasons beyond the control of Talisman Training Ltd, to change the venue, dates and/or trainers of any programme.
5.5 All programmes are as advertised via the Talisman Training Ltd website plus additional marketing materials; we do reserve the right to upgrade the programme venue, use more appropriate
5.5 All programmes are as advertised via the Talisman Training Ltd website plus additional marketing materials; we do reserve the right to upgrade the programme venue, use more appropriate trainers and amend the programme in any way to ensure you gain the most appropriate learning for your needs.
5.6 Should Talisman Training Ltd change the programme venue, you will receive written confirmation with sufficient notice.
5.7 Talisman Training Ltd is not liable for any additional travel and accommodation costs the participant may incur should the programme dates or venue be altered.
5.8 There is no time limit to achieving certification. See 3.9
6. CLIENT’S OBLIGATIONS
6.1 To enable Talisman Training Ltd to perform its obligations under this Agreement the Client shall:
6.2 Co-operate with Talisman Training Ltd.
6.3 Provide Talisman Training Ltd with any information reasonably required by Talisman Training Ltd.
6.4 In the event that the Client or any third party, not being a sub-contractor of Talisman Training Ltd shall omit or commit anything which prevents or delays Talisman Training Ltd from undertaking or complying with any of its obligations under this Agreement, then Talisman Training Ltd shall notify the Client as soon as possible and:
6.5 Talisman Training Ltd shall have no liability in respect of any delay to the completion of any project;
6.6 if applicable, the timetable for the programme will be modified accordingly;
6.7 Talisman Training Ltd shall notify the Client at the same time if it intends to make any claim for additional costs.
7. ALTERATIONS TO THE SPECIFICATION DOCUMENT
7.1 The parties may at any time mutually agree upon and execute new Specification Documents. Any alterations in the scope of the programmes to be provided under this Agreement shall be set out in the Specification Document, which shall reflect the changed goods and/or services and price and any other terms agreed between the parties.
8. LIMITATION OF LIABILITY
8.1 Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of Talisman Training Ltd to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid by the Client to which the claim relates.
8.2 In no event shall Talisman Training Ltd be liable to the Client for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the Supplier had been made aware of the possibility of the Client incurring such a loss.
8.3 Nothing in these Terms and Conditions shall exclude or limit Talisman Training Ltd’s liability for death or personal injury resulting from Talisman Training Ltd negligence or that of its employees, agents or sub-contractors.
9. INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of Talisman Training Ltd, and the Client shall do all that is reasonable necessary to ensure that such rights vest in Talisman Training Ltd by the execution of appropriate instruments or the making of agreements with third parties.
10. INDEPENDENT CONTRACTORS
Talisman Training Ltd and the Client are contractors independent of each other, and neither has the authority to bind the other to any third party or act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Talisman Training Ltd may, in addition to its own employees, engage sub-contractors to provide all or part of the services being provided to the Client and such engagement shall not relieve Talisman Training Ltd of its obligations under this Agreement or any applicable Specification Document.
11. ASSIGNMENT
The Client shall not be entitled to assign its rights or obligations or participant its duties under this Agreement without the prior written consent of Talisman Training Ltd.
12. WAIVER
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at anytime subsequently to enforce all Terms and Conditions of this Agreement.
13. NOTICES
Any notice to be given by either party to the other may be served by email, personal service or by post to the address of the other party given in the Specification Document or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
14. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.
15. NO THIRD PARTIES
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
16. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the English law and the parties hereby submit to the exclusive jurisdiction of the English courts.
17. CONTENT; COPYRIGHT AND TRADEMARK NOTICE
All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to Talisman Training Ltd, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in this Terms & Conditions, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Talisman Training Ltd’s prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the Content, and Talisman Training Ltd reserves all rights not expressly granted hereunder. Talisman Training Ltd expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.
18. REGISTRATION; CLIENT ACCOUNTS; USE OF SITE
Certain services offered on or through the Site require you to first provide certain information, (i.e. email address and passcode). You are responsible for maintaining the confidentiality of your information, including your passcode, and for all activity that occurs regarding that information. You agree to notify Talisman Training Ltd immediately of any unauthorised use of your email account or passcode, or any other breach of security. You may be held liable for losses incurred by Talisman Training Ltd or any other user of the Site due to someone else using your passcode or Client information. You may not use anyone else's passcode or Client information at any time. You may not attempt to gain unauthorised access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as required by the registration process. You may update any of your account information by contacting Talisman Training Ltd via email, post or telephone. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.
19. CONSENT TO COLLECTION, USE & DISCLOSURE OF YOUR PERSONAL INFORMATION
While Talisman Training Ltd takes reasonable steps to safeguard and to prevent unauthorised access to your personal information, we cannot be responsible for the acts of those who gain unauthorised access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorised access to your private information. In no event shall Talisman Training Ltd be liable for any damages (whether consequential, direct, incidental, indirect, punitive, special or otherwise) arising out of, or in any way connected with, a third party's unauthorised access to your personal information, regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless of whether Vistaprint (web design and hosting)was given actual or constructive notice that damages were possible.
20. CONSENT TO OUR COMMUNICATION WITH YOU BY E-MAIL
By providing contact details to us, and each time you make a purchase through our Site, you grant permission for Talisman Training Ltd to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to us at
