Terms and Conditions for Training Courses

IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE ENROLING INTO A TRAINING COURSE OR ACCESSING OR DOWNLOADING ANY TRAINING MATERIALS:

This is a legal agreement between you (Licensee or you) and Get Trained Get Hired, Mississauga, ON, CANADA (Licensor or we) for your purchase of Get Trained Get Hired training courses and training materials which includes printed materials and online documentation.

1. THE PRODUCT – A DESCRIPTION

We describe our products as:

• Instructor Lead Training [ILT]
  • Students are required to attend a location where an instructor delivers the training
• eLearning [Online training]
  • Student can purchase a training activity online, access and complete the course online
• Distance Learning
  • Delegate can book the product online
  • With distance Get Trained Get Hired will send learning materials to the student for completion on receipt of full payment

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 or in our communication written or verbal to you via text, email, in person or phone call; and
• the purchase of the Training Courses and Training Materials includes the granting of a nonexclusive, 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.

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 to use such Training Materials in conjunction with the attendance of such course, as well as use such as a record of information for the term of this license provided that only the delegate of the relevant ILT Training Course may make such use of them.
• [IF YOU ARE AN E-LEARNING CUSTOMER] download and use the Documents for the purposes of completing the associated course online only either (as agreed between the parties):
  • on one CPU if the License is a single-user license or the Software is for single use; or
  • if the License is a multi-user or network license, by the number of concurrent users agreed between you and us.
• [IF YOU ARE A DISTANCE LEARNING CUSTOMER] receive and possess the Training Materials associated with the relevant Training Course purchased and to use such Training Materials in conjunction with the attendance of such course, as well as use such as a record of information for the term of this license provided that only the delegate of the of the relevant Distance Learning Training Course may make such use of them.
• [IF YOU ARE A BLENDED LEARNING CUSTOMER] have the same rights as may be appropriate with the three categories above.

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;
• 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;
• to include the copyright notice of Get Trained Get Hired on all entire and partial copies you may make of the Training Materials or Documents on any medium;
• 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. TRANSFERS AND CANCELLATION OF TRAINING COURSES

Transfers: Students may transfer their registration from online to in-person or vice versa and/or request to be moved to next batch, up to 2 business days prior to the original course date. Once a student has transferred no refund can be made. Only one transfer request by any student may be made. All such requests are subject to head office approval.

Cancelations: If a student fails to attend a training course, or a cancelation is sought after course(s) registration no refunds will be made and full payment will be required. All registration of courses is considered final.

No refunds shall be given for the cancellation of Distance Learning and Elearning courses no matter when cancellation is notified to us.

If we cancel a Training Course, or change course content: - we reserve the right to cancel a Training Course at any time, without incurring any additional liability to the Licensor or any delegate. In such circumstances, we will offer alternative dates or a credit note.

6. CONFIDENTIALITY

6.1 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:

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;
2. not publish Projects without the express prior written consent of the Licensee; and
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.

6.2 The Licensor shall procure that the obligations in clause 6.1 are observed by its employees, officers and agents.

6.3 The Licensor shall notify the Licensee immediately if it becomes aware of any disclosure in breach of the obligations in this clause 6. At the request of the Licensee, the Licensor will take all such steps as are necessary to prevent further disclosure.

6.4 The provisions of this clause 6 shall not apply to:

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;
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 6; or
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
4. any information obtained without any obligation of confidence from a third party that is not in breach of this Clause 6.

6.5 The provisions of this clause 6 shall be deemed effective from the date first presentation of a Project was made to the Licensor and shall remain in full force and effect for 10 years from that date.

7. INTELLECTUAL PROPERTY RIGHTS

You acknowledge that all intellectual property rights in the Training Materials and the Documentation anywhere in the world 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.

8. 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;

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 $300.

The Licensor's liability for infringement of third-party intellectual property rights shall be limited to breaches of rights subsisting in Canada.

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.

9. TERMS OF PAYMENT

Payment can only be made using an authorized credit card at the time of the transaction on our website, or by email money transfer (E-Transfer) and cash. Receipts for payment are provided in electronic format.

We take reasonable measures to ensure that our website is a secure site. Please see the terms and conditions of use of our website concerning access to it and use of the facilities on it. We take all necessary steps to ensure that any information provided by you for the purposes of payment will be kept secure.

10. WAIVER

If we fail, at any time during the term of this License, to insist upon strict performance of any of your obligations, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

11. ENTIRE AGREEMENT

These terms and any document expressly referred to in them represent the entire agreement between us in relation to the purchase of 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 us 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.

12. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

We have the right to revise and amend these terms and conditions from time to time.