“Goods” means any goods and/or services provided by the Company as ordered by the Client
“Company” means Premier Sports College
“Client” means the person, firm or company placing an order with the Company
These terms and conditions apply to any provision of services or materials by the Company to the Client.
3. FORMATION OF CONTRACT
All Goods sold by the Company are sold subject to the Company’s standard terms and conditions (as detailed below) which form part of the Client’s contract with the Company. Terms and conditions on the Client’s order form or other similar document shall not be binding on the Company.
The prices, dates and time stated in any quotation are not binding on the Company. They are planned dates, times and venues only which the Company will make reasonable efforts to achieve.
5. RIGHT TO SUB CONTRACT
Subject to informing or obtaining such consent of the client as may be required by the code of conduct of the College, the Company shall be entitled to sub-contract all or any part of the work.
The Company will use its best endeavours to keep to the stated schedule but the timetable will not be of the essence of the contract.
The Client acknowledges that the rights to the Goods are owned by the Company and that the Goods are protected by Irish copyright laws, international treaty provisions and all other applicable national laws.
The loss of not opening, downloading, studying or attending workshops, seminars or such relating to a course is the Client ‘s obligation
9.1 Course fees may be paid directly on-line in advance of any course, seminar or workshop.
9.2. Course fees may be paid by direct debit which should be in place in advance of a course starting.
9.3. Course fees may be paid by making an agreed deposit and further payment(s) during the course. This applies to course that run for 3 or more modules.
9.4 Where the Company requires payment of a deposit, the Client acknowledges that the deposit is not returnable.
9.5 Invoices and receipts of payments received will be issued to all clients.
9.5 The Company reserves the right to increase a quoted fee in the event that the client requests a variation to the course agreed.
10. NOTICE OF CANCELLATION OF COLLEGE ON-LINE COURSES
10.1 Cancellation of any on-line course will be made by the College via client email and notice on the College website at least 7 days prior to the start-up date.
10.2 Cancellation of seminars or workshops by the College will be made at least 3 days via client email and notice on the College website prior to delivery of the particular work.
10.3 Clients should be aware of our refund policy – available below.
11. NOTICE OF CANCELLATION OF ATTENDANCE OR PARTICIPATION IN COURSE/SEMINAR/WORKSHOP BY CLIENT
11.1 Where a client is unable to start a seminar or workshop a full refund will be made if the client notifies the College via email (email@example.com) and cancels their attendance 7 days before the start of the course, seminar or workshop.
11.2 Where a client begins a course, a refund will only be made in the case of a course/module of a course which is categorised as being equal to or longer than 60 hours study time and if the student withdraws from the course within 24 hours of the start-up date or if the student has been recorded as having accessed more than topic 1 – The Introduction Topic.
11.4 Where a client begins a course, module, seminar or workshop no refund will be made in the case of the client failing to complete the course, module, seminar or workshop. However if the client informs the College (firstname.lastname@example.org) of their inability to complete that particular seminar or workshop while in attendance on the seminar or workshop the College reserves the right to accommodate the client at a future seminar or workshop on that particular topic free of charge.
12.1 Delivery by the Company of any on-line course will be deemed to have taken place once the client fails to notify the College (email@example.com) of their withdrawal from the course before accessing Topic 2 of that course or module. The Company will be entitled to hold all course fees at that stage.
12.2 In the case of workshops and seminars clients will be entitled to re take the same or similar course at the next scheduled occasion if they withdraw or cancel with 24 hours of the seminar or workshop strating.
All written notices to be served on or given to the client shall be sent or delivered to the client’s principle email address and shall be treated as having been given upon receipt.
14. USAGE OF THE SERVICES OR MATERIALS
14.1 Unless agreed and indicated in writing by the Company, the Client (and their clients) shall be entitled to use the services and materials provided (i.e. the course materials) only for the purpose of their private education. The Client shall not otherwise be entitled to store, pass on (whether to his/her client or other person) or use these services and materials in any format unless he or she has the express written permission of the College Director.
14.2 The Client shall bear responsibility for ensuring that all usage of information contained within any course material or handout is in accordance with and does not contravene any Data Protection or other laws, regulations or other trade customs and practices. The Company bears no liability for any omissions or faults in these respects.
Both parties shall maintain strict confidence and shall not disclose to any third party any information or material relating to the other or the other’s business which comes into that party’s possession and shall not use such information and material. This provision shall not, however, apply to information or material which is or becomes public knowledge other than by breach by a party of this clause.
16. EMPLOYMENT OF PERSONNEL
Subject to the prior written consent of the Company the Client shall not induce to employ, whether as an employee, agent, partner or consultant, any employee of the Company directly associated with delivery of the Services and Goods of the Company.
17.1 The Company warrants that it has the right to provide the Goods but otherwise the Goods are provided on an “as-is” basis without warranty of any kind, express or implied, oral or written including, without limitation, the implied conditions of merchantable quality, fitness for purpose and description, all of which are specifically and unreservedly excluded. In particular, but without limitation, no warranty is given that the Goods are suitable for the purposes intended by the Client.
17.2 The Company warrants that the Goods will be supplied using reasonable care and skill. The Company does not warrant that the Goods supplied are error-free, accurate or complete.
17.3 Both parties warrant that they are registered under the Data Protection Act in respect of the collection, processing and use of the Goods. Each party will comply with the Act including but not limited to its obligations in respect of any personal data which it may supply to or receive from the other party.
17.4 The Client acknowledges that the Company is required to uphold at all times, in letter and in spirit, the Code for Advertising, Promotional and Direct Marketing in Ireland (6th Edition, effective from January 1st 2007)..
18. LIMITATION OF LIABILITY
18.1 The Company shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the Goods nor for any special, indirect, economic or consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning or use of the Goods. Any liability of the Company shall in any event be limited to the licence fees paid by the Client in the year in which the event of default arises.
18.2 Nothing herein shall limit either party’s liability for death or personal injury arising from the proven negligence by itself or its employees or agents.
18.3 The Client shall fully indemnify the Company against any liability to third parties arising out of the Client’s use of the Goods.
19. FORCE MAJEURE
The Company will not be liable to the Client for any loss or damage suffered by the Client as a direct result of the Company, its sub-contractors or the list-owner from whom the sample or other service or material is derived being unable to perform the Contract in the way agreed by reason of cause beyond its control including Act of God, accident, war, riot, lockout, strike, flood, fire, power failure, breakdown of plant or machinery, delay in transit, postal delay, or any other unexpected or exceptional cause or circumstance.
20. GOVERNING LAW
These Terms of Trading shall be subject to and construed in accordance with the laws of Ireland and the parties hereby submit to the exclusive jurisdiction of the Irish courts.