Best Management Practice Training and Consultancy

Terms and Conditions

Application and entire agreement

These Terms and Conditions apply to the provision of the training and exam services detailed on this website (Services) by Zindiak Limited a company registered in England and Wales under number 9207381 whose registered office is at DrakeHouse, Gadbrook Way, Gadbrook Park, Northwich, Cheshire, CW9 7RA (we or us) to the person buying the services (you).

 

You are deemed to have accepted these Terms and Conditions when you pay for the services and these Terms and Conditions and our description of services (the Contract) are the entire agreement between us.

 

You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

 

You accept that it is your responsibility that the services booked are suitable for your requirements. Our employees may recommend Services, however, the assessment and the final decision concerning suitability of the Services is your responsibility. In cases where we have made recommendations, we do so in good faith and will not be wilfully misleading. All Services are delivered in English and all students must be sufficiently proficient in English prior to the start of the Services.

 

Interpretation

A "business day" means any day other than a Saturday, Sunday or bank holiday.

 

The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.

 

Words imparting the singular number shall include the plural and vice-versa.

 

Services

We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the price quoted, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.

 

All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.

 

Fees

The fees (Fees) for the Services are set out on the website. All advertised fees exclude Value Added Tax (VAT). VAT is payable by all students. Companies may be able to claim VAT back from HMRC.

 

Fees exclude all expenses, including travel and accommodation, a student may incur in attending a course or exam.

 

Payment

All Fees, including VAT, are payable at the time of booking.

 

You must pay the Fees due within 5 days of the date of our invoice and a minimum of 10 working days prior to the start of the Services.

 

Payments made online or via our Freephone number by major credit and debit cards must be made at least 12 hours prior to the start of the Services.

 

Purchase Orders must clearly state:

  • P.O. Number
  • Course Title, Location and Date
  • Students Name and Contact Details
  • Full Invoice amount
  • Contact details for invoicing
  • Acceptance of these terms and conditions
  • (if applicable) Clear statement that any back of purchase order terms and conditions do not apply.

Time for payment shall be of the essence of the Contract.

 

All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.

 

If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.

Receipts for payment will be issued by us only at your request.

All payments must be made in British Pounds unless otherwise agreed in writing between us.

 

Only students who have paid in full prior to the start of the course are confirmed and able to attend the course.

Once payment is received the student is bound by these terms and conditions.

 

Refunds

No orders are confirmed until payment is received.

Once payment is received all orders are non-cancellable and non-refundable.

 

For the avoidance of doubt, if for any reason a student is unable to:

  • attend a course/exam, or
  • complete a course/exam

no refunds will be paid.

However, we will at our sole discretion allow the student to attend a future course at a reduced rate to cover the cost of a second exam.

 

Cancellation and amendment

If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party's control), we have to make any change in the Services or how they are provided, we will notify you immediately.

 

We will use reasonable endeavours to keep any changes to a minimum but reserve the right to:

  • Change any part of the services including:
    • Venue/Location
    • Start time/date

In the unlikely event that a course/exam is rescheduled, students may choose to swap to another course/exam that has places available. We will not be liable for any expenses incurred due to any changes to a course/exam.

 

Re-scheduling requests

Where a student wishes to attend a course or exam on a different date, we will consider this request provided that:

  • It is made in writing
  • It is made at least 10 working days prior to the start of the course
  • It is the first and only re-scheduling request for the booking

Admission

In our absolute discretion, we reserve the right to refuse admission to a course or exam to any person whom we consider to be unsuitable for any reason.

 

Certificates

All certificates provided are digital copies.

 

Additional fees are payable if paper certificates are required.

 

Copyrights

All intellectual property rights for all course materials shall remain our property. You agree not to reproduce, sell, hire, lend or copy the course materials or use them except for the purpose of personal reference. We warrant that we will not knowingly include any copyright material in our course materials without license or consent.

 

Deviation

No deviation from these terms and conditions will be allowed. No communication either verbal or printed will override these Terms and Conditions. If in any case any of these conditions shall be held to be invalid or shall not apply, the contract and the other conditions shall remain in force and effect.

 

Security

Our online payments are processed using a secure payment gateway. We don’t store any payment details (other than your name and contact details required for the course). We use the highest level of security and encryption methods available for processing payments online. We also strictly adhere to best practices of data protection and PCI compliance.

 

Sub-Contracting and assignment

We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.

 

You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.

 

Termination

We can terminate the provision of the Services immediately if you:

  • commit a material breach of your obligations under these Terms and Conditions; or
  • fail to make pay any amount due under the Contract on the due date for payment; or
  • are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
  • enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
  • convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.

Intellectual property

We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.

 

You may not copy, sell, reproduce, distribute, download, modify, display or prepare derivative works based on, repost, transmit or otherwise use any of the intellectual property of this site. Audio or video recording of courses is not permitted.

 

Liability and indemnity

Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.

 

The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.

 

We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions for:

  • any indirect, special or consequential loss, damage, costs, or expenses or;
  • any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
  • any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
  • any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
  • any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
  • Any loss of items that students bring with them when attending a course or exam.

You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.

 

Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.

 

Circumstances beyond a party's control

Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.

 

Communications

All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).

Notices shall be deemed to have been duly given:

  • when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
  • when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
  • on the fifth business day following mailing, if mailed by national ordinary mail; or
  • on the tenth business day following mailing, if mailed by airmail.

All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.

 

No waiver

No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.

 

Severance

If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

 

Law and jurisdiction

These Terms and Conditions are governed by and interpreted according to English law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.

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