Terms and conditions
These Terms and Conditions are issued by Think Global. They apply to the entire contents of the Global Dimension Website under the sole control of Think Global and to any correspondance by email between us and you. Use of this website indicates that you accept these Terms and Cconditions.
These are the Terms and Conditions that apply to use of www.globaldimension.org.uk (the "Website").
This Website is brought to you by Think Global, based at CAN Mezzanine, 32-36 Loman Street, London SE1 0EH ("Think Global"). Think Global is the working name for the Development Education Association which is a registered charity (no. 291696) and company limited by guarantee (no. 1737830). Our VAT number is 114418346. References to "we", "our" and "us" are references to Think Global.
Member account, password and security
Think Global will endeavour to protect all personal information collected through the Website in accordance with strict data protection standards.
The registration process on the Website involves you giving a password and a member account being set up for you. You are responsible for maintaining the confidentiality of the password and member account, and are fully responsible for all activities that occur under your password and member account. You agree to (a) immediately notify Think Global of any unauthorised use of your password and any other breach of security, and (b) ensure that you logout from your member account at the end of each session. Think Global is not responsible for any loss or damage arising from your failure to comply with this obligation.
Our comment facility, forums, resources and any pages of the Website where you are capable of posting material are provided for the exchange of lawful, relevant, fair and appropriate information, opinions, materials and comment. You acknowledge that all information, data (including registration data), text, files, photographs, graphics, messages and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Think Global accepts no responsibility for, and does not guarantee, the accuracy, integrity or quality of any Content uploaded to our website by you or any third party.
You acknowledge that by using the Website, there is a risk that you may be exposed to Content that you may find offensive, indecent or objectionable. If you object to the publication of any comment or material uploaded to the Website, please let us know by clicking on the 'Report abuse' link next to the relevant upload/comment. This is the fastest way to notify us and will provide a direct link to the post/message in question.
If you object to anything anywhere else on this Website, please let us know by calling 020 7922 7930 or by emailing firstname.lastname@example.org and we will take whatever action we deem appropriate.
You agree to not use the Website to:
- upload, post, email, or otherwise transmit any Content that is unlawful, harmful, objectionable, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise discriminatory;
- harm or attempt to harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Think Global staff member, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website;
- upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law;
- upload, post, email or otherwise transmit any Content that infringes any patent, trade mark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
- violate any applicable law or regulation;
- collect or store personal data about other users.
You acknowledge that Think Global does not pre-screen member-generated Content that you post on the Website, but that Think Global and people designated by it shall have the right (but not the obligation) to monitor communications that occur through, and posts made to, the Website. If Think Global determines, in its sole discretion, that you or another user have breached these Terms and Conditions or that any Content is inappropriate or otherwise objectionable, Think Global may refuse to accept or may remove any Content from the Website, without any liability to you or a third party.
If you breach these Terms and Conditions, you should be aware that a party aggrieved by the uploading of any content which is, inter alia, defamatory or in breach of copyright, may take action and that this could result in registration data and other data concerning your identity being disclosed and your having to pay compensation to the person or company aggrieved.
You agree to indemnify, defend and hold Think Global and its affiliates harmless from and against any and all liability, losses, costs, claims and expenses incurred directly or indirectly (including reasonable attorneys’ fees) incurred in connection with or arising out of your violation of these Terms and Conditions, any applicable law or regulation or the rights of any third parties related to the use of the Content, or our Website. This indemnity includes both any liability to third parties, and other costs and losses incurred by Think Global.
Rights in posted content
With respect to all Content you post on the Website, you grant Think Global a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. With respect to all Content you post to the Website, you hereby waive any moral rights you have in the Content.
You represent and warrant that you own or otherwise control all of the rights to the Content and can grant the rights set out above. You represent, warrant and undertake that: (i) use of the Content will not infringe the rights of any third parties (including that the Content or material is not defamatory); and (ii) you have obtained all rights and consents that are necessary for you to provide the Content; and (iii) you will immediately remove and notify us of any Content that does not does not comply with these Terms and Conditions or may infringe the rights of third parties. You agree to indemnify Think Global and its affiliates for all claims brought by a third party against Think Global or its affiliates in respect of infringement of that third party’s intellectual property rights or arising out of or in connection with a breach of any of these warranties.
General practices regarding use and storage
You acknowledge that Think Global may establish general practices and limits concerning use of the Website, including without limitation the maximum number of days that message board postings or other uploaded Content will be retained by the Website and the maximum number of times (and the maximum duration for which) you may access the Website in a given period of time. You agree that Think Global has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Website. You acknowledge that Think Global reserves the right to de-activate accounts that are inactive for an extended period of time. You further acknowledge that Think Global reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Modifications to service
Think Global reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Think Global shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
You agree that Think Global, in its sole discretion and without liability to you or any third party, may suspend or terminate, with or without notice, the Website or any part of it or any of your passwords or accounts (or any part(s) thereof or related files and information) within the Website, and may remove and discard any Content within the Website, for any reason, including, without limitation, for lack of use or if Think Global believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Where there is a breach of these Terms and Conditions, the rights described in this paragraph are not Think Global's only remedy and Think Global may take any other action we reasonably deem appropriate in connection with such breach.
Links to other websites or resources
The Website may provide, or third parties may provide, links to other websites or resources. Because Think Global has no control over these sites and resources, you acknowledge and agree that Think Global is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Think Global shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Use of Think Global Material
All articles, information and other materials presented on this website are subject to copyright, trade mark right and/or other intellectual property right owned by or licensed to Think Global. You are prohibited from reproducing, extracting, providing links to or otherwise communicating or making available to third parties any part of the content of this website without Think Global’s written consent. You acknowledge that, by making use of this website, you are agreeing to comply with this prohibition and that any breach thereof is likely to result in legal proceedings being issued against you.
Think Global’s proprietary rights
Think Global is the owner or the licensee of all copyright, trade mark right and/or other intellectual property rights in the Website (including any Content made available through the Website and the underlying source code) that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Website or advertisers is protected by third party copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Think Global grants you a personal, non-transferable and non-exclusive right and licence to use the Website for its intended purpose subject to your compliance with these Terms and Conditions. This licence does not include the right to collect or use information contained on the Website for any purpose not specifically listed in these Terms and Conditions, to compete with Think Global, to create derivative works based on the Content of the Website, or download or copy the Website (other than page caching). If you use the Website in a manner that exceeds the scope of this licence or you breach these Terms and Conditions, Think Global may revoke the licence granted to you.
You are prohibited from reproducing, copying, modifying, renting, leasing, loaning, selling, distributing, exploiting, extracting, providing links to, creating derivative works of or otherwise communicating or making available to third parties any part of the Content of this Website without Think Global’s prior written consent.
You acknowledge that, by making use of this Website, you are agreeing to comply with this prohibition and that any breach thereof is likely to result in legal proceedings being issued against you.
You expressly acknowledge and agree that:
- Your use of the Service is at your sole risk. Think Global has made every effort to ensure that the Content on the Website is accurate and up-to-date and correct at the time of publication. However, the Website is provided on an 'as is' and 'as available' basis. We do not guarantee the accuracy, timeliness, completeness or fitness for purpose of the Content provided on the Website or that use of the Website will be uninterrupted, virus free or error-free. No responsibility is accepted by or on behalf of Think Global for any errors, omissions or inaccurate information on the Website.
- The Content on the Website is for general information only and is not intended to, nor does it, constitute legal or other professional advice or services or a recommendation to purchase any product or service upon which a specific decision should be made.
- Think Global is not responsible for how the Content on the Website is interpreted or what reliance is placed on it. We do not accept any responsibility for the results of any action taken on the basis of the information provided on the Website.
- Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from Think Global shall create any warranty or other obligation not expressly stated in these Terms and Conditions.
You acknowledge that any Confidential Information (as defined below) which you obtain through the entering into of these Terms and Conditions and the use of the Website constitutes the valuable, confidential, proprietary information of Think Global and its licensors, and you agree that during the term of your use of the Website and thereafter you shall not, without our express written consent, use or disclose to any other person any such Confidential Information, except as specifically authorized under these Terms and Conditions or as required by applicable law.
For the purposes of these Terms and Conditions, "Confidential Information" means any and all data, information, documents, software or materials relating to the business and management of Think Global, its users and members, affiliates, licensors or licensees, that is designated as confidential or ought reasonably to be considered confidential, including but not limited to: their business model and operations, processes, products, designs, pricing, promotions, business plans, business opportunities, finances, research, development, know-how, trade-secrets, training materials, personnel, clients, methodologies, Website Content belonging to others and other intellectual property.
If you have any complaints about the Website, please email email@example.com.
These Terms and Conditions constitute the entire agreement between you and Think Global and govern your use of the Website, superseding any prior agreements between you and Think Global. Our relationship with you is subject to English law and the exclusive jurisdiction of the English courts. Any failure by Think Global to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.
1.1. Courses: Think Global (“TG”) is a provider of global learning CPD training courses and related materials and products ("Courses"). Courses are delivered via the world-wide web ('the Web'). Ten modules will take place throughout the school year ('Standard Courses').
1.2. Course Details: Details of the Courses available from Think Global are set out on the Website (www.globaldimension.org.uk/schoolsplus), as defined below.
1.3. Terms apply to all Courses: The following terms and conditions ('these Terms') shall be incorporated into all agreements for the provision of Courses by TG, including agreements which constitute 'distance contracts' (a 'Distance Contract') under the Consumer Protection (Distance Selling) Regulations 2000.
2.1. Definitions: In these Terms, the following expressions shall have the meanings set against them unless the context is inconsistent therewith:
(a) "Course Materials" means any documentation, articles, web pages, online modules or consulting project materials provided as part of a Course;
(b) "Think Global Schools Plus” is trading names of TG, whose registered office is at CAN Mezzanine, 32-36 Loman Street, London, SE1 0EH. Think Global is the working name for the Development Education Association which is a registered charity (no. 291696) and company limited by guarantee (no. 1737830). Our VAT number is 114418346. References to "we", "our" and "us" are references to Think Global.
(c) References to "On-Line Courses" means Courses delivered via the Web;
(d) 'You' means any person who uses the Website or whose order for Courses is accepted by Think Global.
(e) "Website" refers either to the website at www.globaldimension.org.uk/schoolsplus service provided by Think Global, or any other website controlled by Think Global.
2.2. Delivery: "Delivery" means the time when Live Courses have commenced, or when Remote Course Materials have been delivered, or when access to Online Course modules has been granted.
2.3. The Regulations: Any reference to a Regulation in these Terms is a reference to one of the Consumer Protection (Distance Selling) Regulations 2000.
3. YOUR ACCEPTANCE OF THESE TERMS
3.1. Acceptance: By registering to use the Website or by otherwise agreeing to be supplied with the Courses, you agree to be legally bound by these Terms, and that your use of the Website and the Courses will be on these Terms alone.
3.2. Amendment: Think Global reserves the right to change these Terms from time to time. You are responsible for regularly reviewing these Terms and any amended terms posted on the Website or otherwise notified to you. Your continued use of the Website and/or the Courses constitutes your agreement to these Terms as amended. Think Global will be bound by any amendment to these Terms only to the extent that such amendments have been approved in writing by the Chief Executive or Finance Director of Think Global.
4.1. Price List & Changes: Except as otherwise expressly agreed by Think Global in writing, the price of each Course shall be the price listed in Think Global's published price list current at the date of purchase (subject to any volume discounts set out in the price list). Save as otherwise expressly stated by Think Global. The price of each Course is subject to change at any time at Think Global's sole discretion prior to the date of purchase. You must check the Website or other published price list for the current prices before ordering any Courses.
4.2. Expenses: The following expenses (if incurred) shall be charged to you as separate items, unless otherwise indicated in our quotation or agreement:
(a) Cost of carriage of goods to support Standard Courses and all Standard Course Materials;
(b) Any additional costs such as extra consultancy and/or training time;
(c) Any other additional costs (e.g. consultant travel costs, accommodation etc.);
(d) Any additional material written for you in connection with your use of the Website;
5.1. Time of Payment: Payment for all Courses shall be made no later than 24 hours before the commencement of the subscription service.
5.2. Interest: If for any reason payment is not within the 24 hour period as set out above, you agree to pay an interest charge at the rate of 5% per year over Barclays Bank base rate during the period from date of activation of subscription to the date of actual payment of the amount due.
5.3. Method of Payment: Payment for all Courses shall be made in pounds sterling by credit or debit card, or upon receipt of invoice.
5.4. Security: For payment with Credit Card, Think Global uses all reasonable efforts to safeguard the confidentiality of your credit or debit card details such as encryption technology and firewalls. However, "perfect" security does not exist on the Internet. Your credit card number and contact information will be provided to Barclaycard Merchant Services or the relevant credit card company from time to time ("the Credit Card Company"). The Credit Card Company has its own privacy and data collection practices and Think Global has no responsibility or liability for these independent practices. This does not apply for invoiced services.
6. ACCEPTANCE & CANCELLATION OF ORDERS FOR INTERNET PURCHASES ONLY
6.1. Offer and Acceptance: Neither the Website nor the Think Global e-Learning price lists constitute legally binding offers: Think Global e-Learning is under no obligation to accept your order for an On-Line Course or any other Course. Acceptance of your order shall take place only when Think Global e-Learning dispatches its acceptance of your order to you.
6.2. Cancellation Right: You have the right in accordance with Regulation 10 to cancel any Distance Contract made between us, which includes contracts made exclusively by means of the Internet, e-mail, fax, telephone or other means of distance communication. In accordance with the Regulations, notice of cancellation must be received by us during the Cancellation Period, which is the period ending on the expiry of SEVEN WORKING DAYS beginning with the day after the day on which the contract was concluded. In the event that a contract is cancelled pursuant to the Regulations, you will be responsible for returning any Course Materials to us in accordance with our Returns Procedure set out in Clause 8 of these Terms.
6.3. Limit on Cancellation Right: Except as otherwise agreed between you and Think Global , and in accordance with Regulation 13, you will not be able to cancel the contract in accordance with Regulation 10 once Delivery of the services has begun.
7. CANCELLATION PROCEDURE
7.1. Notice of Cancellation: Notice of cancellation of any Course must be given in accordance with Clause 18.
(a) Cancellation for Subscription Services: For the Online-modules there is an automatic ongoing renewal fee at the end of the initial access period, which serves as a continuous roll-over subscription to the modules. Please see cancellation periods in clause 7.4.
7.4. For Online Learning and Subscription Contracts: Think Global requires written notification one month prior to the renewal date for yearly subscription contracts if you do not wish to renew your subscription contract, otherwise the contract will automatically roll over with a 10% increase on sale price on a continuous basis.
8. RETURNS PROCEDURE
8.1. Returns Procedure: Where Think Global has sent out course specific material, we will accept Course Materials for return only if:
(a) You cancelled the relevant Distance Contract within the Cancellation Period as defined in clause 6.2 or;
(b) The Course Materials were not compliant with our obligations under these Terms, and;
(c) You follow the returns procedure set out below.
8.2. Condition of returned Course Materials: Think Global will accept returned Course Materials only if they are:
(a) Accompanied by a valid proof of purchase and;
(b) Complete and in an unused and re-saleable condition. In particular, Think Global reserves the right not to make any refund to you in respect of sealed Course Materials where such seal has been broken (for example sealed CD Rom products).
8.3. Notification: Think Global reserves its right under Regulation 14 to make a charge for the return of Course Materials on cancellation of a Course by you. Such charge shall not exceed the actual direct costs of such return. If you wish to return Course Materials in the circumstances set out above, you should notify Think Global in the manner set out in Clause 18 with details of your original order number and receipt. If Think Global agrees to accept the return, your credit or debit card will be debited with the cost of the return delivery charge being £25 per return.
8.4. Collection of Course Materials: Think Global will arrange to collect the Course Materials to be returned. You will then receive an e-mail notice that your return is registered with Think Global's carrier who will collect the goods within five (5) working days of your contacting Think Global as provided above.
8.5. Refund of Purchase Price & Outbound Delivery Charge: If you qualify for a return and have followed the above procedure, you will receive a full refund of the purchase price and the outbound delivery charge to be credited to your card. Noncompliant Course Materials must be returned before any refund will be made.
9. INTELLECTUAL PROPERTY RIGHTS
9.1. Ownership: Think Global or its licensors own all title, copyright and all other intellectual property rights (including without limitation, database rights, trade marks, patents, and designs (whether registered or unregistered) in and to all Course Materials. You acknowledge that you do not own and shall not acquire any title; copyright or any other intellectual property rights in and to the Website and/or the Courses or any Course Materials and you shall not modify, translate, adapt or otherwise amend the same otherwise than in accordance with applicable law.
9.2. Limited Licence: Except as otherwise expressly stated on the Website or in the Course Materials, the Courses, and the Course Materials are supplied for your private information and educational use. Any commercial use, copying, distribution, transmission or publication of the whole or any part of the Course Materials and/or the Website is strictly prohibited without the express prior written consent of Think Global.
9.3. Software: Your use (including downloading) of any content or software in connection with the Courses is governed by the terms of the end user licence agreement (if any) which accompanies or is included with such content and/or software. You may not install or use any content or software that is accompanied by or includes a licence agreement unless you first agree to the terms of such licence agreement. You agree that the licensor of any software obtained via us and used by you in connection with the Courses shall have the right (in terms of the Contracts (Rights of Third Parties) Act 1999) to enforce the terms of that licence directly against you. For any content or software not accompanied by a licence agreement, Think Global hereby grants to you a revocable personal non-transferable licence to use the content or software for viewing and otherwise in accordance with these Terms.
9.4. Trade Marks: The display of any trade names or trademarks on the Website or in any of the Course Materials does not imply that any licence has been granted to any third party in respect of the same. All other product or company names, devices, logos, icons, graphics or designs referred to on the pages of the Website or in any of the Course Materials are the trademarks of the respective owners and are exhibited only in such a manner as is intended to be for the benefit of such trademark owners. Think Global intends no infringement of such trademarks. The appearance or absence of products, services, companies, organisations, home pages or other websites on the Website or any of the Course Materials does not imply any endorsement or non-endorsement thereof by Think Global.
9.5. Search Programs: The deployment within the Website of any spider, robot, web crawler or other automated query program is forbidden except as may be necessary to identify the existence and general nature of the Website for ordinary internet search engine purposes.
9.6. Reservation of Rights: All rights not expressly granted to you under these Terms are reserved to Think Global.
9.7. Think Global will retain copyright on all authored material, unless otherwise agreed.
10. USE OF THE WEBSITE AND COURSES
10.1. Computer System: You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Courses and/or the Website, is compatible with the Courses and/or the Website and is capable of running the Courses and/or the Website content. You must not attempt to interfere in any way with the proper working of the Website and/or the Courses and in particular you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router, or any other internet connected device.
10.2. Course Changes: Think Global e-Learning reserves the absolute right to update, alter, suspend or discontinue any aspect of the Courses and/or the Website including your use of and/or access to it.
11. USER REGISTRATION
11.1. Registration: In order to access and use the Website and/or the Courses, you are required to complete the applicable registration form ("the Registration Form") and to submit the same to Think Global. The information requested to be provided on the Registration Form must be current, complete and accurate. Registration is subject to acceptance or refusal by Think Global at its sole discretion. By registering you warrant and represent that you can form binding contracts under applicable law.
11.2. Passwords: You are solely responsible in all respects for protecting the confidentiality of any password given to you or selected by you for access to or use of the Website and/or the Courses. Your password may only be used by you personally and you must not share it with or transfer it to any third parties. You are solely responsible for any and all activities that occur under your password and account. You must notify Think Global e-Learning immediately of any unauthorised use of your password or any other breach of security regarding the Website and/or the Courses which comes to your attention. Think Global will not be liable for any loss that you may incur as a result of a third party using your password or account. However, you may be liable for losses incurred by Think Global e-Learning as a result of someone else using your password or account.
12. POSTING AND CHAT FACILITIES
12.1. Posted Materials: The following provisions apply to your use of any facilities which enable you to post or send text, graphics, audio-visual or other material ('Material') on the Website or to send Material to other users of the Website via e-mail, or during e-learning webinars.
12.2. Representations concerning Material: By submitting Material to the Website or to other users of the Website you;
(a) Represent that you are entitled to do so;
(b) Grant us a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that Material in any form, anywhere; and
(c) Authorise us to adapt the relevant Material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the Material in question. Except as provided by the Data Protection Act 1998, Think Global shall not be subject to any obligation of confidentiality with regard to Material posted by you.
12.3. Excluded Materials: You agree not to send Material to the Website or to other users of the Website or Webinars which;
(a) Might infringe the intellectual property or other rights of any person or entity,
(b) Might breach any applicable law
(c) Constitutes advertising or any form of unsolicited commercial communication
(d) Might cause damage or denial of use to any hardware or software,
(e) Might be defamatory, profane, obscene, sexually oriented, racially offensive, harassing, threatening, abusive, 'flaming', false, misleading or otherwise objectionable in our opinion ('Excluded Material'). We reserve the right to delete any Excluded Material placed by you on the Website.
12.4. Our responsibilities in relation to Excluded Material: You accept that we do not have the resources to screen the Website for any Excluded Material posted by third parties and that we shall be under no liability in respect of such Excluded Material. We undertake to delete any Material which we decide (at our sole discretion) constitutes Excluded Material within a reasonable time of written notification by you of its presence on the Website.
13.1. You agree to indemnify Think Global in respect of any costs, claims, demands, losses or liabilities (including reasonable legal fees) incurred by Think Global as a result of, or arising in any way from a claim by a third party which results from any breach by you of the provisions contained in these Terms.
14. WARRANTIES & SERVICE EXCLUSIONS
14.1. Warranties: Think Global warrants that the Courses and the Website shall be provided with reasonable skill and care by qualified and experienced consultants, and that the Course Materials will be of satisfactory quality and compliant with any sample Course Materials supplied to you for approval. If you place an order for Courses having been given the opportunity to examine sample Course Materials, Think Global shall be under no liability with regard to the Course Materials as supplied unless such Course Materials are non-compliant with sample.
14.2. Uptime & Links: Think Global will endeavour to make the Website and the Courses available but cannot guarantee that the Website and/or the Courses will operate continuously or without interruptions which could affect use of the Website and/or the Courses. The Courses and/or the Website may provide links to other websites, which are not under the control of Think Global. Think Global shall not be responsible in any way for the content of any such other websites. You acknowledge that Think Global provides such links only as a convenience. The inclusion of any link does not imply any kind of endorsement by Think Global.
14.3. Changes to Courses: Think Global reserves the right to alter or cancel any Course or location prior to Delivery of that Course.
14.4. Service Exclusions: The Website and/or the Courses are provided for general information and illustrative purposes only and do not constitute financial, legal or other professional advice. Neither Think Global nor any other Think Global entity accepts any responsibility or liability for any loss which may arise from reliance on information contained on the Website and/or in the Courses.
14.5. Limited Warranties: The above warranties are Think Global's only warranties and no other warranty or condition, express or implied, will apply to the supply of the Courses, the Course Materials, or any other matter covered by these Terms. No warranty is given that the Course Materials will be fit for any particular purpose. Your statutory rights as a consumer (if any) are not affected by these Terms.
15. LIMITATION OF LIABILITY
15.1. Unlimited Liability: Nothing in these Terms shall operate to exclude or limit Think Global's liability for:
(a) Death or personal injury caused by the negligence of Think Global, its servants, agents, employees or subcontractors;
(b) Any breach or contravention of the conditions implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(c) Fraudulent misrepresentation; or
(d) Any breach of any implied term which cannot be excluded or limited.
15.2. Liability Exclusions: Subject to Clause 15.1, Think Global shall not be liable to you or any third party for any loss of, damage to or costs in respect of:
(a) Loss of profit, anticipated profits, revenues or anticipated savings, goodwill or business opportunity, or;
(b) Loss of data, or;
(c) Indirect or consequential loss or damage; Regardless of whether any of the matters listed in (a), (b), and (c) above are foreseeable, known, foreseen or otherwise.
15.3. Total Liability: Subject to condition 15.1, the maximum liability of Think Global arising out of or in connection with any agreement made pursuant to these Terms or any collateral contract, whether in contract, tort (in each case including negligence) or otherwise shall in no circumstances exceed either £1,000 or the sum paid by you to Think Global, whichever is the lower.
15.4. Force Majeure: Neither party shall be liable to the other for any failure or delay in the performance of its obligations under these Terms caused by circumstances beyond that party's reasonable control.
16. TERMINATION & ACCESS RESTRICTION
16.1. Think Global shall have the right, at any time by serving written notice on you (which notice may be served by the sending from our server of an e-mail to the e-mail address set out on the Registration Form), to cancel your registration and access to the Website and/or the Courses if you are in breach of any material term of these Terms. Think Global reserves the right, in its sole discretion, to suspend your registration and/or access to the Website and/or the Courses at any time without notice.
17.1. Separation of Provisions: If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of the Terms shall continue in full force and effect.
17.2. Third Parties: For the purposes of the Contracts (Rights of Third Parties) Act 1999:
(a) Think Global's employees, sub-contractors and suppliers shall have the benefit of Clause 9 (Intellectual Property) in relation to their own intellectual property, and Clauses 14 (Warranties and Service Exclusions), 13 (Indemnity) and 15 (Limitation of Liability)
(b) Apart from that, these Terms are not intended to, and do not, give any person who is not a party to them any right to enforce any of their provisions.
17.3. Communications: All correspondence with the lecturers, trainers, consultants, authors or anyone else providing training or Course Material on behalf of Think Global must go through Think Global.
17.4. Assignment: The benefits and obligations conferred by these Terms upon you are personal to you and shall not be assigned, delegated, transferred, sub-contracted or encumbered or otherwise made available or disposed of without the express prior written consent of Think Global.
17.5. Non-solicitation, engagement and employment from acceptance of Your order for a restricted period of eighteen months thereafter, You will not (without the prior written consent of Think Global) attempt to solicit or entice away from Think Global or engage or employ, or procure the engagement or employment of, any person who at the date of Delivery of the Course, to your knowledge, is (or has agreed to be):
(a) An employee or consultant of Think Global; or
(b) A customer, supplier, licensor, licensee or collaborative partner of Think Global
18.1. Address for Notices: Notices to Think Global should be sent to e-mentor @think-global.org.uk or by post to the following address:
32-36 Loman Street
18.2. Form of Notices and Time of Receipt: Notices to you may be sent to you either by e-mail or to the postal address set out on the Registration Form. Notice will be deemed received twenty-four (24) hours after e-mail is sent or three (3) days after the date of posting.
19. LAW, DISPUTES AND JURISDICTION
19.1. These Terms (and all disputes, whether contractual or otherwise, arising out of or in connection with them) are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales to which jurisdiction the parties hereby irrevocably submit.