As a trainer, you are responsible for the preparation and management of the entire programme. This requires pre-Training actions. You must discuss the pre-Training responsibilities with the Icarian or Training’s sponsoring institutions. Some things that you must be sure to arrange are included in the following list. There may be several others. Preplanning is essential to the success of your learning Training.
You must arrange for the following long before the Training starts:
1. In pre-Training communications, be sure to provide the participants with any information they will require prior to beginning the Training. This can be accomplished by means of a pre-Training letter. Consult with the us or institutions over plans for pre-Training communication with participants.
2. Arrange for appropriate officials to welcome the participants.
3. Compile a file for each participant. This file will be used by the participant to organize the Training materials from each session. All material labelled ‘Handout’ (see page headers) should be photocopied for distribution to the participants prior to the beginning of the Training. The trainer should check every evening that the material for the next day has been photocopied and is ready for distribution.
4. Before the files are distributed at the Training, each file should contain the following:
welcome letter
overview of the module
tentative schedule
registration form Note: Samples of the welcome letter, tentative schedule, registration form, and strengths and weaknesses for the day’s activities appear on the following pages.
5. Plan for implementing systematic activities. Prepare yourself to instruct participants on the systematic activities of the Training during the opening session:
review of daily activities
brief daily evaluation
6. During the opening session, be prepared with a basket (or bowl or hat) with pieces of paper with all the participants’ names on them. These will be drawn to select the participants who will be responsible for preparing a five- to ten-minute summary of the previous day’s activities and major lessons learnt to present in the morning. Remember to write these names on a flip chart every day. Display it on the wall and refer to it every day. Also remember to provide the ‘reviewer’ with overhead transparencies and pen if he/she prefers not to use PowerPoint.
7. At the end of each day:
Distribute the evaluation form (‘Strengths and Weaknesses’) and invite the participants to briefly evaluate the day’s activities. Collect the forms and summarize the results overnight to report back to them the following morning. Note that it is necessary to cluster the answers in the evening.
The participants should evaluate the diverse features of the day’s activities. You should provide the participants with a copy and/or display the features with the overhead projector during the evaluation session.
8. Be sure to communicate with the participants in advance. Some Training exercises focus on the participants’ institutes. Participants should come prepared to discuss their experiences.
9. Read the ‘instructions to trainers’ carefully to find out which handouts need to be sent to participants before the Training starts. It is very important for the participants to read some of the long handouts prior to the Training. It is recommended that you send the long texts (above 4 pages) as e-mail attachments or mail printouts when necessary.
10. Prepare photocopies of the Reference Materials list to distribute to the participants during Day 1.
Plan your Training-
Human information processing
Materials needed for running a Course
Laptop/projector
Slides, videos, animations
Pointers
Flipcharts and whiteboard
Extending the visual medium
Color pens
Printed script
Name tags
Memory aids/puzzles
Props
IT software tools etc.
Printed handouts and exercises.
Using power point
Training materials content
Script preparation.
That you dress professionally / appropriately for your client.
That you carry your own laptop.
That you arrange for the printing and delivery of all materials (workbooks and handouts etc.) unless otherwise agreed with the Client. £100 will be added to your daily fee to cover this additional cost.
All materials are accurate, free from spelling mistakes, grammatically correct, professionally presented and, while in your own style and branding, include the Business Trainer Hub logo.
That all correspondence with your client is conducted via the Business Trainer Hub (any telephone conversations should be followed up in writing). This provides an important audit trail should any disputes arise.
That you arrive at your client at least 45 minutes before the workshop is due to start (preferably 1 hour) to ensure the room is set up to your liking, to locate the materials and ensure that you do not have any IT issues.
That you bring the correct adaptors to be able to plug your laptop into VGA/HDMI projectors and TVs; and the correct adaptor to be able to plug into the local power source (relevant if travelling overseas).
That you supply name cards and pens for the delegates if appropriate (this additional cost should be reflected in your daily fee).
That you will ask your Client for any additional resources that you may need to run your workshop (e.g. breakout rooms, case studies etc.) and that you expect them to supply.
That you comply with all of your Client’s Health & Safety and Data Protection policies.
That you stick to the timings agreed with your client at the booking stage.
That you complete the online delegate sign-in sheet, ensuring that you have the correct email address for all delegates who attend the training and indicate any who were on the list
That at the beginning of each training, you ensure that all delegates are familiar with:
- Location of the fire exits and what to do in the event of a fire
- Location of the toilets
- Location of any First Aiders
- Timings of the course
- Arrangements for lunch and coffee breaks
- How to change the temperature of the training room
- Arrangements for smoking
- Your policy with regards to the use of mobile phones during the workshop (as well as laptops, tablets etc.)
That you leave the training room neat and tidy, throwing away any used flipchart paper (do not leave on the flipchart) and removing any rubbish.
That, following your first delivery, you continue to develop your relationship with your Client – actively seeking out additional opportunities for yourself (either repeat business of the course that you have just delivered or cross-selling additional courses that you may offer).
That any future bookings are all made via the Business Trainer Hub, even if your client approaches you directly.
That you will keep your profile up to date in term of: clients with whom you have worked, courses that you can deliver (including using the 'add new course' function if your course is not listed), locations in which you have trained, feedback that you have received and any other information that will help prospective clients identify your relevant skills.
That they will provide accurate details of the course venue, including name and contact details of your on-site host.
That they will provide a LCD projector, TV or equivalent.
That they will provide a flipchart and marker pens, and possibly note pads and pens for the delegates.
That they will make arrangements for refreshments and lunch (which may or may not be supplied free of charge by them).
That they will deal with all onsite administration, including the resolving of any IT issues.
That they will collect any materials that you have pre-delivered to the workshop (ensure you have sent the materials to the correct person / address) and deliver them to the training room for you, or inform you of where you can collect them from.
That they will fully brief you on any on site Health & Safety procedures (including location of fire exits and any fire alarm tests scheduled).
That they will take responsibility for ensuring that delegates are punctual at the start of each session, and remain in the workshop for its duration (unless otherwise agreed).
That you are promptly paid for the reimbursement of any additional travel expenses to be paid directly to you (as agreed at the time of booking) and which were not covered in the original booking fee.
Below you will find the Terms & Conditions of registration with ICARIANS.NET and conducting business through the site. For your convenience, we have summarized the key points here.
Please ensure that you read the detailed Terms & Conditions before accepting them. If there is anything that causes you concern, then please contact us.
1. Registration does not guarantee any work. As a trainer, you only become committed to delivering a workshop or training when agreed with the client and when they have paid.
2. By registering, you are confirming that you are legally allowed to provide the services described on this website.
3. When responding to an enquiry by a client, you are confirming that this does not prejudice any other contracts that you may have with other training providers.
4. If you accept a piece of work, you are confirming that you are technically competent and sufficiently experienced to deliver that workshop or training (as might be reasonably expected by the client)
5. You confirm that you own the IPR (intellectual property rights) to any materials that you use and that the details in your profile are accurate, correct and up to date (including any insurance that you may hold)
6. You agree not to subcontract any training to another individual (without the client's written approval). You will not attempt to contact or transact with the client outside of the ICARIANS.NET website. You will endeavor to find an alternative trainer if you are ill (with the client's agreement). You will comply with the client's policies and any other (reasonable) requirements. You will provide training materials unless otherwise agreed with the client (you will be remunerated for the additional cost).
7. When the client pays (in advance of the training) you will become legally committed to delivering the training workshop. You will be paid 7 days following the successful delivery of the training workshop. In this case 'successful' means that you have delivered the agreed workshop at the agreed location within the agreed timings.
8. You agree to treat confidential information accordingly.
9. You confirm that you own the IPR to any materials that you use. If you are using third party materials (including those of the client), you confirm that you have the necessary permissions to use those materials and will respect any restrictions in place.
10. You agree that we can use your information to contact you, and can use your profile in our marketing literature.
11. ICARIANS.NET will not be liable for any breaches of contract by the trainer.
12. If you choose to terminate your relationship with us, you agree to fulfil any training workshops that you have agreed to deliver. ICARIANS.NET may terminate this agreement if you are found to be in breach of these terms & conditions.
13. Registration on the website does not constitute employment.
Please read these Terms and Conditions carefully as this is a legally binding contract between an individual wishing to provide training services to clients, clients or students either direct or via a service company (“Trainer”) and ICARIAN TECHNOLOGIES (trading as ICARIANS.NET), together referred to as “Parties”. You indicate that you accept these Terms and Conditions and that you agree to be bound by them. The use of the Website is governed by its terms of service. To the extent there are any conflicts between these Terms and Conditions and the Terms of Use, these Terms and Conditions shall prevail. The Terms and Conditions are later referred to as “this agreement”.
Information about ICARIANS.NET
ICARIAN TECHNOLOGIES operates the website http://WWW.ICARIANS.NET/
ICARIAN TECHNOLOGIES is a private limited company incorporated in New Delhi, India.
1. Introduction
ICARIANS.NET provides an online booking mechanism (“Platform”), which enables Trainers to respond to requests from clients or learners seeking trainers for the provision to them of specified training courses.
A request constitutes an offer by a Trainer to provide a training course (“Workshop”) to employees or agents or invitees of the Client (“Delegates”) which offer is accepted by the Client only on receipt by ICARIANS.NET of the agreed payment in accordance with these terms and conditions.
Registration on the Platform as a Trainer is not intended to and does not operate as a promise or guarantee of any kind by ICARIANS.NET to a Trainer as to the availability of work.
The Platform enables Trainers and Learners to carry on a dialogue with a view to finalizing the nature, timing, content and price of each Workshop. The point at which these details have been settled is described in these terms and conditions as “Initial Booking” and the agreed specification for the Workshop will be set out in a mutually agreed confirmation sheet (“Confirmation Sheet”) on the Platform.
The Trainer should note that Initial Booking is only the point where the specification for a Workshop is agreed. A Trainer only becomes finally committed to conducting a Workshop when the Client makes the first payment as described below.
ICARIANS.NET is remunerated by way of:
(i) a commission fee for the booking as in force and notified to the Trainer from time to time; and (ii) the notified administrative fee from time to time.
Becoming a Trainer
To become a Trainer, a Trainer must complete the registration form on the Website. The required information must be provided (these are set out on the website) (“Registered Information”). ICARIANS.NET has absolute discretion to decide whether to approve or reject a registration. By registering on the Website, a Trainer warrants: (i) that it is legally capable of entering into binding contracts and (ii) where the Trainer registers as an individual and not through a services company that he or she is at least 18 years old.
A Trainer is obliged to keep its Registered Information up-to-date and it is responsible for any consequences of any failure to do this.
A Trainer may access the Platform and respond to a requests only if it is not restricted from doing so by contractual, fiduciary or other obligation(s). By completing the registration form and accessing the Platform, a Trainer warrants that it is not restricted from replying to Bids or conducting Workshops for Clients and that it has obtained all necessary approvals.
A Trainer is free at any time prior to Final Acceptance to accept or decline any request from a Client to conduct a Workshop at its sole discretion, provided that it may finally accept only those Workshops that:
do not carry any conflict of interests;
it is permitted to conduct under applicable laws and any restrictions it may have (including contractual, employment, or otherwise); and
relate to topics about which the relevant individual or individuals providing the training are knowledgeable and up to date and therefore technically able to deliver a Workshop to the standard reasonably expected by the Client assuming the Client has in turn been clear as to its requirements.
The conduct of any Workshop and the content and format of the Materials will not infringe the copyright rights or other intellectual property rights of any third party and hereby indemnifies ICARIANS.NET from and against any costs claims damages or expenses (including reasonable legal expenses) that it may incur or suffer as a result of any breach of this warranty;
Any individual Trainer made available to conduct a Workshop has the academic or vocational qualifications or the prior experience set out in the Registered Information and that such Registered Information is accurate. The Trainer acknowledges that ICARIANS.NET may not verify the accuracy of any CV published on the Platform;
It has adequate insurance (including travel insurance) in respect of conduct of the relevant Workshop
Each Trainer agrees:
Not to sub-contract its obligations to run Workshops without the express prior agreement of the Client;
At all times to act with all due care, skill and ability in any dealings with Clients and Delegates;
That ICARIANS.NET has generated marketing leads for it by being given access to a database of Clients and prospective Workshops that has been built up over time and at great cost to ICARIANS.NET and that therefore it is reasonable for the Trainer to commit not to seek to circumvent the Platform by directly or indirectly soliciting Clients or Delegates for the purposes of booking Workshops at any time whilst registered as a Trainer and for a period of 12 months after ceasing to be registered as a Trainer on the Platform;
To cooperate fully with ICARIANS.NET and its affiliates in connection with any inquiry or investigation (whether formal or informal), and any defense or prosecution of any claims or actions;
To follow the processes for scheduling, conducting and cancelling/postponing Workshops as set out on the Platform;
To notify ICARIANS.NET and the Client as soon as possible if it becomes ill or is otherwise unable to conduct a Workshop and to use reasonable endeavors to secure at its own expense a suitably qualified alternative Trainer to conduct the relevant workshop subject to Client acceptance of the suggested alternative (which acceptance shall be communicated through the Platform); and
To be responsible for compliance with all applicable laws, rules and regulations including Data Protection regulations and that it will comply with guidelines issued by the client including any expenses policies
That it will not publish or cause to be published any derogatory or defamatory comments about either ICARIANS.NET or a Client;
It will provide course materials and relevant teaching equipment for each Workshop unless otherwise agreed with the Client and ensure that such materials will be of a quality as to finish and layout that the Client can reasonably expect (e.g. they will be properly proof-read and accurate as to spellings and layout). Any materials shall also comply with the agreed course outline and contain any changes agreed with the Client;
It will redirect the Client to the Platform if it receives a direct solicitation for a request;
It will comply with any health and safety guidelines of the Client whilst on Client’s premises and will notify the Client of any health and safety issues that it becomes aware of;
It will complete the online ICARIANS.NET register - ensuring that all delegate names & email addresses are accurately input - and will submit in a timely manner (no later than the end of the last day of the training workshop) to enable delegates to provide feedback;
It will complete any attendance register and other administration forms as required by the Client;
It will correspond with the Client only via the notified email link from the Platform
Following Initial Booking and receipt by the Client of the Confirmation Sheet, the Client shall have the period from Initial Booking to a date not later than 2 weeks prior to the scheduled date of the Workshop to pay the Workshop fee stated on the Confirmation Sheet as well as any agreed travel expenses into a separately designated bank account in the name of ICARIAN TECHNOLOGIES, details of which are on the Confirmation Sheet.
Payment of the fee is the point at which a Trainer becomes committed to providing the Workshop.
If the Client fails to pay the required fee on the due date, the Trainer shall be entitled to cancel the Initial Booking and if it does so any obligation on the Trainer to conduct the Workshop shall cease.
The Trainer will be paid its agreed fee (less ICARIANS.NET ’s own fees) two weeks after the Workshop has been conducted. ICARIANS.NET will withhold all or some of the fee if the Trainer has materially failed to meet its obligations (including failure submit the online attendance register or to attain satisfactory feedback from the Client or Delegates).
ICARIANS.NET shall retain the agreed Workshop fee in the ICARIAN TECHNOLOGIES Account.
Each Trainer consents to the issue by ICARIANS.NET of self-billed invoices in respect of its fees. The Trainer agrees not to issue its own invoices in respect of such deemed supplies. Each Trainer shall inform ICARIANS.NET forthwith on it ceasing to be registered for tax, or following a sale of its business or the re-registration of it business under a new registration number.
A Trainer must not disclose any confidential information, including but not limited to the contents of this agreement, all non-public materials and proprietary information, commercial secrets, and any information covered by any non-disclosure agreement(s) to which it is a party (“Confidential Information”). A Trainer continues to be bound by this clause also after termination of this agreement.
Should this agreement be terminated by any reason, the Trainer agrees to return to ICARIANS.NET or irretrievably delete any information relating to ICARIANS.NET stored by it, as requested by ICARIANS.NET.
Any materials made available to Trainers on the Website, regardless of whether they are specifically marked, are protected by copyright and other intellectual property laws and remain the property of the copyright owner stated. ICARIANS.NET has the agreement of the copyright owner to make these materials available and does so on a good faith basis without warranting the quality or appropriateness of these materials for specific Workshops.
Trainers may not use such materials in any way other than for the conduct of Workshops.
Trainers will in general be utilizing their own Materials or Materials they have sourced from third parties other than ICARIANS.NET in the course of providing Workshops. In all cases, regardless of whether they are specifically marked, such Materials are protected by copyright and other intellectual property laws and ICARIANS.NET confirms that they remain the property of the original owner and that it has no ownership claims or rights in respect of the same.
The parties agree that ICARIANS.NET can use the Registered Information to contact a Trainer (by phone, email or otherwise) at any time. It is further agreed that ICARIANS.NET may retain, in a manner consistent with its Privacy Policy, the Registered Information once an application has been made to be registered as a Trainer.
ICARIANS.NET shall have the right to utilize and publish any Profile, in whole or in part, in its marketing materials, whether contained on the Website or elsewhere.
Information provided by each Trainer is stored in a database in INDIA and will be accessed by ICARIANS.NET staff and third parties with whom ICARIANS.NET has contracted. The information may also be held, processed, and transferred inside or outside the European Economic Area.
11. Liability
Each Trainer shall be liable to and shall indemnify ICARIANS.NET for any loss, liability, costs (including reasonable legal costs), damages and expenses arising from any breach by a Trainer of the terms of this agreement and/or any negligent or reckless act or any defamatory conduct.
ICARIANS.NET reserves the right to terminate at its sole discretion the registration of any entity as a Trainer with immediate effect if ICARIANS.NET learns that it has committed a material breach of this agreement including the disclosure of Confidential Information, ICARIANS.NET will immediately terminate this agreement and withhold payments for Workshops already conducted but not yet paid and possibly seek to recover any profit earned by coach from direct dealings in breach. ICARIANS.NET also reserves its right to take such other action as it seems appropriate.
ICARIANS.NET shall also be entitled to cancel a registration if a Trainer is served with a bankruptcy or winding up petition, or is otherwise unable to pay its debts as they fall due.
A Trainer may terminate its registration (subject to fulfilling any Workshop bookings already committed to) by giving ICARIANS.NET two weeks’ prior notice in writing.
13. General
ICARIANS.NET does not guarantee that any requests of any Trainer will be successful.
ICARIANS.NET may modify these Terms and Conditions from time to time by posting the modification(s) on the Website. Unless otherwise specified by ICARIANS.NET all modifications will be effective upon posting.
Except as expressly agreed in writing, Trainer will not have any right or authority to negotiate any agreement or otherwise incur any obligation on behalf of ICARIANS.NET or to make any representations or warranties on behalf of ICARIANS.NET or any Client.
ICARIANS.NET shall not be responsible for any failures of the Platform or other failures on its part where the cause of the failure is the occurrence of any act of force majeure (being an event which is beyond the reasonable control of ICARIANS.NET (including but not limited act of God, terrorist event, strike, civil commotion or natural disaster).
Any party’s status as a Trainer does not create an employment, agency, partnership, joint venture or any other form of association, for tax purposes or otherwise, between that party and ICARIANS.NET or any Client.
A Trainer shall not make any unauthorized use of ICARIANS.NET 's name.
The terms of this agreement and any document or policy expressly referred to within its provisions constitute the whole agreement between ICARIANS.NET and Trainer and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between ICARIANS.NET and you relating to the subject matter.
ICARIANS.NET shall be entitled to assign the benefit of this agreement but the Trainer shall not be permitted to assign the benefit of this agreement.
The parties acknowledge that, in entering into this agreement they will not have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in this agreement or the documents referred to in its provisions. The Parties agree that the only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be a breach of contract. Nothing in this clause limits or excludes any liability for fraud or fraudulent misrepresentation.
If any court or competent authority finds that any provision of this agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this agreement shall not be affected. If any invalid, unenforceable or illegal provision of this agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
This agreement and any dispute or claim arising out of 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 India. The parties irrevocably agree that the courts of India shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims) although ICARIANS.NET retains the right to bring proceedings against Trainer for breach of this agreement in its country of residence or any other relevant country.
CUSTOMER terms and conditions
1.1 This agreement is between you, the customer or organization making use our services or through us (“you”) and The ICARIANS.NET Limited trading as The ICARIANS.NET (“We”, “Us” or “ICARIANS.NET”).
1.2 These terms and conditions (“Terms”) will apply to any use of our website or app and to any services (“Services”) provided by us. By continuing to use our site or the Services you accept these Terms and they will apply to the agreement between you and us (the “Agreement”).
1.3 These Terms may be amended from time to time. Any amendments or new terms and conditions will be available on our site and the terms and conditions on the site at the time you use our services. You may terminate this Agreement if you do not wish to be bound by any such amendments but by continuing to use our site or Services you will be deemed to have accepted the new terms.
1.4 Please note that these Terms apply only to your use of the site and the provision of Services directly by us to you, namely the service we offer allowing you to book educational, vocational or training courses (“Training”) for delivery to businesses and organizations in-house. Training is provided by professional trainers, and other third party organizations (“Trainers”). We are not responsible for the content of any Training or course, unless it is a course designed and developed by us.
1.5 Where a Contact exists between you and the ICARIANS.NET and there is a conflict with these Terms & Conditions, the Contract shall take precedence.
2. Registration
2.1 When using the site, you will be invited to register with us. Registration is not necessary to be able to access the site. However, you will not be able to message or contact us regarding Training using the site if you have not registered and do not have an account with us (“Account”).
2.2 By registering with us, the individual who has registered their email address confirms that they are entitled to showcase Training courses and hire Trainers on behalf of their organization.
2.3 To register we will require that you provide us with the name of your organization and a valid email address. We may require additional information as well. Please note that any personal information that you provide to us will be subject to our data protection obligations which are set out in our privacy policy. The Privacy Policy forms part of the Agreement.
2.4 You will also be asked to create a password when registering. We recommend that you keep your password confidential and do not disclose it to any third party. If you do so reveal your password to a third party and they then access the site or use our Services, they will be deemed to be acting as your agent. We will not be held responsible for any action taken by any third party to whom you have disclosed your password. If you believe a third party has become aware of your password and is using your Account without authorization from you, please notify us immediately and we will suspend or close the Account at our discretion.
2.5 You must supply a valid email address when registering so that we can communicate with you, including sending any booking confirmations and other information about our Services. We will not be held responsible if you fail to provide a valid email address and you do not receive a booking confirmation or other information from us that you might be expecting. If you become aware that you have supplied an invalid email address, please contact us immediately to correct the information we hold about you.
2.6 We may suspend or close your account at any time if you are in breach of the terms of this Agreement. If we suspend or close your Account, you will not be able to showcase further Training or Trainers through us or use any of our other Services and may not be able to access the site.
3.Bookings and payment
3.1 You may browse the Training and Trainers on the site and if you wish to book a Course or a Trainer you may issue a request for a booking (“Booking Request”) using the site.
3.3 We or the Trainer may accept or reject a Booking Request. If a Booking Request is accepted, then you will have an opportunity to confirm the booking. Once the booking is confirmed by you, a binding contract for the provision of the Training will come into effect.
3.4 Upon confirmation of a booking you will be required to make payment in full to the ICARIANS.NET by direct bank transfer or debit or credit card payment unless (at our discretion we have agreed to provide you with credit terms). A booking will not be confirmed until such time as payment in full is received or payment terms agreed.
3.5 Upon receiving notification that you have paid we will confirm the booking by email. We will also notify your booking to the Trainer and provide them with your contact details. By making a booking you confirm that you consent to us passing your contact details to the Trainer.
3.6 A booking will not be complete until you have made payment and received a booking confirmation email from us.
3.7 At the point we confirm your booking a binding agreement will have been formed between you and the Trainer.
3.8 We require payment in full in advance for all Training unless we have agreed to credit terms. All credit accounts and services provided on credit are provided at our sole discretion and subject to ongoing approval. We reserve the right to refuse credit, even to existing credit customers, at any time.
3.9 We will only supply services on credit to business, professional, not-for-profit and public sector customers. We do not supply goods on credit to consumers. By opening a credit account, you agree and accept that you are not dealing with us as a consumer.
3.10 In order to open a credit account with us you will be required to supply us with references and such other information as we may request.
3.11 We reserve the right to carry out a credit reference search on you. We may update this search at any time.
3.12 You agree that all information you supply in connection with your application for credit terms is true, complete and not misleading.
3.13 We reserve the right to adjust your credit limit or to withdraw credit at any time for any reason.
4. Cancellation
4.1 If we or your Trainer cancels a course or Training which has been booked without providing a suitable alternative, amount paid in respect of that course or Training will be repaid to you, but neither we nor the Trainer shall have any further liability whatsoever.
4.2 Please note that once Training is booked you will not be entitled to cancel the Training. If you have booked Training and you wish to move the date of the Training, please let us know as soon as possible and we and the Trainer will try to find an alternative date for the Training. Please note that if an alternative date cannot be agreed then you will not be entitled to a refund.
4.3 Please note that the Trainer will be deemed to have delivered the Training and the fees paid will not be refunded if they arrive at the agreed location ready to deliver the Training. Fees paid will not be refunded if facilities are not available or attendees fail to attend the Training.
5. Trainers
5.1 We make great efforts to ensure that the Trainers who list on the site are providing Training and courses of a high standard but we accept no responsibility and will have no liability to you if the Training does not meet your requirements or you find it unsatisfactory in some way and your right of action or claim will be against the Trainer
5.2 You agree not to contact Trainers directly other than via ICARIANS.NET under any circumstances.
5.3 Some Trainers may offer a money back guarantee for certain Training. The money back guarantee will not apply unless specifically offered and may be subject to such terms as may be specified. If specific terms are not specified for the money back guarantee, then the following will apply. You will be entitled to a full refund for the Training if all of the participants in the Training complete a feedback form and the average score for “overall satisfaction” is less than 6.5 out of 10.
6. Training Materials
6.1 All intellectual property rights including copyright which are capable of existing in any documents, software or other materials created or supplied by us to training participants (the ‘Materials’) belong to us or the Trainer. The Materials produced or supplied as part of any Training are licensed to you for internal use only in connection with the purposes of the training provided.
6.2 You undertake for yourself and on behalf of your employees and agents to keep all Materials confidential. Training participants may keep one copy of the Materials. You agree that you (together with your employees and agents including all training participants) will not be entitled to copy, distribute, license, transfer, give or sell to any third party all or any part of the Materials without our express written consent (save where you are required to disclose such information by law).
7. Facilities and Delegates
7.1 The Trainer will attend the agreed location at the agreed time. You agree to comply with any reasonable directions or requests which may be made by the Trainer.
7.2 You agree that the Trainer will be provided with such access to your premises (or the premises where the Training is to be delivered) as may be required and will be provided with such facilities as may be necessary to perform the training including a suitable room, and display and audiovisual facilities.
7.3 You agree to provide a safe working environment for the provision of the Training and you agree that your premises will comply with all applicable health and safety and other requirements. The Trainer may refuse to continue to deliver the services if they reasonably believe that the environment is not safe.
7.4 You agree that any participants and delegates for Training you have booked will comply with these Terms as if they had been party to them and you are entering into this Agreement on behalf of such participants and delegates.
8. Your obligations
8.1 You must:
8.1.1 agree to observe and act in accordance with the Trainer reasonable directions and requests;
8.1.2 when attending a course, not deal with the Trainer or any other individuals attending the course in any way which could be deemed to be harmful to our business or reputation or do anything which might adversely affect our relationship with a Trainer;
8.1.3 provide us with accurate information and ensure that all details that we hold about you (including your email address) are up to date and valid;
8.1.4 use the site in accordance with these Terms and not in any way which may affect our reputation or the use and enjoyment of the site or our Services by any other users or third parties;
8.1.5 inform us as soon as it is practicable if you become aware that someone has tried to access your Account without your permission or attempted to book Training using your details.
8.2 You warrant that you have the power and authority to enter into this Agreement and any agreement with a Trainer in respect of a booking.
9.The site
9.1 Although we aim to offer you the best service possible, we make no promise that the services at this site will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with the site, you should report it and we will attempt to correct the fault as soon as we reasonably can.
9.2 Your access to the site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
9.3 The site may provide content from other internet sites or resources and while we try to ensure that material included on the site is correct, reputable and of high quality, we do not make any warranties or guarantees in relation to that content. If we are informed of any inaccuracies in the material on the site, we will attempt to correct the inaccuracies as soon as we reasonably can.
9.4 As a convenience to you, the site includes links to other web sites or material which are beyond our control. We are not responsible for content on any site outside the site.
9.5 Parts of the site may contain advertising and sponsorship. We will always look to ensure that it is clear what content on the site is an advertisement. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the site complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
9.6 We make no promise that materials on this site are appropriate or available for use in locations outside the India, and accessing this site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside India, you do so on your own initiative and are responsible for compliance with local laws.
9.7 In certain cases you may have the ability to leave comments or reviews on the Courses listed on our site. When uploading a comment or review to the site please do not:
9.7.1 upload any files or post or publish any that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another's computer;
9.7.2 bully, intimidate, or harass any other user of the site;
9.7.3 do anything unlawful, misleading, malicious, or discriminatory;
9.7.4 do anything to disable or impair the proper working of the site;
9.7.5 impersonate any other person in any profile whether or not that other person is a user of the site.
10.Termination and suspension
10.1 We may suspend your Account at any time should you be in breach of this Agreement. Furthermore, if you have not registered with us we may suspend your access to the site or the Services if we believe you to be in breach of this Agreement.
10.2 If we suspend your Account or access to the site for any reason we may refuse to provide you with any Services or the right to book further Courses. If you attempt to circumvent this clause by attempting to create a new account, we reserve the right to terminate this Agreement and any existing Account you may have.
10.3 We may terminate this Agreement and your Account at any time if:
10.3.1 you are in breach of the terms of this Agreement;
10.3.2 we suspect that you are about to commit a breach of this Agreement;
10.3.3 you become or we suspect that you are about to become insolvent.
10.4 In the event of termination, the terms of this Agreement will continue in full force, so far as such terms relate to existing bookings or the consequences of any previous booking (including terms relating to fees, liability and damage). In respect of any outstanding bookings, we will notify the relevant Trainer and they are responsible for any further action they may take in relation to that booking.
11.Your liability and indemnity
11.1 You agree to indemnify us for any claims or legal proceedings that may be brought against us and for any loss or damage we may suffer or incur as a result of:
11.1.1 your breach of the terms of this Agreement; or
11.1.2 your breach of the Trainer’s terms, including the terms on their listing and their additional terms and conditions;
11.1.3 your breach of the Payment Terms; or
11.1.4 your actions in relation to the Services, the site or the Training.
12. Our liability
12.1 We will not be liable to you for any business, financial or economic loss or for any consequential or indirect loss such as loss to reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of any services we provide to you under, or in any other way connected with, this Agreement (whether suffered or incurred as a result of our negligence or otherwise) except in the case of fraud, willful concealment or theft.
12.2 For the avoidance of doubt, the liability excluded under clause 10.1 includes any loss arising from your dealings with any Trainer or arising from the content of any course or Training and we shall have no liability to you whatsoever for any act or omission of the Trainer in connection with the Courses or in relation to the Courses themselves.
12.3 Our liability to you for all losses under this Agreement (subject to any liability in accordance with clause 12.5 below) is limited to the total amount paid by you for Training in the previous 12 months up to the date of the relevant claim.
12.4 No claim may be brought against us in relation to this Agreement more than 12 months following the date on which you last booked Training with us.
12.5 Nothing in this agreement limits or excludes our liability for death or personal injury arising as a result of our negligence or for fraud or fraudulent misrepresentation.
12.6 You agree that the above exclusions of liability are reasonable in all the circumstances, especially in light of the fact that our responsibilities under this Agreement include only the provision of the site and Services and responsibility for the Course and fulfilment of a booking lies solely with the Trainer.
13. Intellectual property
13.1 The content of the site is protected by copyright, trademarks, database right and other intellectual property rights (“IP Rights”) and all such IP Rights are owned by The ICARIANS.NET or Icarian Technologies are properly licensed to us by our licensors. The IP Rights in the site shall remain our property or the property of our licensors.
13.2 You may retrieve and display the content of the site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the site without our written permission.
14. General
14.1 Each of the parties confirms its power to enter into the Agreement and has obtained all necessary approvals to do so.
14.2 By entering into this Agreement you also agree to our Privacy Policy which is available on our site.
14.3 Any notice to be served on either of the parties by the other shall be sent by pre-paid recorded delivery, registered post, fax or email to such physical or electronic address as may be notified by one party to the other.
14.4 No term of the Agreement will be enforceable by virtue of the Contract (Rights of Third Parties).
14.5 We will be entitled to assign or sub-contract our obligations under this Agreement.
14.6 Each party acknowledges that the Agreement, including the Privacy Policy contain the whole agreement between the parties and that it has not relied upon any oral or written representations made to it by the other and has made its own independent investigations into all matters relevant to it.
14.7 If any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement without modifying the remaining provisions, and shall not in any way affect the validity or enforcement of the remaining provisions of this Agreement.
14.8 Any failure by you or us to exercise or enforce any right or to enforce any obligation of the other party will not amount to a waiver of that right and that party will remain entitled to enforce that right.
14.9 This Agreement shall be governed by Indian law in every particular including formation and interpretation and shall be deemed to have been made in India.
