Course Booking - Terms & Conditions

Course Booking T&C's

All bookings made by the submission of an online booking form have the same status as bookings made using a printed form agreeing to the Booking Terms and Conditions below and signed by an authorised signatory of the organisation named on the form. Definitions:

For the purposes of this Agreement, the following definitions shall apply:
"Application" shall mean an application for enrolment on a course;
“Client” shall mean the entity named on the application form and to whom FL shall provide the service (notwithstanding that it will be the Delegate(s) attending the Course);
"Contract" means the Application, these Booking Terms and Conditions and any applicable Special Terms and Conditions;
"Course" means a programme of executive education run by FL in respect of which an application has been made by or on behalf of a Client;
"Delegate" shall mean the Client's authorised representative or nominee who attends the Course and whose actions or omissions shall be capable of incurring liability on the part of the Client in relation to these Terms and Conditions;
"Fees" mean the fees payable in respect of a Course as set out on the Course application form; and
"FL" shall mean Finex Learning Ltd. and its affiliates, and their officers, directors, managing directors, partners, and employees.

Terms of Supply
1. These Terms and Conditions apply to the enrolment of the Delegate in the Course and provision of such Course by FL to the Client. FL and the Client are bound by the Contract upon acceptance by FL of the Application made by the Client, subject to clause 1.2 The Client should print a copy of these Terms and Conditions for future reference. The Contract shall not include any of the Client’s conditions of purchase, notwithstanding any reference to them in any correspondence between FL and the Client. However, should this Contract be held by a court of competent jurisdiction to include the Client's terms and conditions of purchase then in the event of any conflict or apparent conflict these Booking Terms and Conditions shall always prevail over the Client’s terms and conditions of purchase.
2. FL may, in its sole discretion, accept or reject an Application and notify the Client in writing or by email accordingly. The payment of any sum intended to be in respect of Fees by or on behalf of the Client or a Delegate does not oblige FL to accept an Application.
3. By placing an Application through the FL website or by other means, the Client represents and warrants that:
  1. They are legally capable of entering into binding contracts; and
  2. The Delegates attending the Course will be at least 18 years old
Payment Terms
1. The Client is liable to FL for the Fees, which are due at the time of submission of the Application or, if FL is in its sole discretion satisfied as to the creditworthiness of the Client, within fourteen (14) days of receipt of an invoice from FL or the first day of the Course, whichever is earlier.
2. Administration fee for Course cancellation and/or postponement requested by the Client, as defined in clause 5, is due within fourteen (14) days of receipt of an invoice.
3. If the Fees have not been received by FL in full by the due date, FL may exclude the Delegate from the Course.
4. FL accepts payment by Visa, MasterCard, Maestro, American Express and via bank transfer. Where payment is made by bank transfer, the Customer must notify FL of the payment.
5. If the Client fails to comply with any terms of this Agreement, FL shall be entitled to recover from the Client the reasonable costs, expenses and losses incurred by FL as a result of locating the Client, communicating with the Client and collecting any unpaid sums. Such sums shall be payable to FL on demand. In the event of legal action for breach of the payment obligations, the Client will be responsible for all costs and expenses allowable by the court if an award is made in favour of FL.
VAT and other charges
1. All payments of Fees are exclusive of VAT and other taxes where applicable. Any currency conversion costs or other charges incurred in connection with the payment of Fees are to be paid in addition to the Fees. No deduction from Fees for such costs or charges may be made.
Cancellation and Amendment by FL
1. FL reserves the right to amend the Course delivery method or change the individuals responsible for delivering the Course. FL will endeavour to inform Clients about cancellations, postponements and amendments to the Course with as much notice as possible. If the Course is cancelled by FL, the Client can either postpone their scheduled course to the next available mutually agreeable date or have the Fees refunded in full.
Cancellation and Postponement by the Client
1. If the Client wishes to cancel the Course after acceptance of their Application by FL, they may do so in writing (i.e. letter, fax or email - but not by telephone). If such cancellation is received by FL more than twenty (20) working days prior to the start of the Course, the Client shall only be liable for an administration fee of fifteen percent (15%) of the full price for the relevant Course. Where such cancellation is received by FL more than twenty (20) working days prior to the start of the Course and payment of Fees has already been made, the Client shall receive a full refund of the Fees minus an administration fee of fifteen percent (15%) of the full price for the relevant Course. Clients are advised to keep evidence of any cancellation requests that are sent to FL.
2. Clients may make one postponement of a Course place from the date of first enrolment to the next available mutually agreeable date free of charge, provided that the postponement request is received more than twenty (20) working days before the start of the Course. All other postponements will be subject to an administration fee of fifteen percent (15%) of the full price for the relevant Course.
3. Clients who request cancellation twenty (20) working days or less before the Course start date, or who do not attend, will be liable for full Course Fees.
4. In the event of the nominated Delegate not being able to attend, substitute Delegates are welcome at any time for no extra charge upon the provision of written notice from the Client to FL.
Course Attendance
1. FL will use all reasonable endeavours to use the information provided by the Client to assist in determining the suitability of Delegates for the Course selected. Notwithstanding the above, Clients are solely responsible for establishing whether a Course is suitable and sufficient for their Delegates’ needs. FL does not provide any guarantee in respect of the standard of a Delegate's abilities on completion of the Course.
2. The Client shall provide FL with all information reasonably requested by FL in connection with the Course.
3. Fees do not include travel, accommodation, subsistence, insurance or other costs that may be incurred prior to, during or as a result of attendance at a Course.
4. The Client agrees that their Delegate will comply with all applicable policies and regulations of FL.
5. FL reserves the right to remove Delegates from a Course or exclude Delegates from FL premises if the behaviour of the Delegate is considered unacceptable. Under these circumstances the Client will remain liable for the Fees.
6. The Client warrants that their Delegate will have all necessary permissions and consents required for their attendance of the Course and presence in the Course location.
Limitation of Liability
1. Subject to clause 7.3, the liability of FL to the Client with respect to the provision of the Course, the cancellation, postponement, or amendment of the Course, any negligence, any breach of contract, or arising in any other way in relation to these Terms and Conditions, will not extend to any indirect losses or damages, or to any loss of profits, whether direct or indirect, even if FL had been advised of the possibility of those losses or if they were within the contemplation of FL, or any costs or expenses incurred by any person or organisation in connection with travel, accommodation, reservations or other arrangements.
2. In any event, subject to clause 7.3, the liability of FL to the Client with respect to the provision of the Course, the cancellation, postponement or amendment of the Course, any negligence, any breach of the Contract, or arising in any other way in relation to these Terms and Conditions, is limited to the amount of the Fees received from or on behalf of the Client in respect of the Course.
3. Nothing in this Agreement will operate to limit or exclude the liability of FL for death or personal injury arising from FL's negligence, fraud or any other liability that cannot be limited or excluded by law.
4. Views expressed by FL personnel are their own. FL does not accept any liability for advice given or views expressed by teachers, lecturers, other personnel or in any documentation relating to Courses.
5. Unless otherwise indicated, Courses are delivered in English.
6. FL accepts no liability for loss or damage to property and will not provide any insurance cover to the Client.
7. The warranties and undertakings given by FL in these Terms and Conditions are, to the extent permitted by law, given in lieu of all implied conditions, warranties, representations or other terms, including any relating to satisfactory quality, fitness for a particular purpose, or the ability to achieve a particular result.
FL Live Courses (Remote Attendance)
1. FL offers a web based, remote attendance learning platform, through which Delegates can attend FL Courses remotely ("FL Live Courses"). FL Live Courses use distance learning technology to enable Delegates to attend on-line, live instructor-led classes remotely from any location where they are based.
2. By submitting an Application for an FL Live Course, the Client agrees that their Delegate will log into FL’s system on the given dates and times, and confirms that their equipment meets the minimal technical requirements as set-out in the application process.
3. The Client agrees that their Delegate will follow FL’s instructions and will test their equipment and connectivity prior to the start of the FL Live Course.
4. The Delegate’s registration on an FL Live Course shall be confirmed after payment has been received from the Client and all the technical requirements under clause 8.2 have been verified by FL.
5. The use of audio and video in any format created during an FL Live Course is solely limited to listening and viewing by the Delegate contemporaneously with the FL Live Course. Except where expressly stated otherwise, the Delegate is not permitted to copy or reproduce (in whole or in part, on any medium, whether electronic or otherwise), record, broadcast, transmit, share, show or play in public, adapt or change in any way the content of live broadcasts or video recordings for any other purpose whatsoever without the prior written permission of FL.
6. FL shall not be liable for any interference and interruption to FL Live Courses due to equipment or connection failure occurring outside FL's control.
7. All Applications for FL Live Courses shall be accompanied by payment of the relevant Fees.
Recording of lectures by FL
1. FL reserves the right to record in video format and/or broadcast live any Courses, lectures or other training activities (together “Events”) organised by FL.
2. The Client and their Delegate agree and consent to any Events featuring the Client's Delegate being broadcast live and/or recorded in video format by FL. Any such live broadcasting and/or recording which may include the Delegate’s contribution to Events may be used by FL in any and all media worldwide for any purpose commercial or otherwise, including the purposes of distance learning delivery which may include conversion to digital format, content editing using video editing or authoring software and storing and publication on FL websites.
Intellectual Property
1. All intellectual property rights in material on any part of FL websites or in readings, slides, spreadsheets, live broadcast, video recordings or other material provided as part of a Course or any other Event run by FL (referred to below as "the Material") are owned either by FL or by third parties. Where intellectual property rights are not owned by FL the material is reproduced under licence.
2. FL hereby grants to the Client a non-exclusive, royalty free, personal, non-sub-licensable licence to use the Material in connection only with the Delegate's participation in Events and for non-commercial private study and research. Any further reproduction, editing, modification, adaptation or communication or use by the Client in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, or translation into any language, of any of the Material is strictly prohibited.
Confidentiality
1. The Client shall keep in strict confidence all Materials and any other information (together, "Confidential Information") concerning FL's business or its products, including technology, equipment, procedures of FL or its clients or third parties, business model and strategies, delivery methods and any processes, which the Client and/or their Delegate may obtain.
2. The Client shall not use any Confidential Information obtained from FL for any purpose other than for their own personal non-commercial use.
3. The Client may disclose such confidential information as may be required by law, court order or any governmental or regulatory authority.
Data Protection
1. FL will handle personal data in accordance with the terms of its privacy policy, which can be viewed at www.finexlearning.com/policy.
2. The Client and their Delegate acknowledge and agree that personal data will be processed by and on behalf of FL in connection with the provision of Courses or any other Events run by FL.
3. Under clause 9, the Client and their Delegate consent to the use of their personal data being processed for the purposes of the recording of the Events and subsequent publishing and distribution. FL shall process the Client’s and their Delegate’s personal data in accordance with the provisions of the Data Protection Act 1998 and the EU Regulation 2016/679 General Data Protection Regulation.
Force majeure
1. FL shall have no liability to the Client under this Agreement if it is prevented from, or delayed in performing, its obligations under this Agreement or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of FL or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
Law and Jurisdiction
1. This Agreement (and any dispute or claim arising out of it or in connection with it or its subject matter or formation, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
Miscellaneous
1. FL may change these Terms and Conditions at any time by posting changes on this website. Any changes are effective in respect of future Applications immediately upon posting.
2. These are standard Terms and Conditions, which apply to all courses.

Finex Learning is registered in England and Wales with company number 15655611