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1. INTRODUCTION
1.1. Courses: Global Export Courses Limited (Gibraltar), trading as ExportIndia.co.in is a provider of international trade and logistics training courses and related materials and products which are On-Line via the world-wide web ( the ‘Web’).
1.2. Course Details: Details of the Course available from ExportIndia.co.in are set out on the Website (www. ExportIndia.co.in)
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 ExportIndia.co.in , including agreements which constitute ‘distance contracts’ (a ‘Distance Contract’) under the Consumer Protection (Distance Selling) Regulations 2000 to the extent it is applicable.
2. DEFINITIONS
2.1. Definitions: In these Terms, the following expressions shall have the
meanings set against them unless the context is inconsistent therewith:
a. “ExportIndia.co.in ” is the trading name.
b. “Course Materials” means any documentation, text, imagery, examinations,
articles, web pages, online modules or consulting project materials provided as
part of a Course;
c. “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 as the case may be;
d. “Live Courses” means Courses delivered face-to-face by consultants or
employees.
e. “On-Line Courses” means Courses delivered via the Web;
f. “Remote Courses” means Courses involving the remote delivery of hard copy
materials or materials on hard media such as CD ROM or Webinars;
g. Regulations: Any reference to a Regulation in these Terms is a reference to
one of the Consumer Protection (Distance Selling) Regulations 2000;
h. “Website” refers either to the website at www.ExportIndia.co.in or any
other website controlled by ExportIndia.co.in ; and
i. ‘You’ means any person who uses the Website, Courses or whose order for
Courses is accepted by ExportIndia.co.in .
2.2. Interpretation:
a. a person includes a natural person, corporate or unincorporated body
(whether or not having separate legal personality);
b. a reference to a party includes its personal representatives, successors or
permitted assigns;
c. a reference to a statute or statutory provision is a reference to such
statute or statutory provision as amended or re-enacted. A reference to a
statute or statutory provision includes any subordinate legislation made under
that statute or statutory provision, as amended or re-enacted;
d. any phrase introduced by the terms including, include, in particular or any
similar expression shall be construed as illustrative and shall not limit the
sense of the words preceding those terms; and
e. a reference to writing or written includes faxes, and e-mails.
3. YOUR ACCEPTANCE
OF THESE TERMS
3.1. Acceptance: By registering to use the Website or by otherwise agreeing to
be supplied with any Course, you agree to be legally bound by these Terms, and
that your use of the Website and such Course(s) will be on these Terms alone.
3.2. Amendment: ExportIndia.co.in reserves the right to change these Terms from
time to time. Any such change shall be available for review on the Website.
Some of the provisions contained in these Terms may also be superseded by
provisions or notices published elsewhere on our site or in documentation made
available to you. 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. ExportIndia.co.in will be bound by any amendment to these Terms
only to the extent that such amendments have been approved in writing by a
Director or the Company Secretary of ExportIndia.co.in .
4. PRICE
4.1. Price List & Changes: Except as otherwise expressly agreed by ExportIndia.co.in
in writing, the price of each Course
shall be the price listed in ExportIndia.co.in 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 ExportIndia.co.in , the listed price excludes VAT
where applicable. The price of each Course is subject to change at any time at ExportIndia.co.in
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. Quotations: Quotations for tailored courses are given on the basis of
reasonable assumptions about costs. Notwithstanding any quotation, ExportIndia.co.in
may increase the invoiced price of
tailored courses in proportion to the difference between assumed costs and the
actual costs (whether direct or indirect) incurred by ExportIndia.co.in in the development, production or supply of
the Tailored Courses up to the date on which they are presented or delivered.
All quotations for the supply of Tailored Courses shall be valid for thirty
(30) days from the date of the quotation by ExportIndia.co.in .
4.3. Expenses: ExportIndia.co.in may
charge you additional expenses over and above the price of Course. If ExportIndia.co.in
needs to charge such expenses you will
be notified of them in writing.
4.4. Taxes: All prices shall be subject to the addition of Value Added Tax
(where applicable) or any other tax payable.
5. PAYMENT
5.1. Time of Payment: Payment for all Courses shall be made before commencement
of the Course.
5.2. Interest: If for any reason payment is not before commencement 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 Delivery 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 (or such other currency as agreed between you and ExportIndia.co.in )
by credit or debit card or such other method as may be specified by ExportIndia.co.in
(this is for retail purchases).
5.4. Security: For payment with Credit Card, ExportIndia.co.in 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
PayPal Inc. 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 ExportIndia.co.in
has no responsibility or liability for
these independent practices.
5.5. Your credit card statement will read “Export India”
6. ACCEPTANCE &
CANCELLATION OF ORDERS FOR RETAIL/INTERNET PURCHASES ONLY
6.1. Offer and Acceptance: The ExportIndia.co.in price lists constitute legally binding offers:
ExportIndia.co.in 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 ExportIndia.co.in dispatches its acceptance of your order to
you.
6.2. Cancellation Right: If you are a consumer, 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. A “Cancellation Period” 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 (Returns
Procedure) of these Terms.
6.3. Limit on Cancellation Right: Except as otherwise agreed between you and ExportIndia.co.in
, 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 or you have logged into the online
training section of the website. You will not be able to cancel the contract if
you are not a consumer.
7. CANCELLATION
PROCEDURE
7.1. Notice of Cancellation: If you are entitled to cancel a Course pursuant to
clause 6 (Acceptance & Cancellation of Orders for Retail/Internet Purchases
Only) of these Terms, notice of cancellation of any such Course must be given
by email or recorded delivery post to the relevant address set out in Clause 18
(Notices). Notice of cancellation cannot be given by telephone.
8. RETURNS
PROCEDURE
8.1. Returns Procedure: Where ExportIndia.co.in has sent out Course Materials that are
specific to the Course, we will accept such 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: ExportIndia.co.in 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, ExportIndia.co.in
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: ExportIndia.co.in 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 ExportIndia.co.in in the manner
set out in Clause 18 (Notices) with details of your original order number and
receipt. If ExportIndia.co.in 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: ExportIndia.co.in will arrange to collect the Course Materials
to be returned. You will then receive an e-mail notice that your return is
registered with ExportIndia.co.in carrier who will collect the goods within five
(5) working days of your contacting ExportIndia.co.in 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.
8.6. For the avoidance of doubt, you understand that the returns procedure will
not apply to On-Line Courses or webinars.
9. INTELLECTUAL
PROPERTY RIGHTS
9.1. Ownership: ExportIndia.co.in or its
licensors own all title, interest, 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 Courses
and Course Materials. Subject to clause 9.2 below, 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, reverse engineer, disassemble or decompile
any Course Materials or any aspect of the Website, or otherwise amend the same
otherwise than in accordance with applicable law.
9.2. Limited License: Except as otherwise expressly stated 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 ExportIndia.co.in and shall
be regarded as a material breach of these Terms.
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 license
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 license agreement unless you first agree to the
terms of such license 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 license directly against you. For any content or software not
accompanied by a license agreement, ExportIndia.co.in hereby
grants to you a revocable personal non-transferable license 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 you or 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. ExportIndia.co.in 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 licence, endorsement or non-endorsement thereof by ExportIndia.co.in and ExportIndia.co.in assumes no responsibility to you in relation
to any use by you of such Trademarks.
9.5. Where the Courses or the Website contains links to other sites or
resources provided by third parties, these links are provided for your
information only. ExportIndia.co.in has
no control over the contents of those sites or resources, and accept no
responsibility for them or for any loss or damage that may arise from your use
of them.
9.6 Search Programs: The deployment within the Website of any spider, robot,
web crawler or other automated query program is forbidden.
9.7. Reservation of Rights: All rights not expressly granted to you under these
Terms are reserved to ExportIndia.co.in .
9.8. ExportIndia.co.in will retain
copyright in relation to all Course Materials and any material that is authored
by you in connection the Course Materials material.
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: Subject to clause 10.3, ExportIndia.co.in 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 where it considers it is necessary to do so as
a result of commercial requirements, legal or regulatory requirements or
matters outside its reasonable control.
10.3 If you buy a Course(s) as a Consumer and ExportIndia.co.in is required to cancel such Course, resulting
in it not being provided or sent to you (as the case may be), ExportIndia.co.in
will refund these amounts to you. You
shall not be entitled to any other remedy except the refund of amounts paid by
you.
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 ExportIndia.co.in . The
information requested to be provided on the Registration Form
must be current, complete and accurate. Registration is subject to acceptance
or refusal by ExportIndia.co.in 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 including the fees for accessing of any Course
by an unauthorized person as a result of your negligence or willful default.
You must notify ExportIndia.co.in 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.
Incisive Training 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 ExportIndia.co.in as a result of someone else using your
password or account.
12. NOT USED.
13. INDEMNITY
13.1. You agree to indemnify ExportIndia.co.in in respect of any costs, claims, demands,
losses or liabilities (including reasonable legal fees) incurred by ExportIndia.co.in
as a result of or arising in any way
from a claim by a third party which results from any act or omission which
results in a breach of the provisions contained in these Terms.
14. WARRANTIES
& SERVICE EXCLUSIONS
14.1. Warranties: ExportIndia.co.in warrants that the Courses and the Website
shall be provided with reasonable skill and care by qualified and experienced
consultants, 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, ExportIndia.co.in 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: ExportIndia.co.in will endeavor 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 ExportIndia.co.in . ExportIndia.co.in
shall not be responsible in any way for
the content of any such other websites. You acknowledge that ExportIndia.co.in provides such links only as a convenience. The
inclusion of any link does not imply any kind of endorsement by ExportIndia.co.in
.
14.3. Changes to Courses: ExportIndia.co.in 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 ExportIndia.co.in nor any other ExportIndia.co.in 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: Except as expressly provided for in these Terms or
any Quotation, ExportIndia.co.in is
providing access to Courses, the Website and associated programs, on an “as is”
and “as available” basis. ExportIndia.co.in makes no representations or warranties, and
there are no conditions, endorsements, guarantees, representations or
warranties of any kind either express or implied, (including without limitation
any express or implied warranties or conditions of quality, performance,
results, fitness for a particular purpose, merchantability, merchantable
quality, durability, title, non-infringement or arising by statute or otherwise
in law or from a course of dealing or usage of the trade) arising out of or
related to these Terms or arising out of or related to the Courses, Course
Materials or any associated programs, processes, products or services or their
performance or their failure to perform. Any such warranties implied howsoever
into these Terms are expressly excluded to the fullest extent permissible by
law. The above warranties are ExportIndia.co.in 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: Notwithstanding anything to the contrary in these
Terms, nothing in these Terms shall operate to exclude or limit ExportIndia.co.in
liability for:
(a) Fraud, death or personal injury caused by the negligence of ExportIndia.co.in
, 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, ExportIndia.co.in 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, income, anticipated profits, revenues or anticipated
savings, goodwill or business opportunity, or;
(b) Loss of data, wasted management or office time, or;
(c) Indirect, special 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 ExportIndia.co.in
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 the sum paid by you to ExportIndia.co.in .
15.4. Force Majeure: ExportIndia.co.in shall not be liable to you for any failure or
delay in the performance of its obligations under these Terms caused by
circumstances beyond its reasonable control.
16. TERMINATION
& ACCESS RESTRICTION
16.1. ExportIndia.co.in 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.
17. GENERAL
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) ExportIndia.co.in employees, agents,
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
and except as provided in 17.2(a) above the Contracts (Rights of Third Parties)
Act 1999 shall not apply to these Terms.
17.3. Communications: All correspondence with the lecturers, trainers,
consultants, authors or anyone else providing training or Course Material on
behalf of ExportIndia.co.in must go
through ExportIndia.co.in .
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 ExportIndia.co.in. Any such assignment
without ExportIndia.co.in express prior
written authorization shall be null and void and of no effect. Subject to the
foregoing, this Agreement shall inure to the benefit of and be binding upon ExportIndia.co.in
successors and assigns. Further, ExportIndia.co.in
may perform all obligations, if any, to
be performed by ExportIndia.co.in under
this Agreement directly or may have some or all obligations performed by its
affiliates, agents and/or independent contractors.
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 ExportIndia.co.in ) attempt to solicit or entice
away from ExportIndia.co.in 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 ExportIndia.co.in ; or
(b) a customer, supplier, licensor, licensee or collaborative partner of ExportIndia.co.in
17.6. Entire Agreement: These Terms constitute the entire agreement of the
parties with respect to the subject matter of these Terms and cancels and
supersedes any prior discussions, correspondence, understandings, agreements,
or communication of any nature relating to the subject matter of this
Agreement.
17.7. Waiver: ExportIndia.co.in shall
not be deemed to have waived or forfeited any right under these Terms, whether
on the basis of failure, delay or any other legal or equitable doctrine, unless
such waiver is made in writing and signed by an authorized signatory of ExportIndia.co.in
. For the avoidance of doubt, any waiver of any provision, or any breach of any
provision, of these Terms in one instance shall not constitute a waiver as to
any other instance.
17.8 Relationship: These Terms do not create any agency or partnership
relationship between the parties.
17.9. Remedies: No remedy herein conferred upon ExportIndia.co.in is intended to be, nor shall it be construed
to be, exclusive of any other remedy provided herein or available at law or in
equity, but all such remedies shall be cumulative.
17.10: Survival: The terms, conditions and warranties contained in these Terms
that by their sense and context are intended to survive the performance shall
so survive the completion of performance or termination of these Terms.
17.11. Use of Data: By you submitting personal information to ExportIndia.co.in
which may include, without limitation, a
name, address, email address, authorized payment method account details,
verification of identification, or telephone number, usage information, you
consent to the collection, use, processing, transmission, and/or disclosure of
such information by ExportIndia.co.in , its affiliates, agents and/or
independent contractors, for: (a) the internal use of ExportIndia.co.in and its affiliates, including, without
limitation: (i) understanding and meeting your and our client’s general needs
and preferences; and (ii) managing and developing ExportIndia.co.in business and operations; (b) any purpose
related to the provision your use of Website or Courses or related processes,
programs, products and/or services; and (c) any purposes permitted or required
by any applicable law.
18. NOTICES
18.1. Address for Notices: Notices to ExportIndia.co.in should be sent to marcus@ExportIndia.co.in
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 Gibraltar and are subject to the exclusive jurisdiction of the Courts of Gibraltar to which jurisdiction the parties hereby irrevocably submit.