1.1. Courses: The Academy of Professional Investigation Limited (“API”) is a provider of Investigation training courses and related materials and products (“Courses”). Courses can be delivered at the API offices or in-house at your premises, at public venues, or via the world-wide web (‘the Web’). Courses may be tailored (‘Tailored Courses’) or standard (‘Standard Courses’).
1.2. Course Details: Details of the Courses available from the API are set out on the Website (www.pi-academy.com), as defined below.
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 the API, including agreements which constitute ‘distance contracts’ (a ‘Distance Contract’) under the Consumer Protection (Distance Selling) Regulations 2000.
2.1. Definitions: In these Terms, the following expressions shall have the meanings set against them unless the context is inconsistent therewith:
(a) “Course Materials” means any documentation, articles, web pages, online modules or consulting project materials provided as part of a Course;
(b) ” The Academy of Professional Investigation (API) whose registered office
is at The Priory Syresham Gardens Haywards Heath West Sussex RH16 3LB
(c) “Live Courses” means Courses delivered face-to-face by API Training consultants or employees;
(d) “On-Line Courses” means Courses delivered via the Web;
(e) “Remote Courses” means Courses involving the remote delivery of hard copy materials or materials on hard media such as CD ROM
(f) ‘You’ means any person who uses the Website or whose order for Courses is accepted by the API.
(g) “Website” refers to the website at www.pi-academy.com , a service provided by the API, or any other website controlled by the API.
2.2. Delivery: “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.
2.3. The Regulations: Any reference to a Regulation in these Terms is a reference to one of the Consumer Protection (Distance Selling) Regulations 2000.
3. YOUR ACCEPTANCE OF THESE TERMS
3.1. Acceptance: By registering to use the Website or by otherwise agreeing to be supplied with the Courses, you agree to be legally bound by these Terms, and that your use of the Website and the Courses will be on these Terms alone.
3.2. Amendment: The API reserves the right to change these Terms from time to time. 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. The API will be bound by anyamendment to these Terms only to the extent that such amendments have been approved in writing by a Director or the Company Secretary of the API.
4.1. Price List & Changes: Except as otherwise expressly agreed by the API in writing, the price of each Course shall be the price listed in the API 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 the API, the listed price excludes VAT where applicable. The price of each Course is subject to change at any time at the API’s 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.
Whilst we try to ensure that all the prices on our Website are accurate, errors may occur. If we discover an error in the price of the goods you have ordered we will inform you as soon as reasonably possible.
4.2. Quotations: Quotations for Tailored Courses are given on the basis of reasonable assumptions about costs. Notwithstanding any quotation, the API 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 the API in the development, production orsupply 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 the API. The API reserves the right to alter prices after this date without giving prior notification.
4.3. Expenses: The following expenses (if incurred) shall be charged to you as separate items, unless otherwise indicated in our quotation or agreement:
(a) production of Course Materials;
(b) cost of carriage of goods to support Tailored Courses and all Tailored Course Materials;
(c) any additional costs such as the hiring of equipment, the venue, or the cost of any extra consultancy and/or training time;
(d) any other additional costs (e.g. consultant travel costs, accommodation, etc.);
(e) any additional material written for you in connection with your use of the Website;
(f) any additional programming or tailoring of any website, branding, the creation of chat room facilities, forums, or other special features;
(g) costs of administering website users and examination re-sit fees;
4.4. Taxes: All prices shall be subject to the addition of Value Added Tax (where applicable) or any other tax payable.
5. PAYMENT & INSTALMENTS
Please read these terms carefully before using the online payment facility. By using the online payment facility on this website you accept these terms. If you do not accept these terms do not use this facility.
5.1 Definitions & interpretation
The terms used in this agreement have the meanings set out below unless the context requires otherwise:
• “Card supplier” means the institution which owns the debit or credit card you are using on the Online Payment Facility
• “Instalment terms” means the set period and dates over which payment will be charged to the debit or credit card you are using on the Online Payment Facility
• “Online payment facility” means the internet based payment system operated on behalf of the Academy.
• “Recurring card payment” means payment collections initiated by the Academy to collect amounts due under the Instalment Terms.
• “Student account” means the account operated and maintained by the Academy to record the fees, charges, fines or other debts owed to it by an individual student.
• “The Academy” means The Academy of Professional Investigation Ltd, registered address: The Priory, Syresham Gardens, Haywards Heath RH16 3LB United Kingdom.
• “You” means the individual setting up a payment via the online payment facility
All payments are subject to the following conditions:
• You warrant that in using the online payment facility you are authorised to use the debit or credit card for the payment or payments you are making.
• Payments received will not be posted to the student account to which you are making a payment until the following working day.
• The Academy cannot accept liability for a payment not reaching the correct student account where payment is refused or declined by the Card Supplier for any reason.
• If the card supplier declines payment, the Academy is under no obligation to bring this fact to your attention. It is your responsibility to check with the Card Supplier that payment has been deducted from the debit or credit account.
• The Academy will not be liable for any damages whatsoever arising out of the use, inability to use, or the results of use of this site, any websites linked to this site, or the materials or information contained at any or all such sites, whether based on warranty, contract, tort, delict or any other legal theory and whether or not advised of the possibility of such damages.
• Time of Payment: Payment for all Courses shall be made prior to the commencement of the programme
• Security: For payment with Debit/Credit Card, the API 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 card number and contact information will be provided to the relevant credit card company (“the Credit Card Company”). The Credit Card Company has its own privacy and data collection practices and the API has no responsibility or liability for these independent practices.
• Method of Payment: Payment for all Courses shall be made in pounds sterling (or such other currency as agreed between You and the API) by credit or debit card or such other method as may be specified by the API
By accepting these terms and conditions, you authorise the Academy to charge the debit or credit card account you have provided for the instalment term you have selected.
5.2 Instalment terms
When opting to pay in instalments you are agreeing to purchase the full course and make payments in equal instalments depending on the instalment option chosen.
• Quarterly Course option
After the initial payment there will be three equal reoccurring payments taken every 3 months after this date that amount to the total cost of the full course.
• Half Course option
After the initial payment there will be one equal reoccurring payment six months after this date that amounts to the total cost of the full course.
You agree that there will either be sufficient availability under the credit card limit or sufficient funds in the debit card account to make the recurring card payments when they fall due under the instalment terms.
If a recurring card payment collection fails the Academy will make a second attempt at collection five working days after the first attempt.
If a second collection attempt fails the instalment terms become void and the outstanding amount will fall due for immediate payment. A £25.00 administration fee will also be applied to the student account; this fee will also be due for immediate payment.
5.3 Non-Payment of Fees either in whole or in part
In the event of non payment of part or all fees by the sponsoring organisation, the outstanding amount will be invoiced to the student and be payable upon receipt.
In the event that a student who has elected to pay in instalments does not pay for part or all of their fees by the agreed date or within one year of the initial purchase whichever comes first, the FULL fee will be payable immediately.
5.4 Debt Sanctions
Fees are payable under the terms specified above, by the due dates specified unless special arrangements have been agreed in writing with the Academy.
In the event of non payment of fees in accordance with our payment terms, debt sanctions will be applied without further notice, until such time as payment is received and cleared by the bank.
The payment of the correct fees is the responsibility of the student. Any student who fails to settle the charges within the prescribed dates will be liable to suspension from the Academy and then have his/her Academy registration cancelled after 14 days written notice from the Academy.
Suspension from the Academy means a total prohibition on attendance at or access to the Academy and on any participation in Academy activities including examinations and not being permitted to use library or computing facilities or services including Student Portal, permitted to have coursework or examination results ratified by the Exam Board, permitted to graduate or re-enrol.
In addition, the Academy may take legal action, through the Courts, to recover any outstanding debts.
By law, customers located in the United Kingdom have the right to withdraw from the purchase of an item within seven working days of the day after the date the item is delivered. For more information see Your Statutory Rights online.
Where you are choosing to withdraw from your purchase within the seven working day cooling-off period following receipt of your order, and there has been no error on our part, we will refund the cost of the item only. When returning an order within the seven working day cooling-off period you are obligated under the DSR regulations to return the order (items) exactly as supplied, complete with all accessories and seals / shrink wrap where applicable intact. Items must not have been used and must be returned in a saleable condition.
Items such as CD-ROMs’/software/Audio & Video’s are excluded from this policy. :
We will not refund postage charges.
Where we collect an item from you or use our returns service, we reserve the right to recover the full costs of collection. If you use a personalised pre-paid return label, we will deduct this return postage service cost from your overall refund. If you are not intending to use our returns service, but instead wish to return the item of your own accord please ensure you have the necessary returns authorisation by requesting details online, ensure that your item is returned using a traceable postage method.
6. ACCEPTANCE & CANCELLATION OF ORDERS FOR RETAIL/INTERNET PURCHASES ONLY
6.1. Offer and Acceptance: Neither the Website nor the API price lists constitute legally binding offers:
The API 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 the API dispatches its acceptance of your order to you.
API shall have no liability for failing to deliver any Goods that You may have Ordered or for any delay in doing so if the failure is caused by any event or circumstance beyond Our reasonable control including, without limitation, strikes, lock-outs or any other industrial disputes, non-availability of supplies, flood, fire, explosion or accident, or sudden hikes in exchange rates or the purchase price of Goods.
6.2. Cancellation Right: You have the right in accordance with Regulations 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 CancellationPeriod, which 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 of these Terms.
6.3. Limit on Cancellation Right: Except as otherwise agreed between you and the API , and in accordance with the Regulations you will not be able to cancel the contract once Delivery of the services has begun.
7. CANCELLATION PROCEDURE
7.1. Notice of Cancellation: Notice of cancellation of any Course must be given in accordance with Clause 18.
7.2. Cancellation Fee for In-house: Unless you cancel a Course within the Cancellation Period, cancellation will incur a cancellation fee based on the following:
(a) If you cancel up to 8 weeks prior to Delivery of the Course, there will be a cancellation fee of 30% of the total price payable by you
(b) If you cancel not more than 6 weeks but not less than 4 weeks prior to Delivery of the Course, there will be a cancellation fee of 60% of the total price payable by you
(c) If you cancel up to 4 weeks prior to Delivery of the Course, there will be a cancellation fee of 100% of the total price payable by you
8. RETURNS PROCEDURE
8.1. Returns Procedure: Where the API has sent out course specific material, we will accept 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: The API 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, the API 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: The API reserves its right under the regulations 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 the API in the manner set out in Clause 18with details of your original order number and receipt.
You will be required to pay the return postage, unless the product is defective or the return is a direct result of an API error. API may charge you for any damage caused to the Product(s). API will refund you the purchase price, as soon as possible. However, API may withhold payment of your refund pending receipt of the returned Product (in its original condition).
9. INTELLECTUAL PROPERTY RIGHTS
9.1. Ownership: The API or its licensors own all title, 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 Course Materials. You acknowledge that you do not own and shall not acquire any title, copyright or any other intellectual propertyrights in and to the Website and/or the Courses or any Course Materials and you shall not modify, translate, adapt or otherwise amend the same otherwise than in accordance with applicable law.
9.2. Limited Licence: Except as otherwise expressly stated on the Website or 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 withoutthe express prior written consent of the API.
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 licence 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 licence agreement unless you first agree to the terms of such licence 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 licence directly against you. For any content or software not accompanied by a licence agreement, The API hereby grants to you a revocable personal non-transferable licence 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 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 trade marks of the respective owners and are exhibited only in such a manner as is intended to be for the benefit of such trademark owners.
The API 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 endorsement or non-endorsement thereof by the API.
9.5. Search Programs: The deployment within the Website of any spider, robot, web crawler or other automated query program is forbidden except as may be necessary to identify the existence and general nature of the Website for ordinary internet search engine purposes.
9.6. Reservation of Rights: All rights not expressly granted to you under these Terms are reserved to the API.
9.7. The API will retain copyright on all authored material, unless otherwise agreed.
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: The API 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.
10.3 Disclaimers: Your use of this website is at your own risk. You assume complete responsibility for, and all risk of loss resulting from, your downloading and/or using of, or referring to or relying on, materials, software, or any other information obtained from your use of this website. You agree that API and providers of telecommunications and network services to Students will not be liable for damages arising out of your use or your inability to use this website, and you hereby waive any and all claims with respect thereto, and whether based on contract, tort or other grounds.
This website is available to all users ‘as is’ without any representations or warranties of any kind, either express or implied. Students makes no representations, warranties or undertakings that this website, or the server that makes it available, will be free from defects, including, but not limited to viruses or other harmful elements. Students accept no liability for any infection by computer virus, bug, tampering, unauthorised access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay, or any event or occurrence beyond the control of API, which corrupts or affects the administration, security, fairness and integrity or proper conduct of any aspect of this website. There are certain inherent risks in using the Internet and the World Wide Web. API makes no representations, warranties or undertakings about:-
- Any of the Materials or Software on this website, including, without limitation, their accuracy, their completeness or their merchantability, quality or fitness for any particular purpose; or
- Any content of, or information on, any other website referred to or accessed by hypertext link through this website or from which this website is referred to or accessed by hypertext link (‘third party site’). API does not endorse or approve the content of any third party site, nor will API have any liability in connection with any third party site (including but not limited to liability arising out of any allegation that the content of or information on any third party site infringes any law or the rights of any person or entity). No judgment or warranty is made with respect to the accuracy, timeliness or suitability of the content of any third party site, and any and all liability, which might arise out of, or in connection with, your use or reliance on the content of or information on, or the performance of, any third party site is excluded.
Any content or information received on or via this website should not be relied on for important personal, financial or business decisions, and you should consult an appropriate professional for advice which is specifically tailored to your particular circumstances. You acknowledge and understand that API may have opinions from time to time with regard to any of the content of or information on this website which may be different from those obtained by using or accessing the content of and information on this website, and that API is not advising you in relation to the nature, potential, value or suitability of any particular asset or security, portfolio of assets or securities, transactions, investment strategy or other matter, and that no mention of a particular asset or security on this website constitutes a recommendation to buy, sell or hold that or any other asset or security. Content and information received via this website is supplied by sources believed to be reliable. However, calculations made using such data, and opinions expressed in relation to such data, are not guaranteed by these sources, API, or any other person or entity, and may not be complete.
API reserve the right to change the content, presentation, performance, user facilities and availability of any part of this website at its sole discretion, including these terms and conditions of use, and you should check these terms and conditions of use regularly for any changes.
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 the API. The information requested to be provided on the Registration Form must be current, complete and accurate. Registration is subject to acceptance or refusal by the API 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 occurunder your password and account. You must notify the API 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. The API 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 the API as a result of someone else using your password or account.
12. POSTING AND CHAT FACILITIES
12.1. Posted Materials: The following provisions apply to your use of any facilities which enable you to post or send text, graphics, audio-visual or other material (‘Material’) on the Website or to send Material to other users of the Website via e-mail, chat room, bulletin boards or other means.
12.2. Representations concerning Material: By submitting Material to the Website or to other users of the Website you (a) represent that you are entitled to do so; (b) grant us a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute,show in public and create derivative works from that Material in any form, anywhere; and (c) authorise us to adapt the relevant Material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the Material in question. Except as provided by the Data Protection Act 1998, the API shall not be subject to any obligation of confidentiality with regard to Material posted by you.
12.3. Excluded Materials: You agree not to send Material to the Website or to other users of the Website which (a) might infringe the intellectual property or other rights of any person or entity, (b) might breach any applicable law (c) constitutes advertising or any form of unsolicited commercial communication (d) might cause damage or denial of use to any hardware or software, or (d) might be defamatory, profane, obscene, sexually oriented, racially offensive, harassing, threatening, abusive, ‘flaming’, false, misleading or otherwise objectionable in our opinion (‘Excluded Material’).The API reserve the right to delete any Excluded Material placed by you on the Website.
12.4. Our responsibilities in relation to Excluded Material: You accept that we do not have the resources to screen the Website for any Excluded Material posted by third parties and that we shall be under no liability in respect of such Excluded Material. We undertake to delete any Material which we decide (at our sole discretion) constitutes Excluded Material within a reasonable time of written notification by you of its presence on the Website.
12.5 Data Protection and Privacy Statement
API and its associated companies respect your right to privacy. Visitors should be aware that each time they visit a website two general levels of information about their visit can be retained. The first level comprises statistical and other analytical information collected on an aggregate and non-individual specific basis of all browsers who visit the site, and the second is information that is personal or particular to a specific visitor who knowingly chooses to provide that information. API’s policy is to respect and protect the privacy of our Students and will never wilfully disclose individually identifiable information about its Students to any third party without first receiving that Student’s permission.
The statistical and analytical information provides us with general and not individually specific information about the number of people who visit this website. This includes information regarding the number of people who return to this site; the pages that they visit; where they were before they came to this site and the page in the site at which they exited. This information helps us monitor traffic on our website so that we can manage the site’s capacity and efficiency. It also helps us to understand which parts of this site are most popular, and generally to assess user behaviour and characteristics in order to measure interest in and use of the various areas of the site.
Throughout this website you may have an opportunity to send us information relating to you such as through the ‘contact us’ pages or any other area where you may send e-mails, request brochures, enter contests or respond to any promotions. *By choosing to participate in these, you will be providing us with some level of personal information relating to you. This information will only be used by API for:
• The purposes for which it was provided by you;
• Verification purposes and statistical analysis;
To provide you with details of products, services, contests, competitions or promotions being provided or run by API or any of its associated companies or any third party that we may select and which we may think would be of interest to you, unless you have otherwise specifically opted not to receive this information
13.1. You agree to indemnify the API in respect of any costs, claims, demands, losses or liabilities (including reasonable legal fees) incurred by the API as a result of or arising in any way from a claim by a third party which results from any breach by you of the provisions contained in these Terms.
14. WARRANTIES & SERVICE EXCLUSIONS
14.1. Warranties: the API warrants that the Courses and the Website shall be provided with reasonable skill and care by qualified and experienced consultants, and that the Course Materials will be of satisfactory quality 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, the API 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: The API will endeavour 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 the API. The AP shall not be responsible in any way for the content of any such other websites. You acknowledge that Incisive the API provides such links only as a convenience. The inclusion of any link does not imply any kind of endorsement by the API.
14.3. Changes to Courses: The API 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. The API does not accept 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: The above warranties are API 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: Nothing in these Terms shall operate to exclude or limit the API’s liability for:
(a) Death or personal injury caused by the negligence of the API, 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, the API 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, anticipated profits, revenues or anticipated savings, goodwill or business opportunity, or;
(b) Loss of data, or;
(c) Indirect 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 the API 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 either £1,000 or the sum paid by you to the API, whichever is the lower.
15.4. Force Majeure: Neither party shall be liable to the other for any failure or delay in the performance of its obligations under these Terms caused by circumstances beyond that party’s reasonable control.
16. TERMINATION & ACCESS RESTRICTION
16.1. The API 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. The API reserves the right,in its sole discretion, to suspend your registration and/or access to the Website and/or the Courses at any time without notice.
16.2. For any corporate client termination agreements whereby the client may want to remove any data off the system, the API reserves the right to charge an administrative removal rate per name removed at 1.10% of the agreement rate per module/person.
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) API’s employees, 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.
17.3. Communications: All correspondence with the lecturers, trainers, consultants, authors or anyone else providing training or Course Material on behalf of the API must go through the API.
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 priorwritten consent of the API.
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 the API) attempt to solicit or entice away from Incisive the API or engage or employ, or procure the engagement or employment of, any person who at the date of Delivery of the Course, toyour knowledge, is (or has agreed to be):
(a) an employee or consultant of the API; or
(b) a customer, supplier, licensor, licensee or collaborative partner of the API
18.1. Address for Notices: Notices to the API should be sent to firstname.lastname@example.org or by post to the following
The Academy of Professional Investigation Limited.
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 England and Wales and
are subject to the exclusive jurisdiction of the Courts of England and Wales to which jurisdiction the parties hereby irrevocably submit.