In this document 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 – “Customer / Client / Participant” means the organisation or person who purchases goods and services from IAPD
1.3 – “Workshop / Program / Training” means a statement of work, quotation or other similar document describing the services to be provided by the supplier
1.4 – “Supplier” means IAPD
1.5 – “Unforeseen Event” means any Natural Calamity or Disaster, Acts of God, Disease, Virus or Spread thereof, Acts of War, Civil Disturbances, governmental orders, suspension of services related to transportation, accommodations or any other circumstance outside of IAPD direct control
2.1 – These Terms and Conditions shall apply to all contracts for the supply of services by IAPD to the Customer.
2A. Natural Disasters, Acts of God, Disease, Acts of War, etc.
2A.1 In the event of any Natural Calamity or Disaster, Acts of God, Disease, Virus or Spread thereof, Acts of War, Civil Disturbances, governmental orders, suspension of services related to transportation, accommodations or any other circumstance outside of IAPD direct control.
2A.2 In the event of any unforeseen event as defined by Clause2A, IAPD is not liable for any refund, at any time prior to any training course affected by any unforeseen event as defined by Clause 2A. IAPD will offer an alternative to any training course affected by any unforeseen event as defined by Clause 2A, within a reasonable period of time and appropriate venue within a reasonable travelling distance or via the online medium of the affected training course.
3. PRICES, PAYMENT and REFUNDS
3.1 – Where early booking prices and promotional offers are available for courses, the early booking price is only available until the expiry date of the specific promotion. After the expiry date of an offer, the course will become available at an increased price. We are not liable to refund fee differences that may arise due to participants booking at different times, discounts etc.
3.2 – Public courses; where an early booking price is in place, invoiced amounts for public courses shall be due on the date stated in the invoice to secure the early booking discount. If the invoice is settled later than the date stated in the invoice any increase in the course price becomes due.
3.3 – Corporate courses; when the course is delivered in-house to a company. IAPD will invoice the company 14 days in advance of the workshop with a settlement date of 28 days from the date of invoice. IAPD is entitled to charge interest on overdue invoices from the date when payment becomes due at the rate of 1% per annum above the RBI base rate.
3.4 – Should a purchase order be required for payment of the invoice, it is the delegate’s responsibility to ensure IAPD LLP has the full details and agreed purchase order number before the services are supplied.
3.5 – Attendance for the programme will only be secured when full payment has been received.
3.6 – For certification courses, unless stated otherwise on the course page, course fees and certification fees are separate. Attendance on the course does not guarantee certification.
3.7 – No time limit is imposed for achieving certification. If a delegate does not pass the certification on the course, the delegate will be given specific feedback regarding development areas and will be invited back to demonstrate competency in the said areas at a later date.
3.8 – All public programs have limited seats, where every participant matters. Hence, we do not encourage cancellations. However, if due to some unavoidable reason you are unable to attend, let us know at least 24 hours before the start of the workshop and we will do our best to adjust this amount against a future workshop (over the next 12 months).
4. CUSTOMER’S OBLIGATIONS
4.1 – To enable IAPD to perform its obligations under this Agreement the Customer shall:
4.2 – Co-operate with IAPD
4.3 – Provide IAPD with any information reasonably required that is useful for the training
5. DELIVERY AND PROGRAM INFORMATION
5.1 – The times of delivery specified by IAPD are an estimate only. Time for delivery shall not be the essence of the contract and IAPD 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 – Some workshops and programmes are recorded via audio and video. IAPD will also record workshops and excerpts from certified programmes. IAPD reserves the right to use this material for marketing.
5.3 – If you have any reason to not be happy with the above please email firstname.lastname@example.org
6.1 – For the avoidance of doubt, no description, specification or illustration contained in any product pamphlet or other sales or marketing literature of the IAPD, and no representation written or oral, correspondence or statement shall form part of the contract.
6.2 – No unauthorised use of the IAPD logo is permitted at any time.
6.3 – Some workshops and programmes are recorded via audio
6.4 – It may be necessary, for reasons beyond the control of IAPD to change the venue, dates and/or trainers.
6.5 – All advertised programmes may be upgraded by the IAPD i.e. venue, use of more appropriate trainers or amendments to the programme in any way, to enhance your learning.
6.6 – Should IAPD change the programme venue, you will receive written or electronic confirmation with sufficient notice.
6.7 – IAPD is not liable for any additional travel and accommodation costs the delegate may incur should the program dates or venue be altered.
7. LIMITATION OF LIABILITY
7.1 – Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of IAPD to the Customer 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 Customer to which the claim relates.
7.2 – In no event shall IAPD be liable to the Customer 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 Customer incurring such a loss.
7.3 -Nothing in these Terms and Conditions shall exclude or limit IAPD liability for death or personal injury resulting from IAPD negligence or that of its employees, agents or sub-contractors.
8. INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT
8.1 – 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 IAPD, and the Customer shall do all that is reasonably necessary to ensure that such rights vest in IAPD by the execution of appropriate instruments or the making of agreements with third parties.
8.2 – Each learner is presented with course materials for personal use. Course materials provided by the IAPD are the copyright of the IAPD unless otherwise stated. The participant/customer agrees not to make copies of any learning materials.
9. INDEPENDENT CONTRACTORS
9.1 – IAPD and the Customer 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. IAPD may, in addition to its own employees, engage sub-contractors to provide all or part of the services being provided to the Customer and such engagement shall not relieve IAPD of its obligations under this Agreement or any applicable Specification Document.
10.1- The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of WyoW Consulting
11.1 – Any notice to be given by either party to the other may be served by email, fax, 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 sent by fax shall be deemed to be served on receipt of an error-free transmission report, if given by letter it 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 postal services.
12.1 – 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 any time subsequently to enforce all Terms and Conditions of this Agreement.
13. ENTIRE AGREEMENT
13.1 – 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.
14. NO THIRD PARTIES
14.1 – Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
15. GOVERNING LAW AND JURISDICTION
15.1 – This Agreement shall be governed by and construed in accordance with the Indian law and the parties hereby submit to the exclusive jurisdiction of the Indian courts.
ITO, New Delhi