Definitions:
“Agreement” means these training course terms and conditions.
“Course” means the Sybase scheduled training course set out on the Sybase website, as purchased by Student.
“Student” refers to the individual or entity that has purchased the Course as set out on the Sybase website.
1. Provisional Bookings
Sybase will hold a place provisionally for up to 10 working days prior to Course commencement.
Following a provisional booking, Student must place a purchase order with Sybase confirming their purchase of the Course. Should Sybase fail to receive such purchase order from Student, Sybase shall be entitled, at its discretion, to cancel the Student place without prior notice. All fees under this Agreement shall be non-refundable, except under paragraph 4 below.
All fees and charges will be invoiced upon execution of this Agreement and all invoices will be due and payable by Customer to Sybase Net within thirty days of the date of the invoice. In addition, Customer will be responsible for payment of all VAT, sales and use taxes.
2. Substitutions:
Substitutions of Students may be made at no charge provided the substitute meets the Prerequisites set out in section 6, and Sybase is informed in writing prior to course commencement.
3. Attendance
Failure to attend without notice will be treated as a cancellation and no refund of the Course fee will be due. If Student fails to attend the first or any subsequent day of a Course, Sybase reserves the right to deny the Student entry to the classroom for the remainder of the Course.
4. Rescheduling by Sybase:
Sybase reserves the right to cancel a Course at any time, and Sybase shall inform Student of such cancellation and offer Student alternative dates or a full refund of the fees paid. Sybase's liability will be restricted to the refund of any Course fees paid. Sybase shall not be liable for any other expenses incurred.
5. Prerequisites:
It is the Student's responsibility,to ensure that the Student meets any stated Course prerequisites. Sybase will deliver the Course with reasonable care and skill but accepts no liability in the event that the content of the Course does not meet the Student's requirements.
6. Copyright:
All intellectual property rights , including copyright, patents, design rights and know-how in or relating to the course or course materials that are provided, or made available in connection with the delivered course, remain the sole property of Sybase. No copies may be made of course materials either whole or in part or provided to, shown to, or used by a third party, unless expressly agreed in advance in writing by Sybase.
7. General:
Terms and conditions are deemed to have been accepted by the client once a confirmed booking has been received by Sybase.
8. Intellectual Property Rights
Sybase retains all ownership in any copyright and all other intellectual property rights in the Course and any other related services or documentation developed by Sybase and delivered to Student with, or in relation to, the Course. Under no circumstances may the Course documentation be reproduced or copied in any form or by any means without the prior written permission of Sybase.
9. Limitation of Liability:
Except as expressly set out in this Agreement, all warranties, conditions, representations and terms whether express or implied by statute, common law, custom, trade usage, course of dealing or otherwise, including without limitation any implied terms, conditions or warranties of satisfactory quality, fitness for a particular purpose or non-infringement are hereby excluded to the fullest extent permitted by law. Sybase does not warrant the results of any training Courses. The maximum aggregate liability, if any, of Sybase and any other member of the Sybase group under or in connection with this Agreement (whether arising, in contract, tort, breach of warranty, claims by third parties or otherwise), shall not in any event exceed the fees paid by Student for the Course which gave rise to the claim. Sybase’s licensors shall not be liable for direct damages hereunder. Under no circumstances shall Sybase, any other member of the Sybase group or their licensors be liable under or in connection with this agreement for:
a) loss of profits, loss or inaccuracy of data, loss resulting from business disruption, loss of contracts, loss of revenue, loss of anticipated savings, loss of goodwill, lost or wasted management time or time of other employees or contractors; or
b) indirect, special, incidental or consequential damages, even if such party has been advised of the possibility of such damages.
Notwithstanding any other clause in this Agreement, Sybase does not exclude or limit its liability for death or personal injury caused by its negligence or for any of its fraudulent acts or omissions or for any liability which can not be excluded by law. “Sybase group” means Sybase, Sybase Inc, any group company of Sybase or Sybase Inc (as group is defined in section 53(1) of the Companies Act 1989) or any company under common control (i.e. more than 50% voting control) with Sybase or Sybase Inc. This section shall survive termination of this Agreement.
10. Governing Law
This Agreement will be subject to the laws of England & Wales and both parties irrevocably submit to the exclusive jurisdiction of the courts of England.
