1.1 “Bespoke Training” means a Course created by or on behalf of LBTC for the Client as specified on the Order or Proposal.
1.2 “Client” means the individual firm company or organisation purchasing the Services and/or Course Material.
1.3 “Complaint” means an expression of dissatisfaction with any individual, service or lack of service where a response is reasonably expected, and has not been resolved by an informal approach.
1.4 “Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
1.5 “Consulting” means the service provision of expert advice in business and management by LBTC to the Client as specified on the Order or Proposal.
1.6 “Correspondence address” London Business Training and Consulting, 7 Pancras Square, Kings Cross, London N1C 4AG.
1.7 “Course” means the teaching service offered for purchase on the Website, Course Brochure or Course Search Websites by LBTC and which can be purchased directly from LBTC by the Client. The Client will be provided with access to the LBTC’s terms and conditions.
1.8 “Course Brochure” means any electronic or hard copy document that is produced by LBTC to provide detailed information with respect to the Services these Terms cover.
1.9 “Course Materials” means the learning documentation and supplies, provided by us to you, both in hard and electronic format.
1.10 “Course Provider” means the organisation responsible for the delivery and development of the Course and Course Materials.
1.11 “Course Search Websites” means online marketplaces where Course Providers offer various Courses to Clients for purchase.
1.12 “Data Controller” has the meaning set out in section 1(1) of the Data Protection Act 1998.
1.13 “Data Subject” means an individual who is the subject of Personal Data.
1.14 “Delegate” means the person attending the Course.
1.15 “Fees” means the fees for the provision of the Services as set out on the Order or Proposal for each Service and/or Course Material and shall include any VAT payable.
1.16 “Intellectual Property Rights” means the following rights for their full term (including any extensions or renewals thereof) and wherever in the world enforceable: (i) rights in, and in relation to, any patents, petty patents, registered designs, design rights, trade marks, rights in domain names, trade and business names (including all goodwill associated with any trademarks or trade or business names) copyrights, moral rights, rights in databases, topography rights, and utility models, including the benefit of all registrations of, applications to register and the right to apply for registration of any of the foregoing items and all rights in the nature of any of the foregoing; (ii) trade secrets, confidential information and other proprietary rights in data and information, including rights to know how and other technical information; (iii) rights in the nature of unfair competition rights and to sue for passing off; and (iv) all other intellectual or industrial property rights of any nature whatsoever.
1.17 “LBTC” means London Business Training and Consulting Ltd (Company No. 10565472) incorporated in England and Wales whose registered address is at 33 Bowline Court, Durham Wharf Drive, Brentford, London TW8 8FH, United Kingdom.
1.18 “Open Courses” means Courses listed in LBTC’s annual Course Brochure and is made available to the public through an open schedule.
1.19 “Order” means a request for a Services by the Client.
1.20 “Personal Data” has the meaning set out in section 1(1) of the Data Protection Act 1998 and relates only to personal data, or any part of such personal data, in respect of which you are the Data Controller and in relation to which we are providing services under this agreement.
1.21 “Processing and process” have the meaning set out in section 1(1) of the Data Protection Act 1998.
1.22 “Proposal” means a written plan for Bespoke Training and/or Consulting created by or on behalf of LBTC for the Client as specified on the Order.
1.23 “Purchase” means the Client’s purchase of Services.
1.24 “Services” means the provision of the Open Course and/or the Bespoke Training and/or the Course Material and/or the Consulting by us together with such other services as agreed from time to time and purchased by you through the Website or in writing or by telephone as set out in the Order.
1.25 “Start Date” means the date on which the Service delivery commences.
1.26 “Terms” means these terms and conditions as amended from time to time in accordance with clause 19 below.
1.27 “Training” means the training specified on the Order or Proposal and comprising Open Courses and/or Bespoke Training.
1.28 “Training Services” means the training services set out in the Order or Proposal to be provided by LBTC to the Client that could include, but are not limited to learning consultancy, development of bespoke training materials, project management, training and course administration, delivery of a training event or series of events.
1.29 “VAT” means value added tax.
1.30 “Website” means the website located at www.lbtc.co.uk.
1.31 “Working Day” means from the hours of 9.00 am to 5.30 pm on a day other than a Saturday or Sunday or public holiday in England and Wales and 9.00 am to 5.00 pm on a Friday.
1.32 The following rules apply in interpreting the content of these terms and conditions:
1.32.1 References to “we”, “us” and “our” are references to LBTC.
1.32.2 References to “you” and “your” are references to you the Client.
1.32.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s personal representatives successors and permitted assigns.
1.32.4 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.32.5 A reference to any party shall include that party’s personal representatives, successors and permitted assigns.
1.32.6 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
1.32.7 A reference to writing or written includes letters and e-mail.
1.32.8 A reference in these Terms to any other agreement or document referred to in this agreement is a reference to this agreement or such other agreement or document as varied or novated (in each case, other than in breach of the provisions of this agreement) from time to time.
1.32.9 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2. Ordering Services
2.1 You may place an Order for a Service online via the Website, or in writing by email.
2.2 When you place an Order for a Service (either via the Website, Course Search Websites, by email or telephoning LBTC) you are offering to purchase that Service on these Terms. LBTC reserves the right to decline or cancel your order, or any part of your order.
2.3 A legally binding agreement between us and you shall come into existence when we have:
2.3.1 accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
2.3.2 received payment of the relevant Fees from you in accordance with clause 3 below.
2.4 Where your order consists of multiple Services or multiple Course Materials, each individual Service and each individual Course Material will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more Services and/or Course Materials will not be acceptance by us of your offer to purchase any other Services and/or Course Materials which make up your order.
2.5 If you inform us that your employer is paying the Fee, we will invoice your employer directly.
2.6 A description of the Services are available on our Website, Course Brochure and Course Search Websites. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website, Course Brochure and Course Search Websites.
2.7 We reserve the right to vary or withdraw any of the Services described on the Website and/or Course Brochure and/or Course Search Websites without notice.
2.8 Any samples, drawings, descriptive matter or advertising issued by LBTC, and any descriptions or illustrations contained in LBTC’s Course Brochure or on LBTC’s Website or Course Search Websites, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not have any contractual force.
3. Fees and Payment
3.1 The Fees for the Services shall be as displayed on the Website, in the Course Brochure, on Course Search Websites and/or will be notified to you by LBTC at the time you placed an order for them.
3.2 Fees are liable to change at any time, but changes will not affect Orders already accepted.
3.3 Unless otherwise specified at the time you purchase the Services the Fees are exclusive of VAT or other local taxes, the cost of some Course Materials and any delivery costs payable in respect of the delivery of Course Material to you. Each of these costs will be communicated to you in writing or over the telephone prior to your purchase of the Services.
3.4 If the rate of VAT changes between your enrolment date and the Service Start Date, we will adjust the rate of VAT that you pay, unless you have already paid for the Service in full before the change in the rate of VAT takes effect.
3.5 In the unlikely event that due to a technical error, the amount of the Fee displayed on the Website or in the Course Brochure or on Course Search Websites is incorrect, LBTC will notify you as soon as it reasonably can. If the correct amount of the Fee is higher than the amount displayed on the Website and/or in the Brochure and/or on the Course Search Website, LBTC will contact you to notify you of the correct Fee, so you can decide whether or not you wish to continue with your Order at the increased Fee.
3.6 LBTC also provides Consulting and Courses which are tailored to the needs of the Client. Payment for such Services are determined on a case by case basis. Please email us for further details.
3.7 In the case of Bespoke Training and/or Consulting Services the Fees for the provision of such Services to the Client shall be displayed in the Proposal. Payment of the Fees for Bespoke Training and/or Consulting Services shall be subject to any special conditions set out in the Proposal.
3.8 Receipt of a completed Order instructs us to raise a formal invoice which must be settled no later than 15 working days before the Service Start Date or within the due date specified on our invoice, whichever is sooner. Orders made within 15 working days of the Service Start Date shall require immediate payment.
3.9 All Fees payable under this Agreement shall be payable in pounds sterling.
3.10 Payment can be made by bank transfer or cheque.
3.11 Any fees charged by your bank in connection with the transfer of the Service Fees are for your own account and LBTC shall not be responsible for these.
3.12 You shall be responsible for all costs you incur in connection with your attendance at any Course.
3.13 In the event of late payment of the Fee, we reserve the right to charge interest on all outstanding sums at the rate of 5% above the Bank of England’s base per annum accruing daily from 30 days after we have received a Order from you until the date that payment is made.
3.14 In the event that we need to recover any monies due from you to us (including any pre-issue costs), you will be liable for reimbursement.
3.15 You and your employer are joint and severally liable for all unpaid invoices; and
3.16 You authorise LBTC to release to your employer details of your attendance, general progress reports and any other information reasonably requested by your employer and which LBTC in its sole discretion considers appropriate for it to provide.
3.17 If we do not receive the fee in accordance with these Terms, we reserve the right to refuse our Services and your registration on to or attendance at the Course.
3.18 It is your responsibility to ensure that you and/or the Delegate(s) attend the Course booked. You shall be liable to pay the Fee even if you do not attend the Course.
3.19 Save for a claim set out in clause 16 below, you acknowledge and agree that you will not be entitled to make any claim or bring legal proceedings in respect of any refund, credit note, overpayment or other repayment, howsoever arising, six years after the date on which the relevant payment was made (‘the Limitation Period’). No claim can be made after the Limitation Period.
3.20 From time to time, we may inform you of special offers and/or discounts on our Website or via email. If you do not wish to receive such information please let us know in writing that you are opting out. All offers and discounts are made at our discretion and can be withdrawn by us at any time, for any reason and without prior notice.
3.21 Offers and discounts only apply in the stated period to the stated products and cannot be used in conjunction with any other offer.
3.22 Offers and discounts cannot be applied retrospectively to Services already invoiced. You cannot cancel or defer a Course or transfer to another Course in order to take advantage of a special offer or discount.
3.23 Any disputes regarding invoices must be advised in writing to LBTC within 10 working days of receipt of the invoice. In the event of a dispute, the invoice shall be payable 15 working days before the Service Start Date or within the due date specified on our invoice or on resolution of the dispute, whichever is the later.
4. Cancellations, Substitutions, Deferrals and Refunds
4.1 Where we have accepted/confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 2.3 above, then you are permitted within 14 working days starting on the day after the date we have concluded our agreement to cancel your purchase of the Services.
4.2 Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and/or variation of course dates will be at the entire discretion of LBTC.
4.3 You must inform us of your decision to cancel by emailing a clear statement to email@example.com within the Cancellation Period.
4.4 You do not have a right to change your mind in respect of Services once their delivery has commenced, even if the Cancellation Period is still running.
4.5 Where you have purchased multiple Services in an Order and you cancel or defer one or more of those Services, each Service which you cancel or defer will be treated separately and the relevant cancellation and deferral terms and administration costs set out in Clause 4.7 and Clause 4.9 will apply to each deferral or cancellation.
4.6 In addition to your rights under the Consumer Contracts Regulations, subject to clauses 4.1, 4.2 and 4.3 LBTC also offers the following refund and deferral policy (where there is no legal right to a refund under the Consumer Contracts Regulations or otherwise).
4.7 You may defer the Start Date of your Service at any time up to 20 Working Days prior to the relevant Service Start Date, subject to availability on your chosen deferred Service and upon payment by you of any difference in the Fees payable for the two Services plus VAT where applicable. You may only defer your Service Start Date once. You will receive a credit note from LBTC within 14 days of receipt by LBTC of written notice of your intention to defer, provided that you have complied with the relevant time periods set out in this section. You must retain this credit note and use the unique reference number printed on the credit note at the time of rebooking your deferred Service. Credit notes can only be used once and must be used within one year of the date of issue by LBTC, after which time the credit note will expire and will not be accepted. Credit notes are personal to you and you will not be permitted to transfer your credit note to any other Delegate or Client.
4.8 You must defer your Order pursuant to Clause 4.7 in writing by email or fax using the contact details set out at the end of these Terms.
4.9 You may cancel your Order of a Service up to 20 Working Days prior to the relevant Service Start Date. You will receive a full refund of your Fees less any refund costs plus VAT where applicable.
4.10 Except as provided under Clauses 4.1, 4,7 and 4.9, the cancellation and/or deferral fees set out below shall apply in the event a Service is cancelled or deferred at the Client’s request. LBTC may issue a supplementary fee invoice to the Client for such cancellation and/or deferral fees and the Client shall make full payment to LBTC within fifteen (15) Working Days of the date of that invoice:
Date of Cancellation/Deferral Cancellation Fee Payable Deferral Fee Payable
19-16 clear Working Days prior to the start of the course 50% 50%
15-11 clear Working Days prior to the start of the course 75% 75%
Fewer than ten (10) Working Days prior to the start of the course 100% 100%
4.11 All Orders where discounts have been applied shall be subject to a minimum cancellation fee of 100% and a minimum deferral of 75% regardless of when the cancellation or deferral was notified.
4.12 Should you wish to defer:
4.12.1 if the deferred or new Service is of lesser value, the difference will not be refunded; or
4.12.2 if the deferred or new Service is of greater value, you will need to pay the balance.
4.13 The Client may substitute a Course Delegate by written notification to LBTC.
4.14 If the Delegate fails to attend the Course, for whatever reason, cancellation fees of 100% will be applied.
4.15 LBTC reserves the right to cancel, curtail or defer Services, in which case it shall use reasonable endeavours to notify the Client. In the event of cancellation, LBTC shall refund the Fees which the Client has already paid in advance in relation to the cancelled Service.
4.16 We may terminate this agreement with immediate effect and without refunding the Fee to you if:
4.16.1 You are in breach of these Terms and such breach is incapable of remedy; or
4.16.2 you have failed to remedy such breach within seven days of notification; or
4.16.3 in our reasonable opinion, you are abusing the Services or the Course Materials, or acting in any way which interferes with our intellectual property rights or damages our reputation.
4.17 In the event of termination or cancellation, you shall upon demand return all Course Materials which have not been paid for immediately.
4.18 We will refund you the price you paid for the Service by the method you used for payment. However, we may make deductions from the Fees, as described below:
4.18.1 We may reduce your refund of the fees to reflect any reduction in the value of the Course Materials, if this has been caused by your handling them in a way which would not be permitted in a shop such as where the item has not just been checked but used. If you have marked or written on the study materials they will no longer have any value for us and so we will be unable to issue a refund. If we refund you the price paid before we are able to inspect the study materials and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
4.18.2 We may deduct from any refund an amount for the supply of the Service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract. If we delivered digital content to you immediately, and you agreed to this when you applied, you will not receive a refund for that part of the Service.
4.19 Refunds will be paid within 14 days of you informing LBTC of the cancellation. The period for refund will increase to 30 days if LBTC is unable to credit a UK bank account. If you have chosen to invoice your employer and at the time of cancellation the relevant invoice has already been paid by your employer, the Fees will be credited to your employer’s bank account within 14 days of cancellation (provided a UK bank account can be credited). For monetary returns a request in writing to firstname.lastname@example.org is required from your employer.
4.20 Your right to cancel and obtain any refund will be lost if you have given LBTC express consent to supply any services during the Cancellation Period and the service has been fully performed. If express consent has been given but the service is only part performed, you will be liable to pay for the services actually received.
4.21 LBTC reserves the right to use its discretion to determine whether to make refunds and/or deferrals in exceptional circumstances which fall outside Clause 4.10 and Clause 4.11 and to charge an additional fee in any such event to cover the administration costs incurred by LBTC. Any such additional fees will be communicated to you before you make your decision.
4.22 For further details of your rights under the Consumer Contracts Regulations you can visit your local Citizens’ Advice Bureau or visit the Competition and Markets Authority website.
5. Service Delivery
5.1 LBTC will provide the Services at the times and places as described on the Order or in the Proposal to such number of the Client’s employees as are specified on the Order or in the Proposal.
5.2 LBTC and the Client shall each appoint a representative (the “LBTC Account Manager” and the “Client Representative”) who shall be authorised to monitor the day to day progress of the Services.
5.3 The LBTC Representative and the Client Representative shall act in good faith and shall record all decisions in writing.
5.4 Either party shall be able to replace its representative at any time and shall notify the other party of such replacement no later than two Working Days before replacement is to take effect.
5.5 LBTC will deliver Course Material to the site nominated at the time of Order. Where the Client wishes to change the place of delivery LBTC may agree to do so provided that the Client provides sufficient notice of the change and pays any additional delivery charges incurred by LBTC.
5.6 LBTC shall provide such consultants to deliver the Services as it, in its sole discretion, deems fit and LBTC shall be entitled at any time to substitute any consultant with any other person who, in LBTC’s sole discretion, it deems suitably qualified to deliver the relevant Service.
6. Client Obligations
6.1 You must:
6.1.1 co-operate with LBTC and promptly provide LBTC with such information, assistance and materials as LBTC may reasonably require from time to time in order to enable or facilitate LBTC to comply with its obligations under this agreement;
6.1.2 obtain and maintain all necessary licences, permissions and consents which may be required before the date on which the Services are to start;
6.1.3 comply with all health and safety rules and regulations and any other reasonable security requirements that apply at the premises at which Services are provided;
6.1.4 only use the premises at which Services are provided for the purposes of the Services;
6.1.5 treat all LBTC staff and fellow Delegates, associates or others with respect;
6.1.6 practise and promote equality;
6.1.7 switch off mobile phones and any other communicating devices when you are in a Course;
6.1.8 follow the LBTC Wi-Fi Policy;
6.1.9 attend all Courses on time;
6.1.10 keep your consultant(s) informed of any difficulties you may have which affect your Course, so that we can support you;
6.1.11 dress in a way that does not offend others;
6.1.12 dispose of litter responsibly by using bins located in every LBTC classroom; and
6.1.13 not smoke on or immediately outside LBTC premises.
6.2 You must keep and maintain all our loan Materials, equipment, documents and other property in safe custody at your own risk, maintain the loan Materials in good condition until returned to us, and not dispose of or use the Materials other than in accordance with our written instructions or authorisation.
6.3 Your personal possessions are your sole responsibility and LBTC accepts no responsibility and/or liability for anything that is lost or stolen from its venues. You are advised during a Course to keep your valuables with you at all times.
6.4 If you require a Short-term study visa to enable you to attend a Course with LBTC you are responsible for obtaining the necessary visa and for ensuring that your compliance is satisfactory to meet your visa requirements.
6.5 Where LBTC agrees to provide a Service at a location provided by the Client, the Client shall:
6.5.1 be responsible at its own expense for arranging all necessary resources and facilities in accordance with LBTC’s stated minimum requirements for the Service;
6.5.2 provide access to its premises as required by LBTC from time to time to enable LBTC to comply with its obligations under this agreement. The Client shall take full responsibility for the safety and security of LBTC’s personnel whilst at the Client’s premises;
6.5.3 ensure that the Services it requests are suitable to meet the needs of the Client and/or Delegates;
6.5.4 to the extent that LBTC’s personnel are required to work at the Client’s premises, provide adequate office space and provision of normal office services at those premises;
6.5.5 to the extent that the performance of the Services requires the use of the Client’s equipment, ensure that LBTC’s personnel are given such access to the equipment as is necessary to facilitate the performance of the Services. Any equipment which belongs to the Client and which is used by LBTC or its personnel, whether at the Client’s premises or elsewhere, shall remain at the Client’s risk and LBTC shall not assume any responsibility or liability for the safety and security of such equipment. The Client shall take all reasonable precautions to safeguard the health and safety of LBTC’s personnel whilst working with equipment which belongs to the Client or is located at the Client’s premises. The Client shall ensure that such equipment at all times complies with all relevant statutory regulations and approved codes of practice, including without limitation those issued pursuant to the Health and Safety at Work Act 1974; and
6.5.6 indemnify LBTC forthwith on demand in respect of any losses, damages, costs, claims and expenses that LBTC suffers as a result of any loss or theft of or damage to any LBTC property while it is at such location of the Service delivery and or as a result of any death or personal injury sustained by any person at such location.
6.6 You acknowledge that LBTC operates a zero tolerance policy in relation to inappropriate behaviour of Delegates, including but not limited to:
6.6.3 aggressive and threatening offensive behaviour or language;
6.6.4 fraud and deceit;
6.6.5 cheating and plagiarism;
6.6.7 intentional or reckless damage to LBTC or Client property or equipment;
6.6.8 material incapacity through alcohol or illegal drugs on LBTC premises;
6.6.9 breach of the LBTC Wi-Fi Policy;
6.6.10 failure to meet student visa requirements; and
6.6.11 smoking on LBTC premises.
6.7 LBTC may at its reasonable discretion and without liability or an obligation to refund Fees, refuse to supply any Service to any Client and may refuse to admit to, and may remove from any LBTC premises, any Delegate whose participation in any Course would, in LBTC’s reasonable opinion, be undesirable or whose behaviour LBTC considers is or may be in breach of this agreement.
6.8.1 All Delegates are responsible for attending all timetabled classes associated with their chosen Course.
6.8.2 You must not switch Courses without agreeing it in writing with LBTC. If you switch group or course without advising us, then you will be marked as absent.
6.8.3 If you are unsure what time your classes are due to start please speak with a member of the LBTC Customer Services staff.
6.8.4 Ensure that you are in class at the scheduled start time and remain for the duration of the class. Latecomers will be asked to join the group at the next available break time and the register marked as late attendance.
6.8.5 Registration taken twice a day by the consultant – morning and end of the day. These are vital for health and safety purposes.
6.8.6 Attendance calculation: Arriving late = half a day’s absence; Leaving early = half a day’s absence.
6.8.7 You must achieve a minimum of 80% attendance to receive a Course certificate.
6.8.8 Wherever possible, you must notify and obtain prior permission from (e.g. in person, by phone or email) the customer service team in advance that you expect to be absent from any classes.
6.8.9 You must advise us within 2 hours of a class if you are ill and provide a doctor’s note(s).
6.8.10 If you miss a class then consultants cannot be expected to spend additional time going over work that has been missed. Additional time with the consultant will be at his/her discretion.
6.8.11 Unsatisfactory attendance includes failure to regularly attend classes without providing a satisfactory reason to customer service staff for absence and persistent late arrival at, or early departure from, classes without prior permission.
6.8.12 Delegates who are absent from classes or any other required contacts with LBTC Staff, without permission on two or more consecutive occasions will be issued with a warning letter and asked to contact the relevant customer service team. They may also be called in for a formal meeting with customer service staff/CEO.
6.9 Wi-Fi Policy:
6.9.1 Wi-Fi offered by LBTC is solely for use by its employees and prospective and enrolled Delegates physically present on LBTC premises. Your use of our “LBTC Wi-Fi” represents your agreement to these terms.
6.9.2 These terms can be modified at any time, and your continued use of the LBTC Wi-Fi indicates your acceptance of those modified terms.
6.9.3 You will use the LBTC Wi-Fi for personal, non-commercial use only.
6.9.4 You will not use the LBTC Wi-Fi in a manner that interferes with LBTC’s ability to offer the LBTC Wi-Fi to others.
6.9.5 Passwords provided to you to access the LBTC Wi-Fi are intended only for the relevant Delegates or staff members and must not be disclosed to or used by any third parties.
6.9.6 You will not use the LBTC Wi-Fi to transmit or store improper or unlawful material. “Improper material” means any text, graphic, audio-visual, visual or aural material that: (i) infringes the proprietary rights of another person, including copyright, trademark, patent and rights of privacy and publicity; (ii) contains viruses or other destructive programmes; (iii) is harassing, embarrassing, sexually explicit, profane, obscene, intimidating, libellous or defamatory; and/or (iv) provides false or misleading information, constitutes fraud, or is otherwise unlawful.
6.9.7 You acknowledge and agree that you are solely responsible for your conduct in using the LBTC Wi-Fi, and you indemnify and hold harmless LBTC and its affiliates, officers, agents or other partners and employees from any claim or demand, including legal fees, made by any third party due to or arising out of your use of the LBTC Wi-Fi, your connection to the LBTC Wi-Fi, your violation of these terms, or your violation of the rights of another.
6.9.8 You will immediately comply with any request from LBTC that you cease any conduct that LBTC, in its sole discretion, considers a violation of these terms.
6.9.9 Without prior notice, LBTC may terminate this agreement, your password or your use of the LBTC Wi-Fi, for any reason, including, without limitation, if LBTC, in its sole discretion, believes you have violated this agreement or any of the applicable policies. Clauses of this agreement relating to disclaimer of warranties and limitation of liability shall survive termination of this agreement and the LBTC Wi-Fi.
7. Termination and Suspension of Service
7.1 Without prejudice to any other right to which it may be entitled, LBTC may suspend performance of the Services with immediate effect by giving written notice of such suspension to the Client at any time if the Client commits a material breach of any of the terms of this agreement which is capable of remedy (including for the avoidance of doubt non payment of Fees when due) and is not remedied within 14 days of being notified in writing of the breach.
7.2 Any termination of this agreement shall be without prejudice to the rights or liabilities of either party accrued at the date of termination.
7.3 On termination:
7.3.1 each party shall return to the other party all property belonging to the other party then in its possession, including without limitation all Confidential Information;
7.3.2 all sums due to LBTC become payable by the Client without set-off or deduction; and
7.3.3 the Client shall promptly return to LBTC all Materials.
7.4 Clauses 1, 3, 9, 10, 12 ,13, 14, 16, 17, 20 and 23 shall survive termination of this agreement and shall continue to apply as shall any other provision which by its nature is intended to survive termination to the extent necessary to give effect to its terms.
8.1 You will need access to a laptop or tablet with internet connectivity and a PDF reader to participate in our 1-day and/or 2-day Courses.
8.2 Computer equipment is not included in our Service fees and is your responsibility.
8.3 LBTC will provide technical and content support to individuals who have received Course Material in respect of the Course purchased, in accordance with the provisions referred to below:
8.3.1 If you report a fault to LBTC, LBTC will use reasonable endeavours to provide a solution but LBTC does not guarantee that the technical support provided will resolve your technical problems. If you receive technical advice from LBTC then LBTC will not accept any responsibility for any problem if you do not ensure that such advice is strictly followed.
9.1 Due to the changing nature of business and management and our commitment to continuous improvement, LBTC reserves the right to amend, substitute, modify and/or improve the content, format or delivery of any Service and/or Course Materials (in whole or in part) from time to time. Such changes may be made without your prior consent.
9.2 From time to time certain Services and/or Materials may be superseded by new legislation, new syllabi or the issue of new regulations. If this arises then we may produce Services covering the new Material. For the avoidance of doubt, purchase of a current Service does not as part of the original purchase Fee entitle access to future revised Services and further amounts may be due.
10.1 LBTC may assign or sub-contract its obligations or rights under each these Terms and Conditions in whole or in part to a competent third party at its discretion. The Client may not assign an agreement in whole or in part except with LBTC’s express written consent. For the avoidance of doubt, this includes substitution of Delegates.
11. Complaints and Queries
11.1 At LBTC are committed to providing a high-quality Service, however we acknowledge that sometimes we may not always achieve the standards to which we aspire. If something goes wrong we would like to hear from you, our Delegates and customers, in order to ensure we maintain a high standard of customer service at all times. We will deal with your complaint fairly, efficiently and effectively and where you have been adversely affected by a service that does not meet our standards, we promise to put it right.
11.2 We require that a complaint is made promptly. This means that complaints should be raised as an informal or formal complaint within 10 working days of the date of the circumstances giving rise to the complaint. Unfortunately delays in submitting the details may result in LBTC being unable to effectively investigate the complaint.
11.3 Our complaints procedure is found at Clause 11.5. Once you have read the policy if you have any queries about our Services or wish to make a complaint, please write to us by email at email@example.com. Alternatively, please speak to one of our staff at our premises.
11.4 If you wish to exercise your legal rights to reject Course Materials you must return them in person to us.
11.5 LBTC’s Customer Complaints Policy:
11.5.1 This document will apply to Customers (Delegates, associates and employees) who are dissatisfied with the provision of LBTC’s Services and wish to make a formal complaint. The procedure may be used by existing and prospective customers.
11.5.2 LBTC constantly seeks to improve Services and aims, therefore, to deal thoroughly, objectively and fairly with any complaint about business services, and to offer an appropriate remedy to anyone who is adversely affected by a Service which fails to meet our standards.
11.5.3 Customers, either individually or collectively, are entitled to raise legitimate complaints and criticisms. LBTC will not penalise anyone for making a legitimate complaint about its Services. This entitlement is balanced by the requirement that the rights are not misused, and that the professional reputation of members of staff are protected. Disciplinary action may be taken if a complaint is shown to be malicious, frivolous, or vexatious.
11.5.4 This is a single complaints procedure to cover different types of Customer complaint or grievance, which can be used to complain about any Service LBTC provides. The list is not exhaustive, but is likely to fall under the following categories: (i) the behaviour of another Customer, i.e. Delegate or member of staff; (ii) complaints arising from your educational experience e.g. poor teaching or supervision; (iii) complaints in respect of academic and/or administrative support or other services.
11.5.5 It is expected that the Complaints Officer is responsible for arranging, recording and ensuring that decisions are conveyed to the Senior Management team. All documentation generated during the complaint procedure will remain confidential and that this will be respected by all parties.
11.5.6 LBTC cannot deal fully with anonymous complaints, as a personal response would no longer be an option. LBTC considers those about whom complaints are being made have the right to know the basis of the complaint and what is being claimed. A copy of relevant documentation will be forwarded to the person who is the subject of the complaint. LBTC will, however, always ensure that the complainant’s identity is not disclosed, or implied as the complaint is investigated, without informing the relevant party first.
11.5.7 If the complainant is concerned about revealing their identity, advice may be sought from anyone at the local centre or familiar to the Customer.
11.5.8 Customers are advised to raise the issue informally and ONLY ONCE with the Head of the appropriate Department or any other appropriate individual familiar to the Customer. It is anticipated that the vast majority of complaints will be resolved at this stage. This is the first and preferred method of resolution, without recourse to formal procedures. Informal complaints will be logged by LBTC at this stage which will override any further informal approach made by any other individual subsequent to this.
11.5.9 If, on receiving the response, the Customer considers that: (i) not all the evidence has been considered in reaching a judgment; (ii) the decision you have received is unfair or unlawful; or (iii) despite your complaint being upheld, you have still been disadvantaged;
an appeal can made in writing to the Complaints Officer for the case to be reconsidered on any of these grounds. Both parties to any complaint have the right to appeal, within seven working days of learning of the outcome of the hearing. Grounds for appeal must include additional evidence to that submitted originally, and should indicate in writing why the response to the complaint is not satisfactory. Taking into account all the previous attempts at resolution, the Senior Management team will make the final decision.
11.5.10 LBTC’s Senior Management team has overall responsibility for the complaints procedure. It monitors the complaints and comments received, and the effectiveness of this procedure.
11.5.11 Subject to complaints being dealt with on an individual basis, the Senior Management team will review any common causes or patterns of complaints which emerge.
11.5.12 Informal stage
If you are considering making a complaint, in the first instance you should raise the matter informally with either a member of our staff with whom you feel comfortable. Alternatively you can contact the relevant departmental head, or the CEO. We hope that the majority of complaints are resolved informally without the need to use the formal process.
11.5.13 Formal stage
If by following the informal route, you do not consider a satisfactory outcome has been reached, or if you feel the informal route is not appropriate for your specific complaint, we ask that you follow a formal procedure by providing the following details via our complaints form: Annex 1.
If you are unable to access this form, please contact the Complaints Officer firstname.lastname@example.org for an alternative version of the form that can be submitted as a hard copy.
You will need to provide: (i) the date on which the problem arose; (ii) the nature of the complaint; (iii) the consequences for you as result; (iv) whether anyone else was affected, or saw what happened; (v) the response you would like from us; and (vi) any supporting evidence.
Please note that certified copies of documents (e.g. medical certificates) may be requested.
Whenever possible please provide your name and contact details with your complaint. It may be difficult for us to satisfactorily deal with complaints where we are unable to give a personal response.
When you have completed the complaints form please email it to email@example.com.
11.5.14 Formal Process
We will acknowledge receipt of your complaint within five working days, together with a copy of this procedure. We will then investigate the complaint. This may involve passing your complaint to the relevant Departmental Head, who will review the complaint to identify the cause, and may conduct an investigation or seek feedback where required from any associated teams, or indeed require further clarification from yourself.
We will respond to you within 14 days of your complaint being acknowledged to let you know in writing with reasons, if your complaint has been upheld or not. If further information is required or we are likely to exceed the 14 days response period you will be informed of the status of your complaint and the period within which we will have completed any investigations.
At any stage during the process you can try and resolve the complaint informally.
11.5.15 Possible Outcomes: (i) complaint not upheld (if the complaint is felt not to be warranted); or (ii) complaint upheld in whole or in part (if the complaint, or part of it, is felt to be fair in any of its elements).
In the event of a complaint being upheld in whole or in part, recommendations will be made in respect of remedial action required. A response may be required from the individuals concerned, within a set time frame.
LBTC will respond by detailing how the complaint has been investigated, the evidence used, the conclusion reached, and, if appropriate, the steps to be taken to resolve the matter. LBTC may not be able to give you the precise redress you asked for, but you will have an opportunity of saying whether or not you are satisfied with the proposals.
11.5.16 Appeal Stage
If you are not satisfied that your complaint has been dealt with effectively you should advise us within 28 days of the date of the decision. We ask that you send the following details to firstname.lastname@example.org: (i) your original complaint; and (ii) the reasons why you are not satisfied with the outcome.
It will then be escalated to the appropriate member of our senior management team who will provide a written response within 28 days of receipt of the appeal. Please note this will be our final decision on the matter.
11.5.17 If you have any questions on our complaints procedure, please contact email@example.com
12. Intellectual Property
12.1 Use of LBTC’s name or logo is prohibited except with LBTC’s prior written consent except as provided by applicable law.
12.2 The Customer agrees that all material, data, software, text, design, graphics, images and other content contained in or delivered via the Service is protected by copyright, trademarks or other intellectual property rights.
12.3 In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the applicable Course Materials for the purposes of your individual learning purposes only. That permission will end when this Agreement ends.
12.4 You are not authorised to:
12.4.1 copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
12.4.2 record on video or audio tape, relay by videophone or other means the Service delivered;
12.4.3 use the Course Materials in the provision of any other Course or Training whether given by us or any third party;
12.4.4 remove any copyright or other notice of LBTC on the Course Materials;
12.5 Breach by you of clause 12 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services and Course Materials.
13.1 LBTC and the Client shall keep confidential any information relating to either party which is either marked ‘confidential’ or which ought to be reasonably assumed is confidential and which is disclosed to it by the other party and shall only use such information in relation to the provision of Services.
13.2 Confidential information disclosed by the Client to LBTC in relation to this agreement shall be clearly labelled and identified as confidential by the Client at the time of disclosure (“Client’s Confidential Information”). When concurrent written identification of Client’s Confidential Information is not feasible at the time of such disclosure, the Client shall provide such identification in writing promptly thereafter.
13.3 Oral communications pertaining to the Services shall be presumed to be confidential unless otherwise indicated by the disclosing party.
13.4 Each party may disclose the other party’s confidential information:
13.4.1 to those of its directors, employees, officers, agents, representatives, subcontractors and professional advisors to the extent strictly necessary for the purpose of that party performing its obligations and exercising its rights under this agreement provided that before any such disclosure that party makes such directors, employees, officers, agents, representatives, subcontractors and professional advisors aware of its obligations of confidentiality under this Agreement and ensures that they comply with the terms of this Agreement as if they were a party to it; and
13.4.2 to the extent that such disclosure is required to be made by any applicable law or regulation, or by any court or governmental or administrative authority competent to require the same but, where reasonably practicable, the party required to make the disclosure shall give the other party not less than three Working Days’ notice prior to such disclosure and shall assist that party in avoiding such disclosure.
13.5 The Client undertakes that it shall not at any time and for a period of five years after termination of the agreement, disclose to any person any confidential info concerning the business, affairs, customers, clients or suppliers of LBTC, except as permitted by clause 13.4.
13.6 LBTC shall be entitled to retain a copy of the Client’s Confidential Information for its internal records subject to on-going compliance with the restrictions set out in this agreement.
13.7 Confidential Information does not include information which:
13.7.1 is or becomes generally available to the public other than by breach of this Agreement;
13.7.2 can be shown by written or other records: (i) already to have been in the possession of a party without restriction in relation to disclosure prior to the date of receipt from the other party; or (ii) to have been developed by or for a party, its employees, officers, agents or consultants at any time independently of the information disclosed by the other party; or
13.7.3 is received from a third party who lawfully acquired or developed it and who is under no obligation restricting its use or disclosure.
13.8 Each of the parties undertakes at all times to maintain and procure the maintenance of the confidentiality of the Confidential Information of the other party and to keep all such Confidential Information secure and protected against theft, damage, loss or unauthorised access.
14.1 Each party warrants and represents that, as at date of each agreement, it has full capacity and authority to enter into that agreement.
14.2 LBTC warrants that:
14.2.1 the provision of the Services under this agreement and the Client’s use of the Services in accordance with the terms of this agreement shall not infringe the Intellectual Property Rights of any third party in the United Kingdom; and
14.2.2 it will use all reasonable care and skill in performing the Services.
14.3 The Client warrants that all information provided by it to LBTC will be accurate in all material respects, and that the Client is entitled to provide the information to LBTC for its use under the terms of this agreement.
14.4 LBTC will provide the Course Materials in accordance with the Course outline which is set out on the Website and/or in the Course Brochure and/or on Course Search Websites.
15.1 If requested, LBTC may help the Client choose Services but LBTC does not provide any warranties that such Services will be fit for the Client’s purpose and assessment and selection of Services remains the Client’s ultimate responsibility.
15.2 Our Services may be listed on third party websites and we are not responsible for their data policies or procedures or their content.
15.3 We expect you to confirm that the Services and/or Course Material you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services and/or Course Material.
15.4 The Services and Course Materials provided by us do not constitute and cannot be relied upon for legal advice. You should consult a solicitor for legal advice. Neither we nor our employees, consultants or associates accept responsibility for your actions or losses, or those of third parties with access to the Services and/or Course Materials, as a result of reliance on the Services and/or Course Material as legal advice.
15.5 No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.
15.6 We cannot guarantee that the Course Material is free from computer viruses or any other malicious or impairing computer programme. You should therefore ensure that you employ all reasonable precautions when accessing the Course Material. Occasionally, technical inaccuracies and typographical errors may appear in the Course Material.
15.7 LBTC does not make any commitment that the Course Materials will be compatible with or operate with your software or hardware.
15.8 The LBTC Wi-Fi is provided on an “as is” and “as available” basis. LBTC does not warrant that the LBTC Wi-Fi will be uninterrupted, error-free or free of viruses or other harmful components. LBTC is not responsible for any changes you make to your computer’s setting as a result of attempting to connect to the services.
15.9 You expressly acknowledge that there are security, privacy and confidentiality risks inherent in wireless communications and technology and LBTC does not make any assurances or warranties relating to such risks and is not responsible for any loss of privacy or data you may experience while using the service.
15.10 Neither LBTC nor any of its officers, directors, shareholders, employees or other authorised representatives shall be liable for any damages arising out of or in connection with the use or performance of the LBTC Wi-Fi, including (without limitation), compensatory, direct, indirect, or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. If you are dissatisfied with the LBTC Wi-Fi or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the LBTC Wi-Fi.
15.11 All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, and statute or otherwise) are hereby excluded to the maximum extent permissible by law.
16. Limitation of Liability
16.1 Neither LBTC nor the Client exclude or limit liability to the other for:
16.1.1 any death or personal injury caused by its negligence;
16.1.2 any fraud or fraudulent misrepresentation; or
16.1.3 any statutory or other liability which cannot be excluded under applicable law.
16.2 Although LBTC aims to provide the Services to the highest standards of the industry, neither it, nor its employees, consultants and associates accept any liability for: (i) any inaccuracy or misleading information provided in the Services or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
16.3 LBTC’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Service and/or Course Materials in relation to which a dispute has arisen.
16.4 We accept no liability for any loss (whether direct or indirect, for loss of business, revenue or profits, wasted expenditure, corruption or destruction of data or for other indirect or consequential loss whatsoever) arising from your use of the Website and we hereby exclude any such liability, whether in contract, tort (including negligence) or otherwise. We hereby exclude all representations, warranties and conditions relating to the Website and your use of it to the maximum extent per by law.
16.5 You agree to indemnify us and keep us indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from use or misuse by you of the Website.
16.6 You must notify us immediately if anyone makes or threatens to make any claim against you relating to your use of the Website.
16.7 No claim may be brought more than thirty days after the last date on which the Services concerned have finished or ceased to be provided by us.
16.8 The parties agree that each of Clauses 16.1, 16.2, and 16.3 are separate and independent terms.
17. Data Protection
17.1 The Client’s attention is hereby drawn to the Data Protection Act 1998. The Client undertakes to abide by the Data Protection Act 1998 in relation to the provision of the Services and in particular to comply with the obligations set out in the seventh principle of Schedule 1 of the Data Protection Act 1998 in relation to the provision of the Services.
17.2 We will process any data which you provide in completing the online registration or application forms and any further forms, assessments or personal details which you complete or provide to us when using the Website or by email in accordance with the Data Protection Act 1998.
17.3 You acknowledge that for the purposes of the Data Protection Act 1998, you are the Data Controller and we are the data processor in respect of any Personal Data.
17.4 Calls to any helpline or customer service facility provided by LBTC may be recorded for training and quality assurance purposes.
17.5.1 perform its obligations and enforce its rights under these Terms;
17.5.2 contact you by email, telephone or post to inform you about other products or services which may be of interest to you;
17.5.3 inform you of feedback;
17.5.4 communicate with your sponsor regarding your progress, results and attendance;
17.6 LBTC may share your information:
17.6.1 with its employees, consultants and other companies or organisations we have hired to perform services on our behalf including, without limitation, training services, carrying out market research, facilitating some aspects of our site and services, managing our database, contacting you, sending e-mail and fulfilling your requests. These other companies may be supplied with or have access to your personal data solely for the purpose of providing these services to us or on our behalf. We are the data controller and will remain accountable for the personal information.
17.6.2 with a third party in connection with a change in or corporate structure such as, but not limited to, merger, consolidation, sale, liquidation, or transfer of substantial assets.
17.6.3 as permitted or required by law, and to: (i) respond to inquiries or requests from governmental or public authorities; (ii) protect our rights, privacy, safety or property; (iii) permit us to pursue available remedies or limit damages that we may sustain; and (iv) enforce our agreements, including without limitation our enrolment terms and conditions.
17.7 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and provide you with communications. We may share non-personal, aggregated information with third parties. You agree to LBTC using your information in this manner.
17.8 To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.
17.9 We use information such as your User ID and session identifiers to enable us to identify whether you are using our Services, assist with the provision of Services and to ensure that you have access to relevant support. We will only read cookies from your cookie file placed there through your web browser’s interaction with the Website.
17.10 LBTC endeavour to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.
17.11 In the event that you do not wish to receive marketing correspondence from LBTC, a written request by email should be sent to the contact details set out at the end of these Terms.
17.12 If you wish to change or update the data we hold about you, please e-mail firstname.lastname@example.org.
17.13 LBTC treats your privacy with great care. We recognise that you provide personal data when you purchase a Service and at other points of time in our relationship with you. You should familiarise yourself with our Privacy Statement. Please read this carefully. The Privacy Statement informs you what information we collect, when we collect it, what we use it for, and who we can give it to. If you would like further details about the information we collect and how it is used or a paper copy of our Privacy Statement, please contact us by emailing email@example.com. By entering into this agreement you agree that you have read and accept the terms of the LBTC Privacy Statement.
18. Changes to Terms and Conditions
18.1 LBTC may update or amend these Terms and Conditions from time to time to comply with law or to meet its changing business requirements without notice to you. Any updates or amendments will be posted on the Website.
19. Force Majeure
19.1 If the performance of any of the parties’ obligations under this agreement is prevented, restricted or interfered with by reason of war, threat of or preparation for war, invasion, terrorism, revolution, civil commotion, act of public enemy, blockade, embargo, act of God, riot, sabotage, natural disaster, epidemic, power failure or failure of the Internet, strikes, delay caused by transport disputes, failure to provide a Service caused by a death in the consultant’s family, illness of the consultant, Government edict or regulation then the party whose performance is prevented, restricted or interfered with shall, upon giving written notice to the other party, be excused from such performance to the extent of such prevention, restriction, or interference, and shall have no liability as a result thereof. In the event that the performance of a party is prevented, restricted or interfered with for a continuous period of more than one month either party may terminate this agreement on 30 days’ written notice to the other party.
20. Law and Jurisdiction
20.1 These Terms and Conditions, and any other matters arising out of or in relation to these Terms and Conditions, are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the English courts to settle any disputes which may arise out of or in connection with these Terms and Conditions. This is the case even if you live outside of the European Economic Area.
20.2 The use of the Website and any agreements entered into through the Website are to be governed by and construed in accordance with English law. The courts of England are to have exclusive jurisdiction to settle any dispute arising out of or in connection with the use of the Website or any agreement made through the Website.
20.3 Some of the goods or services offered through the Website may not be lawful or may otherwise not be permitted in certain countries outside the United Kingdom. If you attempt to order, receive, purchase or otherwise benefit from any such goods or services, we do not accept any liability for any losses suffered by you in using the Website which you would not have suffered had you been accessing the Website as a United Kingdom resident (including as a result of us being prevented from dealing with any application or enquiry by any law, regulation or other ruling applicable in any country).
21.1 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services and/or Course Material, we can still require you to make the payment at a later date.
21.2 No relaxation or delay by LBTC in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed by LBTC in writing.
22.1 If any provision of this agreement or the application thereof to any party or circumstances is prohibited by law or judged by a court or administrative body of competent jurisdiction to be unlawful, void or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remainder of this agreement which shall continue in full force and effect to the extent permitted by applicable law. In such event, the parties shall negotiate in good faith to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.
23.2 The agreement between you and LBTC which is compromised in these Terms and Conditions is not intended to be for the benefit of any third party, and shall not be exercised by any other person under the Contract (Rights of Third Parties) Act 1999 or otherwise. For the avoidance of doubt, where a person or organisation has purchased the Course on behalf of a Delegate, such person/organisation shall be a party to this contract and shall be responsible for ensuring compliance by the Delegate(s) with these Terms.
23.3 The parties are independent contractors. Nothing in this Agreement shall give rise to a partnership, joint venture, agency or any such other relationship between the parties. Neither party shall claim to be a legal representative, partner, agent, franchisee or employee of the other party.
23.4 During the term of this agreement, and for a period of one year following its termination or expiry, the Client shall not directly or indirectly employ or solicit for employment any members of LBTC’s then current personnel. If the Client breaches this clause 23.4, in addition to any other remedies available whether under an Agreement or at law, LBTC shall be entitled to recover from the Client liquidated damages of 35% of gross annual salary of the member of LBTC’s personnel employed or solicited for employment (as at the date their employment with LBTC ended). The parties agree that such amount is a genuine pre-estimate of LBTC’s loss and not a penalty.
23.5 The agreement between you and LBTC will be concluded in English only.
24.1 Any notices required to be served on you by LBTC under these Terms and Conditions shall be in writing and at LBTC’s discretion.
24.2 All notices and other communications in connection with this Agreement will be deemed properly served if sent to the respective parties at the addresses set out on the Order or in the Proposal by hand, or by registered airmail, postage prepaid, or by express courier service, service fee prepaid.
24.3 Notice will be deemed received and properly served twenty-four (24) hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
24.4 A notice delivered personally is deemed to be given on the day on which it was left at the specified address.
24.5 All notices sent by you to LBTC must be sent to our Correspondence address (set out under the definitions in clause 1).
25. Contact Details
Telephone: +44 203 457 0959
Address: London Business Training and Consulting, Seven Pancras Square, 7 King’s Boulevard, Kings Cross, London N1C 4AG