TERMS & CONDITIONS FOR ONLINE COURSES

The following constitute the terms and conditions to which applicants agree when purchasing any standard face-to-face training or e-learning courses provided by OVP Coaching (a subsidiary of Pellington Ltd).

THIS AGREEMENT is entered into by and between Pellington Ltd (“Company”) and, the named registrant on the Enrolment Form attached to this Agreement (“Participant”). Company and Participant will sometimes be described in this Agreement collectively as the “Parties” or individually as the “Party.”

Pellington Ltd reserves the right to review and update these Terms & conditions periodically at its sole discretion. BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, OR BY USING OR ACCESSING Pellington Ltd TRAINING MATERIAL, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

1. BOOKING

1.1 Standard training. Standard Face-to-face training and e-learning courses can be booked via the booking forms available on the OVP Coaching website. When you submit a booking/order form for an online course, your submission represents an offer to Pellington Ltd to book you onto the course you selected. On submission of the face-to-face training course or e-learning course form you will receive an automated summary email of your selection. Pellington Ltd will accept your offer by entering your booking onto the Pellington Ltd system and sending you an email confirming that you have been booked together with information on starting your learning.

2. PAYMENT

Training fees can be paid at the point of booking via Stripe’s secure online payment process. If you are making a group booking on behalf of an organisation alternative methods of payment can be made as referred to in the group booking agreement (not attached to this agreement). In all cases, payment must be received prior to start of training.

Stripe accepts all major credit and debit cards. A receipt will be sent to you by email from Stripe confirming payment. Stripe will receive the information needed to verify and authorise your payment card and to process your order and is under strict legal and contractual obligations not to disclose this information to third parties. Please note that if you do not provide accurate details (including type of card and number) or if your credit card company does not authorise payment, your application will be deemed void.

Pellington Ltd will not accept any liability for costs incurred as a result of applications deemed void in this manner. Sales taxes (VAT, TVA etc.), if any, are charged at the applicable rate depending on the product and/or customer.

3. YOUR OBLIGATIONS

You may not allow anyone else to access the e-training courses via your log-in details. You must comply with all reasonable security requirements that apply to the courses provided. Pellington Ltd reserves the right to remove any delegate from a training course whose behaviour is deemed inappropriate by Pellington Ltd. In these circumstances, Pellington Ltd will neither refund any fees nor reimburse any other costs.

4. LIMITATION OF LIABILITY

Pellington Ltd does not accept responsibility for anyone acting as a result of information in, or views expressed on, its training courses including course materials. Opinions expressed are those of individual trainers and not necessarily those of Pellington Ltd. Participants should take professional advice when dealing with specific situations. Should a participant require an invitation letter from Pellington Ltd for face-face training, we are unable to provide this at the present time. Pellington Ltd is not able to act on behalf of the participant and is not responsible for any costs incurred by failure to obtain a full visa or required documentation.

5. WARRANTY AND DISCLAIMER

Pellington Ltd ensures that all our training services are delivered diligently and in a good, workmanlike, timely and professional manner consistent with industry standards. The training services will be performed as described in the individual program agendas. Pellington Ltd shall provide such trainers to present the training course as it, in its sole discretion, deems fit and Pellington Ltd shall be entitled at any time to substitute any trainer with any other person who, in Pellington Ltd’s sole discretion, it deems suitably qualified to present the relevant program. Pellington Ltd does not warrant that the provision of any content online will always be available or be uninterrupted, timely or error free, that defects will be corrected or that such content is secure or free from bugs, viruses, errors and omissions.

6. INDEMNIFICATION

Both Parties agree to defend, indemnify, and hold harmless the other Party and its directors, officers and employees from and against any demands, damages, or liabilities (including reasonable attorneys’ fees) arising from a third party claim that the indemnifying Party caused bodily injury (including death) or damaged real or tangible personal property.

7. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

All Training Material is owned by Pellington Ltd. All intellectual property rights in all Training Material available, including the design, graphics and text of all printed materials and the audio of all videos, webinars and podcasts, are owned by Pellington Ltd. When you are given access to the Training Materials, you are granted a non-exclusive, non-transferable, revocable licence to use the Training Material. No Training Material may be copied, reproduced, uploaded, posted, displayed or linked to in any way, in whole or in part, without Pellington Ltd’s prior permission. Any such use is strictly prohibited and will constitute an infringement of Pellington Ltd’s intellectual property rights.

To provide a continuous check on the consistency and quality of training delivery, all students will receive a follow-up email at the end of each class asking to submit feedback in the form of a satisfaction survey. This feedback will be reviewed in detail and will be used to make continuous improvements to program content and delivery.

8. CANCELLATION AND TRANSFER

8.1. Cancellation by customer.

8.1.1 Face to Face.

If you notify Pellington Ltd in writing (by email or post) that you wish to cancel a face-to-face training course not less than 28 days before the start date of a course, you will be entitled to a 50% refund. Refunds will be processed within 28 days of receiving your request via bank transfer to the original payer. If you withdraw for any reason less than 28 days before the start date of a course, no refund will be issued. If you fail to attend the course on which you are booked without giving prior notice to Pellington Ltd, we are unable to refund the course fees or offer a transfer.

8.1.2 Live E-Learning.

Once you have booked a live e-learning course or package the fee is non-refundable. If you cancel any live e-learning course or package you will not be entitled to any refund. There is no charge for transferring your booking to the same course on an alternative date provided you notify Pellington Ltd in writing not less than 10 days before the start of the training and if there is availability. However, a transfer fee of 20% of the course fee (plus VAT) will be payable if the notice is received less than ten (10) days before the start of the original course. If you transfer your booking, you will not receive any refund, and you will not be entitled to transfer more than once. You must make any request to transfer a course in writing, which may be sent by email to: sales@ovpcoaching.co.uk.

8.1.2 Self-study E-Learning.

Once you have purchased and accessed a self-study e-learning course or package the fee is non-refundable. If you cancel any purchased and accessed self-study e-learning course or package you will not be entitled to any refund. There is no charge for transferring your purchased self-study e-learning course or package to another Pellington Ltd course or package of the same value or higher, only if the purchased self-study e-learning course or package has not been accessed. However, a transfer fee of 20% of the course fee (plus VAT) will be payable if you transfer a purchased and accessed self-study e-learning course or package to another Pellington Ltd course or package of the same value or higher. If you transfer your booking, you will not receive any refund, and you will not be entitled to transfer more than once. You must make any request to transfer a course in writing, which may be sent by email to: sales@ovpcoaching.co.uk.

8.2. Cancellation by Pellington Ltd.

Pellington Ltd reserves the right to cancel any training course due to insufficient enrollment by providing notice to you at least 7 calendar days prior to the schedule commencement date. In the event of cancellation by Pellington Ltd, you may elect to receive a full refund of registration fees paid or credit toward alternative class(es). Nevertheless, Pellington Ltd will not be responsible for non-refundable tickets purchased or reservations made by you. If a training class is cancelled by Pellington Ltd due to any Force Majeure Event as defined in Section 10.5, the Customer is entitled to a full class credit which must be used within 3 months of the date of the original class for another class offered by Pellington Ltd.

9. CONFIDENTIALITY

Except as otherwise set forth in these Terms & Conditions, each party may disclose to the other party certain confidential information under these Terms & Conditions. Each party agrees that all code, inventions, know-how, business, technical and financial information, or any information specifically designated as confidential or that would be understood to be confidential or proprietary by a reasonable person disclosed to such party (“Receiving Party”) by the disclosing party ("Disclosing Party") constitute the confidential property of the Disclosing Party ("Confidential Information").

Any Pellington Ltd technology, any commercial terms (including pricing) of these Terms & Conditions and any performance information relating to the products shall be deemed Confidential Information of Pellington Ltd without any marking or further designation. Except as expressly authorized herein, the Receiving Party will use (and will ensure that its employees, Affiliates, agents, contractors and any approved third parties use) reasonable efforts (which shall be no less than the efforts used to protect its own confidential information of a similar nature) to prevent the disclosure of any Disclosing Party’s Confidential Information for any purpose other than providing the training contemplated by these Terms & Conditions unless authorized by the Disclosing Party.

The Receiving Party's nondisclosure obligation shall not apply to information which the Receiving Party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by employees of the Receiving Party who had no access to such information. The Receiving Party may also disclose Confidential Information if so, required pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party).

10 MISCELLANEOUS

10.1 Who you are contracting with, notices, governing law and venue. Who you are contracting with under these Terms & Conditions, who you should direct notices to under these Terms & Conditions, what law will apply in any lawsuit arising out of or in connection with these Terms & Conditions, and which courts have jurisdiction over any such lawsuit, depend on where you are domiciled and are described in the table below:

10.2 Dispute resolution: arbitration.

In the event of any controversy or claim arising out of or relating to these Terms & Conditions, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If the parties do not reach settlement within a period of 60 days, any unresolved controversy or claim arising out of or relating to these Terms & Conditions shall proceed to binding arbitration under the Rules of Arbitration of the International Chamber of Commerce. The parties shall seek to mutually appoint an arbitrator. If the parties cannot agree on a single arbitrator, then there shall be three (3) arbitrators: one selected by each party, and a third selected by the first two. Arbitration will take place in the city where the courts have jurisdiction under the table set forth in Section 10.1. All negotiations and arbitration proceedings pursuant to this Section will be confidential and treated as compromise and settlement negotiations for purposes of all similar rules and codes of evidence of applicable legislation and jurisdictions. The language of the arbitration shall be English.

10.3 Contact.

Please contact Pellington Ltd’s training department for any other training questions or requests by emailing: info@coveo.com.

10.4 Privacy Policy.

All information provided by you under these Terms & Conditions will be treated in accordance with Pellington Ltd’s Privacy Policy.

10.5 Force majeure.

Neither party shall be liable to the other for any delay or failure to perform any obligation under these Terms & Conditions (except for a failure to pay fees) if the delay or failure is due to unforeseen events which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency (each a “Force Majeure Event”).

10.6 Entire Agreement and severability.

This Agreement is the entire agreement between you and Pellington Ltd relating to e-learning courses and packages and supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the training or any other subject matter covered by these Terms & Conditions. If any provision of these Terms & Conditions is held to be void, invalid, unenforceable, or illegal, the other provisions shall continue in full force and effect.