29 December, 2018

Terms & Conditions for Training Courses

Emoji Limited, 2 Ellington House, 5 Foxglove Drive, Maidenhead, SL6 2JZ, UK.

These Terms of Business (“Terms”) govern the relationship between the Delegate and the Company. By submitting the Booking Form the Delegate has agreed to be bound by these Terms:

  1. Interpretation
    1. In these Terms:
      • “CONTRACT” means the contract for the provision of the Course, comprising the Agreement and Booking Form and these Terms.
      • “COMPANY” means Emoji Limited. of 2 Ellington House, 5 Foxglove Drive, Maidenhead, SL6 2JZ, Company Number 07186847 Registered in England and Wales.
      • “CONTRACTING PARTY” means the individual or organisation named on the Booking Form as being responsible for payment of Course Fees.
      • “COURSE” means the service to be provided by the Company for the Delegate and referred to by course title or course reference code in the Booking Form and more particularly described in the Published Literature.
      • “COURSE FEES” means the price of the Course and any other expenses and incidentals as set out in the Published Literature from time to time.
      • “COURSE MATERIALS” means any Documents, vouchers or other materials, and any data or other information provided by the Company relating to the Course.
      • “DOCUMENT” includes, in addition to a document in writing, any plan, design, drawing, picture or other image, or any other record of any information in any form.
      • “PUBLISHED LITERATURE” means the Company’s website, brochures and other information documents containing details of the Company, Courses being offered and any other information that may be relevant to Delegates and prospective Delegates from time to time.
      • “BOOKING FORM” means the booking form completed by the Delegate via the Company’s website.
      • “DELEGATE” means the person named on the Booking Form or in other communication from the Contracting Party, submitted to the Company for whom the Company has agreed to provide the Course in accordance with these Terms.
    2. The headings in these Terms are for convenience only and shall not affect their interpretation
    3. Where the Contracting Party is not the Delegate, the Contracting Party will ensure that the Delegate complies with any obligations in these Terms that are specific to the Delegate
  2. Supply of the Course
    1. The Company shall provide the Course to the Delegate subject to these Terms. Any changes or additions to the Course or these Terms must be agreed in writing by the Company and the Contracting Party.
    2. The Course shall be provided in accordance with Published Literature relating to the Course from time to time, subject to these Terms.
    3. Further details about the Course, and advice or recommendations about its provision, which are not given in the Promotional Literature, may be made available on written request.
    4. The Company may correct any typographical or other errors or omissions in any Promotional Literature, quotation or other document relating to the provision of the Course without any liability to the Contracting Party.
    5. The Company may at any time without notifying the Delegate or the Contracting Party (if different) make any changes to the Course which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Course.
    6. Please note that filming and photography may take place during the Course. This media may be used by the Company and its affiliate organisations for both security and promotional reasons. By attending the Course you hereby acknowledge and consent to such recordings being made. Please note that we are entitled to make full use of any film and/or recording and/or written Delegate feedback in all current and future media worldwide without any liability or payment to you. If you have any issues or concerns regarding this, please speak to a representative of the Company on the first day of the Course to discuss further.
  3. Fees and Charges
    1. The Contracting Party shall pay the Course Fees as to 100% on submission of the Booking Form.
    2. The Company is not obliged to hold a place for a Delegate on a particular Course where the Contracting Party has not paid any sums due by the times for payment set out in Clause 3.1.
    3. The Company shall be entitled to invoice the Contracting Party immediately following completion of the Course for expenses or charges (if any) incurred by the Delegate which are not part of the Course Fees.
    4. The Company reserves the right to refuse the Delegate admission to the specific Course booked where all Course Fees have not been paid in full by the times set out in this Clause.
    5. If the Delegate attends any part of the Course then the Course Fees in full shall be due and payable and no refunds shall be payable except as specifically set out herein.
  4. Rights in Course Materials
    • 1 The property and any copyright or other intellectual property rights in any Course Materials shall belong to the Company, subject only to the right of the Delegate to use the Course Materials for the purposes of the Course and for the Delegate own personal use and information.
    • 2 The Delegate and Contracting Party (if different) shall not be entitled to copy or republish the Course Materials or any part thereof without the express permission of the Company.
    • 3 The Contracting Party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the Company, except as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority. The Contracting Party shall not use the Company’s confidential information for any purpose other than to perform its obligations under this Contract.
  5. Training Facilities
    1. The Course Fees include provision of and the Delegate’s access to Training Facilities for the duration of the Course more details of which are available in the Company’s published literature or on request. Delegates will be required to abide by the rules laid down by the Company and Training Facility provider from time to time in relation to the Training Facilities. The Company reserves the right to exclude any Delegate from the Course in the event that the Delegate shall seriously breach such rules in any manner that may compromise the safety or quiet enjoyment of other Delegates or occupiers. In such circumstances no refunds of course fees shall be made.
  6. Warranties and Liability
    1. The Company warrants to the Contracting Party that the Course will be provided using reasonable care and skill and, as far as reasonably possible, in accordance with the Booking Form and other published literature and at the time or times referred to in the Booking Form.
    2. Except in respect of death or personal injury caused by the Company’s negligence, or as expressly provided in these Terms, the Company shall not be liable to the Contracting Party by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Company, its servants or agents or otherwise) which arise out of or in connection with the provision of the Course or its attendance by the Delegate, and the entire liability of the Company under or in connection with the Contract shall not exceed the amount of the Course Fees, except as expressly provided in these Terms.
    3. The Company shall not be liable to the Contracting Party or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Course, if the delay or failure was due to any cause beyond the Company’s reasonable control.
    4. The Delegate shall be deemed to have satisfied him/herself that the Course described in Published Literature accords with the Delegate’s requirements. Subject to Clause 2.5 above the content of the Course is limited to those matters and subjects as are specifically set out in the Published Literature or other information that may be supplied to the Student by the Company in relation to the Course.
    5. The Company warrants that the Course is structured for and contains the appropriate information to achieve the specific standards or qualifications as are specifically described in the Published Literature (or as amended in accordance with Clause 2.5) in relation to the Course but the Company does not warrant that such standards or qualifications will be achieved by any Student.
  7. Cancellation, Rescheduling and Refunds
    1. At any time up to one month prior to the commencement date of the Course for which a Delegate is registered the Contracting Party shall be entitled to reschedule without penalty to a future course, subject to availability. The Contracting Party shall not be entitled to reschedule to any course commencing more than 12 months after the commencement date of the Course for which the Contracting Party originally registered. All further reschedules for the same course will carry an administration fee of $500 and must be communicated at least one month prior to course commencement.
    2. If a Delegate or Contracting Party (if different) wishes to reschedule less than one month prior to the commencement of the Course for which the Student is registered then that will be considered a cancellation as per 7.4.
    3. At any time up to one month prior to the commencement date of the Course for which a Student is registered the Contracting Party shall be entitled to cancel that booking subject only to the Company’s right to charge a maximum of 50% of the Course Fees paid by the Contracting Party to the Company for the Course in respect of administration costs plus the cost of any Course Materials already supplied by the Company to the Delegate.
    4. If the Contracting Party wishes to cancel less than one month prior to the commencement date for the Course for which the Delegate is registered then all Course Fees already paid by the Contracting Party shall be forfeited and any Course Fees which were due but unpaid at the date of cancellation shall remain due and payable.
    5. If the Contracting Party has paid all or any part of the Course Fees but the Delegate fails to attend the Course to which such Course Fees relate or any rescheduled Course (in accordance with Clause 7.1) within the period of 12 months after the commencement date of the Course for which the Student registered then at the expiry the 12 month period the Company shall be entitled to retain any Course Fees already paid and to require payment of any Course Fees due but unpaid.
    6. The Company reserves the right to reschedule or cancel any Course where the Company reasonably believes that it is impractical to run a particular Course or where the number of Delegates enrolled for a particular Course makes it uneconomical for the Company to run that Course at that time or at all. In any such case the Company shall endeavour to notify the Delegate of any such rescheduling or cancellation at the earliest opportunity and the Company shall bear no liability in respect of such rescheduling or cancellation save that the Company shall reimburse all Course Fees already paid if the Delegate does not wish to attend any future Course, less the cost of any materials already supplied to the Student.
  8. General
    1. These Terms (together with the terms, if any, set out in the Booking Form) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
    2. A notice required or permitted to be given by either party to the other under these Terms shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
    3. No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
    4. If any provision of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
    5. English law shall apply to the Contract and the parties agree to submit to the exclusive jurisdiction of the English courts.
    6. No one other than a party to this Contract shall have any right to enforce any of its terms.