Important notice: Please read carefully before buying training courses or accessing or downloading any training materials from this website.
This is a legal agreement between you (Licensee or you) and [Visual BI Solutions Inc., 5600 Tennyson Pkwy, Suite 120, Plano TX 75024 ] (Licensor or we) for your purchase of Visual BI Training courses and training materials (“Training Courses”, “Training Materials” and “Training Programs” respectively), which includes printed materials and online documentation (Documentation).
By clicking on the “Place Order” button in our checkout page, you agree to these terms which will bind you and (if you are an employer) your employees. If you do not agree to these terms, we shall not sell Training Materials or Documentation to you and you must discontinue the purchasing process now.
1. THE PRODUCT – A DESCRIPTION
We describe our products as:
- Instructor Lead Training [ILT]
- Delegates are required to attend a location where an instructor delivers the training
- Delegate can book the product online
- Packaged Training Services
- Any combination of the above services, in a series of training modules specifically created for your own requirements.
Please note that we reserve the right to change the course content of any Training Course at any time and without notice.
2. THE SALE
The purchase of Training Courses and Training Materials are subject to the following:
- the prices set out for the relevant product on our website; and
- the purchase of the Training Courses and Training Materials includes the granting of a non exclusive, non-transferable license to use the Training Materials and the Documentation on the terms of such license, which are set out in the following clause.
Method of Delivery for Training Courses: once your registration for a Training Course has been successfully processed, you will receive an email confirming name of the course, course agenda, and location of delivery.
3. THE LICENSE
You may:
- [IF YOU ARE AN ILT CUSTOMER] receive and possess the Training Materials associated with the relevant Training Course purchased and use such Training Materials in conjunction with the attendance of such course.
- [IF YOU HAVE PURCHASED PACKAGED TRAINING SERVICES] enjoy all general rights that may be relevant to the specific training packaged for your needs, coupled with a license to use the materials, the scope of which we have agreed with you when providing the packaged services.
4. LICENSEE’S UNDERTAKINGS
Except as expressly set out in this License you undertake (and you undertake to procure that your employees or any other delegate attending a Training Course on your behalf or on your account so undertakes):
- not to copy the Training Materials or Documentation except where such copying is incidental or necessary for the purposes of completing the relevant Training Course and to include the copyright notice of Visual BI Solutions on all entire and partial copies you may make of the Training Materials or Documents on any medium;
- not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Training Materials or Documentation;
- not to alter, or modify, the whole or any part of the Training Materials or Documentation, nor permit the Training Materials or any part of them to be combined with, or become incorporated into, any other materials;
- to supervise and control use of the Training Materials and Documents and ensure that they are used by your employees and representatives in accordance with the terms of this License;
- not to provide or otherwise make available the Training Materials or Documentation in whole or in part, in any form to any person without prior written consent from the Licensor.
5. CONFIDENTIALITY
5.1 With regard to any materials that the Licensee may produce to the Licensor during a Training Course pursuant to the curriculum of that Training Course (the “Projects”), The Licensor shall:
5.1.1. Keep confidential all know-how, including commercial and financial information, that is of a confidential nature, disclosed by the Licensee to the Licensor in a Project;
5.1.2. Not publish Projects without the express prior written consent of the Licensee; and
5.1.3. Disclose know-how, and any other confidential information in Projects, only to those persons necessary for the purposes of the relevant Training Course and only to the extent necessary for the proper performance of their duties.
5.2 The Licensor shall procure that the obligations in clause 5.1 are observed by its employees, officers and agents.
5.3 The Licensor shall notify the Licensee immediately if it becomes aware of any disclosure in breach of the obligations in this clause FIVE. At the request of the Licensee, the Licensor will take all such steps as are necessary to prevent further disclosure.
5.4 The provisions of this clause 5 shall not apply to:
5.4.1. Any Project that is required to be disclosed to any third party pursuant to the curriculum of the Training Course in which it was produced and the Licensee was aware of this requirement at the time of presenting the Project to the Licensor;
5.4.2. Any information which is in the public domain at the date of the presentation of the Project to the Licensor, or which subsequently comes into the public domain other than by breach of this clause 5; or
5.4.3. Any information already in the possession of the Licensor at the date of presentation of the Project, other than under an obligation of confidentiality; or
5.4.4. Any information obtained without any obligation of confidence from a third party that is not in breach of this Clause 5.
5.5 The provisions of this clause 5 shall be deemed effective from the date the first presentation of a Project was made to the Licensor and shall remain in full force and effect for 10 years from that date.
6. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all intellectual property rights in the Training Materials and the Documentation anywhere belong to the Licensor, that rights in the Training Materials and the Documentation are licensed (not sold) to you, and that you have no rights in, or to, the Training Materials or the Documentation other than the right to use them in accordance with the terms of this License.
7. LICENSOR’S LIABILITY
Nothing in this License shall exclude or in any way limit the Licensor’s liability for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent that it may not be excluded or limited as a matter of law.
The Licensor shall not be liable under, or in connection with, this License or any collateral contract for:
- loss of income;
- loss of business profits or contracts;
- business interruption;
- loss of the use of money or anticipated savings;
- loss of information;
- loss of opportunity, goodwill or reputation;
- loss of, damage to or corruption of data; or
- any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise;
- except for matters caused by the Licensor’s negligence or wilful default (or that of its employees and agents), the Licensor shall not be liable to you for any loss, harm or damage caused to any candidate, candidate’s property or your premises for any courses conducted by the Licensor on your premises. You agree to indemnify and hold harmless the Licensor against all cost or losses suffered or incurred by the Licensor due to claims, demands, suits, proceedings, actions, losses, judgments, damages, costs (including all reasonable legal fees), expenses, fines or penalties or actions against the Licensor arising out of or relating to a third party’s any alleged harm, loss or damage caused to a candidate’s person, property, or to your premises on which the course relevant to such candidate takes place, due to any cause other than the Licensor’s negligence or wilful default (or that of its employees and agents).
Subject to what is provided above, the Licensor’s maximum aggregate liability under or in connection with this License, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall be limited to a sum equal to $500.
The Licensor’s liability for infringement of third-party intellectual property rights shall be limited to breaches of rights subsisting in the United States of America.
These terms set out the full extent of the Licensor’s obligations and liabilities in respect of the supply of the Training Courses, Training Materials and Documentation. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on the Licensor except as specifically stated in this License.
8. TERMS OF PAYMENT
Payment can only be made using an authorized credit card at the time of the transaction on our website, or by invoice. Receipts for payment are provided in electronic format.
We take reasonable measures to ensure that our website is a secure site. We take all necessary steps to ensure that any information provided by you for the purposes of payment will be kept secure.
Invoices payment terms are 30 days from date of invoice or at least 5 working days before the start of the course, whichever is sooner.
If any information that you have given to us proves to be incorrect, which has resulted in our not charging you the correct fee for the courses that you are buying, we reserve the right to adjust the fee (upwards or downwards) so that it is the correct fee for your circumstances.
9. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control.
Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
10. ADMISSION POLICY
Visual BI Solutions reserves the rights of admission to our Training Programs. We shall terminate any order that does not comply with all our Terms and Conditions. Refund of any amount paid for the Training Programs will be processed within a week post deduction of payment gateway/bank charges if any.
Note: As a policy we do not allow registrations from System Integrators, Staffing & Recruitment Companies and Independent Consultants.
11. GENERAL
Any notice required or permitted to be given by either party to the other under these terms shall be in writing.
If any provision of these terms is held by any 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 thereby.
[This Agreement is governed by and shall be construed in accordance with the laws of the State of Texas, without reference to conflicts of laws principles. Each of the Parties irrevocably submits to the exclusive jurisdiction of the state and federal courts situated in the State of Texas for purposes of any suit, action or other proceeding arising out of this Agreement or any transaction contemplated hereby and agrees not to commence any action, suit or proceeding relating hereto except in such courts.]
12. ENTIRE AGREEMENT
These terms and any document expressly referred to in them represent the entire agreement between the Licensor and Licensee in relation to the purchase of Training Programs, Training Courses, Training Materials and Documentation and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into these terms, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between the Licensor and Licensee prior to entering into these terms, except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of entering into these terms (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
13. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time without any prior notification.