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In-house & e-Learning Terms & Conditions

1. INTRODUCTION
1.1. Courses: Incisive Financial Publishing Limited ("IFPL") is a provider of financial and management development training courses and related materials and products ("Courses"). Courses can be delivered 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 Incisive Financial Publishing are set out on the Website (www.incisive-training.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 CIFT, including agreements which constitute 'distance contracts' (a 'Distance Contract') under the
Consumer Protection (Distance Selling) Regulations 2000.

2. DEFINITIONS
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) "Incisive Training e-Learning and Incisive Training In-house are trading names of IFPL, whose registered office
is at Haymarket House, 28-29 Haymarket, London SW1Y 4RX). References to Incisive Training relate to Incisive Training e-
Learning and/or Incisive Training In-house.
(b) "Live Courses" means Courses delivered face-to-face by Incisive Train ing consultants or employees;
(c) "On-Line Courses" means Courses delivered via the Web;
(d) "Remote Courses" means Courses involving the remote delivery of hard copy materials or materials on hard media such as
CD ROM
(e) 'You' means any person who uses the Website or whose order for Courses is accepted by Incisive Training.
(f) "Website" refers either to the website at www.incisive-training.com/elearning or www.incisive-training.com/inhouse , a
service provided by Incisive Training, or any other website controlled by Incisive Training.
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: Incisive Train ing 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 constitut es your agreement to these Terms as amended. Incisive Training will be bound by any
amendment to these Terms only to the extent that such amendments have been approved in writing by a Director or the
Company Secretary of Incisive Training.

4. PRICE
4.1. Price List & Changes: Except as otherwise expressly agreed by Incisive Training in writing, the price of each Course shall be
the price listed in Incisive Training's 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 Incisive Training, the listed price excludes VAT where applicable. The price of each
Course is subject to change at any time at Incisive Training's sole discretion prior to the date of purchase. You must check the
Websit e or other published price list for the current prices before ordering any Courses.
4.2. Quotations: Quotations for Tailored Courses are given on the basis of reasonable assumptions about costs. Notwithstanding
any quotation, Incisive Training 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 Incisive Training in the development, production or
supply 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 Incisive Training. Incisive Training
reserves the right to alter prices after this date without givin g 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;
(h) annual website and other maintenance and update charges.
4.4. Taxes: All prices shall be subject to the addition of Value Added Tax (where applicable) or any other tax payable.

5. PAYMENT
5.1. Time of Payment: Payment for all Courses shall be made no later than 30 days after the commencement of the programme.
5.2. Interest: If for any reason payment is not within the 30 day period as set out above, you agree to pay an interest charge at the
rate of 5% per year over Barclays Bank base rate during the period from date of Delivery to the date of actual payment of the
amount due.
5.3. Method of Payment: Payment for all Courses shall be made in pounds sterling (or such other currency as agreed between You and Incisive Training) by credit or debit card or such other method as
may be specified by Incisive Training (this is for retail purchases). Global Corporate Purchases are invoiced.
5.4. Security: For payment with Credit Card, Incisive Training 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 credit card number and contact information will be provided to Barclaycard Merchant Services or the relevant
credit card company from time to time ("the Credit Card Company"). The Credit Card Company has its own privacy and data
collection practices and Incisive Training has no responsibility or liability for these independent practices. This does not apply
for Corporate Purchases being invoiced.

6. ACCEPTANCE & CANCELLATION OF ORDERS FOR RETAIL/INTERNET PURCHASES ONLY
6.1. Offer and Acceptance: Neither the Website nor the Incisive Training e-Learning price lists constitute legally binding offers:
Incisive Training e-Learning 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 Incisive Training e-Learning dispatches its acceptance of your order to
you.
6.2. Cancellation Right: You have the right in accordance with Regulation 10 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 Cancellation
Period, 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 Incisive Training e-Learning , and in accordance
with Regulation 13, you will not be able to cancel the contract in accordance with Regulation 10 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
(d) Cancellation for Blended Programmes: For the in -house training days as part of the blended training, the above
cancellation for in-house applies. For the Pre- and/or Post Study Online-modules assigned as part of the blended package,
there is an automatic ongoing renewal fee at the end of the initial access period which serves as a continuous roll-over
subscription to the modules. Please see cancellation periods in clause 7.4.
7.3. Nature of Cancellation Fees: You agree that the above cancellation fees constitute a genuine pre-estimate of the expenses
likely to be incurred by us as a result of your cancellation.
7.4. For Online Learning and Blended Learning Subscription Contracts: Incisive Training require written notification sixteen
weeks prior to the renewal date for yearly subscription contracts and eight weeks notification prior to any other length of
contract if you do not wish to renew your subscription contract, otherwise the contract will automatically roll over with a 10%
increase on sale price on a continuous basis. For contracts and access periods of less than an eight week period, the notification
period is four weeks.

8. RETURNS PROCEDURE
8.1. Returns Procedure: Where Incisive Training 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: Incisive Training 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, Incisive Training 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: Incisive Training reserves its right under Regulation 14 to make a charge for the ret urn 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 Incisive Training in the manner set out in Clause 18
with details of your original order number and receipt. If Incisive Training agrees to accept the return, your credit or debit card
will be debited with the cost of the return delivery charge being £25 per return.
8.4. Collection of Course Materials: Incisive Training will arrange to collect the Course Materials to be returned. You will then
receive an e-mail notice that your return is registered with Incisive Training's carrier who will collect the goods within five (5)
working days of your contacting Incisive Training as provided above.
8.5. Refund of Purchase Price & Outbound Delivery Charge: If you qualify for a return and have followed the above procedure,
you will receive a full refund of the purchase price and the outbound delivery charge to be credited to your card. Noncompliant
Course Materials must be returned before any refund will be made.

9. INTELLECTUAL PROPERTY RIGHTS
9.1. Ownership: Incisive Training 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 property
rights 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 without
the express prior written consent of Incisive Training.
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, Incisive Training 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.
Incisive Training 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 Incisive Training.
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 Incisive Training.
9.7. Incisive Training 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: Incisive Training e-Learning 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.

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 Incisive Training e-Learning. The information requested to be provided on the Registration Form
must be current, complete and accurate. Registration is subject to acceptance or refusal by Incisive Training e-Learning 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 occur
under your password and account. You must notify Incisive Training e-Learning 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. Incisive
Training e-Learning 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 Incisive Training e-Learning 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, Incisive Training e-Learning 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'). We 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.

13. INDEMNITY
13.1. You agree to indemnify Incisive Training in respect of any costs, claims, demands, losses or liabilities (including reasonable
legal fees) incurred by Incisive Training 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: Incisive Training 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, Incisive Training 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: Incisive Training 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 Incisive
Training e-Learning. Incisive Training e-Learning shall not be responsible in any way for the content of any such other
websites. You acknowledge that Incisive Training e-Learning provides such links only as a convenience. The inclusion of any
link does not imply any kind of endorsement by Incisive Training e-Learning.
14.3. Changes to Courses: Incisive Training 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. Neither Incisive Training nor any other Incisive Training entity
accepts 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 Incisive Training's 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 Incisive Training's liability for:
(a) Death or personal injury caused by the negligence of Incisive Training, 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, Incisive Training 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 Incisive Training 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 Incisive Training,
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. Incisive Training 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. Incisive Training 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, Incisive
Training reserves the right to charge an administrative removal rate per name removed at 1.10% of the agreement rate per
module/person.

17. GENERAL
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) Incisive Training'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 Incisive Training must go through Incisive Training.
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 prior
written consent of Incisive Training.
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 Incisive Training) attempt to solicit or entice away from Incisive Training or engage or employ, or procure the engagement or employment of, any person who at the date of Delivery of the Course, to
your knowledge, is (or has agreed to be):
(a) an employee or consultant of Incisive Training; or
(b) a customer, supplier, licensor, licensee or collaborative partner of Incisive Training

18. NOTICES
18.1. Address for Notices: Notices to Incisive Training should be sent to traininginfo@incisive.com or by post to the following
address:
Incisive Training
Haymarket House
28-29 Haymarket
London
SW1Y 4RX
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,whther 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.