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.
2.1. 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 .
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 .
4.1. 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.
5.1. 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.
7.1. 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.
8.1. 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.
9.1. 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.
11.1. 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.
13.1. 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.
& 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
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.
& 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.
17.1. 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.
18.1. 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.