The Course Provider This is a legal agreement between you and TrainingAid GbR, Hofmannstr. 15, 91052 Erlangen, Germany for your purchase of on-demand or facilitated courses. These Terms and Conditions in addition to the Website Terms of Use apply to the sale of any courses and trainings (on-demand and facilitated). Please read these Terms and Purchase carefully before purchasing a course. By ordering a course, you are confirming your agreement to be bound by these Purchase Terms. 1. Definitions In these Terms the definitions are: TrainingAid GbR referred to as “us”, “we”, or “Company”. “Website” refers to the website www.trainingaid.org, owned by TrainingAid GbR. “Course”, “Courses” refer to courses offered via our website. “you”, “purchaser’, “client” or “customer”, ‘learner’, ‘learners’ refer to the person or organisational representative purchasing any courses on our website. “Terms”, “Terms and Conditions” refer to all of the clauses and subclauses in this entire document. 2. Ordering Procedure 2.1 Ordering via the Website 2.1.1 In order to purchase a Course via the Website you must register for an online account via the Website. This is automatically required as an additional step during checkout. If you already have an online account, you can log onto your account using the user name and password that you were provided with when you registered. 2.1.2 When purchasing a Course via the Website, you can change your order at any time up to the point at which you click the “Pay now” button by editing the "Order Summary" to amend the details submitted and/or by using the “Remove” option to remove an item from your order. 2.2 When you place an order for a Course you are offering to purchase that Course on these Terms. TrainingAid reserves the right to decline or cancel your order, or any part of your order. 2.3 Following receipt by TrainingAid of your order for a Course via the Website you will receive an automated email confirming that your order has been received by TrainingAid. Your order will be subject to acceptance by TrainingAid of your offer to purchase in accordance with Clause 2.4 below. 2.4 A legally binding agreement shall not come into existence until TrainingAid has accepted your offer to purchase a Course by: (i) sending you a separate order acceptance confirmation email, which will be effective upon sending an email to the email address that you have provided, and (ii) receiving payment for the Course in cleared funds from yourself 2.5 TrainingAid reserves the right to withdraw at any time Courses advertised on the Website. 3. Payment Terms 3.1 The Fee for any Course at any given time will be displayed on the Website. Fees are quoted in Euros, inclusive of VAT. 3.2 If you purchase a Course on the Website: 3.2.1 the Fee including VAT will be shown prior to completion of the online transaction; and 3.2.2 You will be liable to pay the Fee via a credit card or Paypal payment. TrainingAid is using a secure third party payment gateway for processing credit card payments (Stripe). Your order will be confirmed only upon receipt of the Fee in cleared funds by TrainingAid and will be subject to acceptance of your offer to purchase by TrainingAid in accordance with Clause 2.4. We do not make any charges for payments by credit or debit card. 3.3 In the unlikely event that due to a technical error, the amount of the Fee displayed on the Website is incorrect, TrainingAid 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, TrainingAid will contact you to notify you of the correct Fee, so you can decide whether or not you wish to continue with your order of the Course at the increased Fee. 3.4 Pursuant to Clause 3.3 if you decide you want to cancel your order TrainingAid will give you a full refund in respect of any amount you have already paid in accordance with Clause 3. If the correct Fee is lower, TrainingAid will refund you the difference only between the amount which you have paid and the correct Fee payable. 3.5 The provision of the Course is contingent upon TrainingAid having received cleared funds from you in respect of the Fee for the relevant Course. Without prejudice to TrainingAid’ rights and remedies under these Terms, if any sum payable is not paid in cleared funds on or before the due date (being the date the Course is booked), TrainingAid reserves the right, forthwith and at TrainingAid’ sole discretion, to suspend the provision to you and refuse you entry to the relevant Course. 4. Cancellation Rights 4.1 Under the Consumer Protection (Distance Selling) Regulations 2000, you have the right to cancel a course that has been confirmed by us, but not started, up to 7 days from the date and time of receiving our confirmation. If you have purchased a course and have accessed your account and started to use that course, then you shall have no right to cancel your purchase. 4.2 You must inform TrainingAid of your decision to cancel by using one of the following methods within the Cancellation Period: 4.2.1 Emailing [email protected]. 4.3 On cancellation you will be entitled to a full refund of the Fees. 4.4 Refunds will be made using the same method of payment as you used for the purchase and will be paid within 14 days of you informing TrainingAid of the cancellation. 4.5 As the contract is for digital content including a Course your right to cancel and obtain any refund will be lost if you have given TrainingAid express consent to supply the digital content to you during the Cancellation Period or if you access the digital content before the expiry of the Cancellation Period. 4.6 Your order of a Course is personal to you and you will not be permitted to transfer your enrollment on a Course to any other student. 4.7 TrainingAid reserves the right to use its discretion to determine whether to make refunds and/or deferrals in exceptional circumstances which fall outside Clause 4 and Clause 5 and to charge an additional fee in any such event to cover the administration costs incurred by TrainingAid. Any such additional fees will be communicated to you before you make your decision. 5. Additional Cancellation Rights 5.1 Cancellation Policy for Courses 5.1.1 In addition to your rights under the Consumer Contracts Regulations, subject to clauses 4.1 TrainingAid also offers the following refund policy (where there is no legal right to a refund under the Consumer Contracts Regulations or otherwise): 5.2 Except as set out in Clauses 4 and 5, no cancellations and/or deferrals will be permitted for a Course. 5.3 You must cancel your place on a Course pursuant to Clause 5 by using one of the following methods: 5.3.1 Emailing [email protected]. 6. Course Content and Access Terms 6.1 Please see the description of the Course on the Website for details of the contents of the available Courses. 6.2 In relation to Courses the following points apply: 6.2.1 Upon receipt of a confirmation email from TrainingAid you will be notified when you have access to the Course purchased, unless any such Course is removed. 6.2.2 The receipt of a Course is personal to you and you may not transfer your rights to access the Course or provide a Course to any other person. 6.2.3 On-Demand Courses are available to complete for 180 days after the date our order confirmation has been emailed to you. The course access will expire when the 180-day period has elapsed. 6.2.4 Facilitated Courses are available to complete within the published course dates, the course completion and access period. 7. Modifications to content of existing courses or technology enhancements 7.1 From time to time, TrainingAid may make modifications, enhancements or issue clarifications to the content of Courses. You will have access to such changes free of charge only to the extent that such changes relate to the Course purchased by you. 8. Annual (or other term) Updates 8.1 TrainingAid will, from time to time, produce and issue new Courses covering new content and material. Where this material supersedes existing Courses, these may be available for purchase as new Courses. 8.2 For the avoidance of doubt, purchase of a current Course does not entitle you to have access to future revised Courses as part of the original purchase. 9. Technical Support and Access 9.1 TrainingAid will provide technical and content support to individuals who have purchased a Course in respect of the Course purchased, in accordance with the provisions referred to below. 9.2 If you report a fault to TrainingAid, TrainingAid will use reasonable endeavours to provide a solution but TrainingAid does not guarantee that the technical support provided will resolve your technical problems. If you receive technical advice from TrainingAid then TrainingAid will not accept any responsibility for any problem if you do not ensure that such advice is strictly followed. 9.3 TrainingAid will use reasonable endeavours to make the Course available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected. TrainingAid reserves the right to suspend access to the Website for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the Website. 9.4 You also accept and acknowledge that TrainingAid cannot be held responsible for any delay or disruptions to your access to the Course as a result of such suspension or any of the following: 9.5.1 the operation of the internet and the World Wide Web, including but not limited to viruses; 9.5.2 any firewall restrictions that have been placed on your network or the computer you are using to access the Course; 9.5.3 failures of telecommunications links and equipment; or 9.5.4 updated browser issues. 10. Warranties 10.1 TrainingAid does not make any commitment that the Course will be compatible with or operate with your software or hardware. 10.2 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. 11. Limitation of liability 11.1 The exclusions and limitations of liability contained in these Terms do not apply to a party’s liability: (i) for fraud or wilful default; (ii) for death or personal injury caused by its negligence; or (iii) where such limitation or exclusion cannot lawfully be excluded. 11.2 Except as set out in these Terms, TrainingAid shall not be responsible for losses that result from its failure to comply with these Terms including, but not limited to, losses that fall into the following categories: 11.2.1 indirect or consequential losses; 11.2.2 loss of income or revenue; 11.2.3 loss of business; 11.2.4 loss of anticipated savings; or 11.2.5 loss or corruption of data. 11.3 TrainingAid is not responsible to you for any data that you lose either (a) as a result of accessing the Course, or (b) during completion of any Course. It is your responsibility to ensure that you regularly save and back up (i) all data which you hold on the computer from which you are accessing the Course, and (ii) all data that you are inputting when completing the Course. 11.4 Save as otherwise set out in this section “Limitation of liability”, TrainingAid’ maximum aggregate liability to you for any claims that you may have against TrainingAid for direct loss in contract, tort or otherwise arising out of or in connection with these Terms, the Course and any technical support shall be limited to the amount of the Fee which has been paid, or is payable, by you or on your behalf. 11.5 TrainingAid will not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any cause which is beyond TrainingAid’ reasonable control. This condition does not affect your statutory rights. 11.6 Each provision in this Clause 15 shall be construed separately as between you and TrainingAid. If any part is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted such provision shall apply but with such modification as may be necessary to make it valid and effective. 12. Intellectual property 12.1 At all times, TrainingAid remains the owner of the intellectual property in the Courses content. 12.2 In consideration of receipt by TrainingAid of the Fee, TrainingAid grants to you a non-exclusive, non-transferable licence to use the content for the sole purpose of studying and completing the Course. 12.3 Save as expressly set out in these Terms, you may not modify, copy, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way any of the Course content. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the Course content or create derivative works based on the whole of or any part, or which incorporate, the Course content into any software program. 13. Data protection 13.1 TrainingAid will process the information it receives from you or otherwise holds about you in accordance with these Terms and the privacy policy. You consent to the use by TrainingAid of such information in accordance with these Terms and TrainingAid’ Privacy Policy. TrainingAid will use such information including but not limited to: 13.1.1 perform its obligations and enforce its rights under these Terms; 13.1.2 contact you by email, telephone or post to inform you about other products or services which may be of interest to you; 13.1.3 inform you of feedback and examination results (if applicable); 13 1.4 TrainingAid never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses. TrainingAid does not rent, sell, or share personal information about you with other people or companies. 14. General 14.1 TrainingAid 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. 14.2 These Terms and Conditions and the Website Terms of Use constitute the entire agreement and understanding between us and supersedes and replaces any other terms and conditions previously published by us and any other understanding, undertaking, representation, warranty, arrangement or statement of any nature whatsoever made by us to you, whether oral, written or otherwise, relating to the subject matter of these Terms and Conditions. 14.3 You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions to any third party unless we agree in writing. 14.4 TrainingAid may assign, transfer or sub-contract any of its rights or obligations under these Terms and Conditions to any third party at its discretion. 14.5 No relaxation or delay by TrainingAid 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 TrainingAid in writing. 14.6 Any notices required to be served on you by TrainingAid under these Terms and Conditions will be deemed properly served if sent via email address, notified by you to you, at TrainingAid’ discretion. 14.7 A notice delivered personally is deemed to be given on the day on which it was left at the specified address. A notice sent by post is deemed to be given on the day it was posted as evidenced by the sender. A notice sent by fax or email is deemed to be given on the day it was sent. 15. Final Provisions 15.1 The agreement between you and TrainingAid will be concluded in English only. 15.2 If any provision of these Terms of Use is or becomes invalid, the validity of the remaining provisions shall not be affected. The parties undertake to replace any invalid provision with a valid provision which is in its economically desired sense and purpose as close to the invalid provision as possible. This also applies to contractual loopholes. 15.3 The contractual relationship with Users, these Terms of Use and their interpretation shall be governed solely by the laws of the Federal Republic of Germany. The application of German International Private Law and the United Nations Convention on Contracts for the International Sale of Goods (“CISG”) is excluded. If the User is a consumer, then the mandatory consumer protection rules of the state in which the user has their permanent residence are additionally applicable provided they offer the user a more extensive protection. 15.4 If the User is a merchant, a legal entity under public law or a special fund under public law or if the User has no permanent residence within Germany, then the venue for litigation arising out of or in connection with this contract is Erlangen, Germany. If the User is a merchant, a legal entity under public law or a special fund under public law or the User has no permanent residence within Germany, then the venue for all rights and obligations resulting from the contractual agreements with the user is Erlangen, Germany. Last Edited: January 05, 2022