- “The Client” – Any persons, persons, partnership or body corporate to whom and to which the company shall supply Services and to whom a copy of these Terms and Conditions shall have been supplied.
- “The Company” – Lammore USA Inc.
- “Services” – The provision of learning program/s or other services by the Company to the Client.
- “The Agreed Fee” – The amount to be paid for the Services in US dollars as stated within the online booking portal.
- “The Agreed Date” – The date or dates for the learning program commencement selected by the Client on the online booking portal.
- Unauthorized sharing, copying and reproduction of the Company’s online learning content is strictly prohibited and the Company reserves the right to recover loss of revenue, loss of profits and all other costs (including all legal costs) in the enforcement of this clause.
- The Client and the Company agrees that money damages alone would not be an adequate remedy for the breach of the provisions as stated within these Terms & Conditions and the Company shall be entitled to seek any legal remedy or relief to prevent any breach, or anticipated breach, by the Client as is deemed proper by a Court of competent jurisdiction. This right shall be in addition to the Company’s other rights in law or in equity.
NON TRANSFERRANCE AND MODIFICATIONS
- The learning program is allocated to a named individual/s as identified at the point of booking and such allocation once made cannot be transferred to any other named individual.
- The Company’s standard learning programs are not customizable in any way either by the Company or the Client.
PERIOD OF VALIDITY
- Learning programs are valid for a period of twelve (12) weeks from the program commencement date unless specified differently.
- The Client may only use the online content provided within each learning program during the valid period.
- Any content within the learning program that remains unused at the completion of the program shall be deemed used.
- The Client and the Company will keep all information disclosed to each other in the provision of the learning program/s confidential.
- The Company reserves the right to cancel, curtail or reschedule learning programs, in which case it will use reasonable endeavors to notify the Client. In the event of cancellation, the Company will offer the Client alternative commencement dates to choose from.
- The Client may not cancel their booking at any time however may request for the original learning program commencement date to be rescheduled on to a future commencement date. The Client may do this up to a maximum of two (2) occasions within a twelve (12) month period.
- The Client has no right to a refund of any fees paid in the event that they do not attend all or any of the learning program’s online live webinars or use the online content.
- The Company shall not be liable to the Client for any loss of revenue or profit arising out of or in connection with;
- An Agreement or
- Any breach or non-performance of an Agreement no matter how fundamental (including by reason of that party’s negligence)
- The Company shall not be liable to the Client for;
- Any direct loss.
- Any loss of goodwill, business, reputation or opportunity.
- Any loss caused by the supply of inaccurate or incomplete information.
- Any loss of or corruption of data or software.
- The Company’s total aggregate liability arising under or in connection with an Agreement or any breach or non-performance of it no matter how fundamental (including by any reason of that party’s negligence) in contract, tort or otherwise shall be limited to an amount equal to the Agreed Fee paid by the Client under that agreement.
- This Agreement constitutes the entire arrangement and understanding between the parties and supersedes and extinguishes all prior agreements, negotiations and discussions relating to the subject matter of this Agreement. Each party acknowledges that in entering into and performing this Agreement it does not do so on the basis of, and does not rely on any statement, representation, warranty or understanding other than as expressly contained in this Agreement.
- Any amendment to this Agreement must be in writing and signed on behalf of both parties.
- If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision. Failing such agreement, the provision shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Section shall not affect the validity and enforceability of the rest of this Agreement.
- Any waiver under this Agreement must be in writing signed by the party to be charged with such waiver. A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions. Failure or delay in exercising any right under this Agreement shall not prevent the exercise of that or any other right.
- No person other than a party to this Agreement shall be a third-party beneficiary of this Agreement or otherwise have any rights to enforce any terms of this Agreement.
- This Agreement and any dispute or claim arising out of or in connection with it or its shall be governed by and construed in accordance with the law of the State of New Hampshire and the parties submit to the exclusive jurisdiction of the State of New Hampshire or the U.S. Federal District Court for the District of New Hampshire to settle any such dispute or claim.