Terms and conditions
General Terms and Conditions of Coursedot
1. Definitions and Interpretation
In these Conditions the following expressions shall have the following meanings:
“Booking Form”
means the Confirmation of Booking Form, which contains details of the Course.
“Course Dot”
means Course Dot OOD, whose principal office is at: 2 Struma Str, floor 2, ap.14, 1505 Sofia, Bulgaria, Company Registration Number: 203482835, VAT identification Number: BG203482835.
“Client” (or “you”)
means the person, delegate, firm or corporation identified on the Booking Form as instructing Course Dot to procure the Course.
“Confidential Information”
means all information relating to the Course or which is generated as a result of or in connection to the Course including but not limited to the Course Materials.
“Confirmation Date”
means the date Course Dot sends either a confirmation of the Booking Form submitted by the Client or of the written or email instructions from the Client to procure the Course.
“Course”
means the course, which Course Dot procures, for the Client as described on the Booking Form.
“Course Fee”
means the price of the Course set out on the Booking Form, which excludes VAT. VAT, if relevant, shall be charged additionally as required by applicable law.
“Course Materials”
means any documents, customized training materials, data set or computer program supplied for the purpose of the Course.
“Course Provider”
means the person, firm or corporation with whom Course Dot contracts as agent in the procurement of the Course.
“Course Related Expenses”
means items such as trainer expenses, course setup, hire of facilities, provision of any equipment etc. that will be listed separately on the confirmed Booking Form or in any quote provided to the Client and approved by the Client.
“Intellectual
means all inventions, patent applications, granted patents, registered and unregistered designs, copyright works, trademarks and “Confidential Information”.
“Website”
means www.coursedot.com
“Working Day”
means any day other than Saturday or Sunday or a Bank or Public Holiday.
2. Service
2.1. All products and services sold through our Website are not an offer by Course Dot to these to you, but an invitation to you to make an offer. We are free to accept your offer, or to reject it, or to make you a counter-offer. If your Booking Form is accepted, we will send you an email confirming acceptance of your order together with an invoice and payment instructions.
2.2. For the public schedule courses listed on the marketplace Course Dot reserves the right to make changes in dates, prices, etc. terms after the Booking Form has been sent for confirmation. In this event, Course Dot will send an email to the Client with details of the change and the new terms and conditions of the Course.
2.3. The Client shall pay the Course Fee and any Course Related Expenses within fourteen (14) Working Days of receipt of Course Dot’s payment instructions unless Course Dot has agreed an extension in writing with the Client. Invoices issued less than 15 working days of Course commencement must be paid in full at least 5 working days prior to Course commencement. If full payment is not received, attendance at the Course will not be permitted. If the exact amount of Course Related Expenses is not known prior to the Course commencement, the Client agrees to pay in full the amount of Course Related Expenses within fourteen (14) Working Days of receipt of the respective information from Course Dot. Interest will be charged on the outstanding balance at a monthly rate of 10% from the date payment is due until receipt by Course Dot of payment in full.
2.4. Course Dot agrees that upon confirmation of the Client’s Booking Form and paying the Course Fee and any Course Related Expenses to Course Dot in accordance with Section 2.3 above, Course Dot shall procure the Course as agent for the Course Provider.
2.5. In consideration for Course Dot procuring the Course for the Client, the Client agrees that Course Dot may retain any discount that Course Dot is able to negotiate from the fee that the Course Provider would ordinarily charge for supplying the Course or alternatively such administrative charge as Course Dot and the Client have agreed in writing.
2.6. We will do our best to correct errors and omissions as quickly as practicable after being notified of them. However because of the sophisticated technology that is required in operating our Website there may be times when obvious errors occur. For example, very occasionally, this may result in a price, Course or service or other detail displayed or presented on our Website being incorrect. In this case we reserve the right to correct the error without notice and (if applicable) cancel that Course, but this of course will be without any liability to you. Course Dot shall return to the Client all sums paid by the Client for a Course that has been canceled due to erroneous information displayed on our Website.
3. Agency
3.1. Course Dot operates to an agency model. We act as an agent for the third party Course Providers. This generally means that there may be additional terms and conditions governing your contract for the provision of your Course. Please make sure you read these additional terms and conditions before completing your transaction with us. It is essential that you accept and agree to be bound by the Course Provider’s terms and conditions, a copy of which will be made available to you by Course Dot on request.
3.2. Because we act as an agent, this means that we have no liability to you in respect of the Courses, except where we have been negligent or in relation to misrepresentation. The Client acknowledges that any claim or other right of action which it may have in relation to the Courses shall be made against the Course Provider alone. If you are contracting as a consumer, your consumer rights are unaffected.
4. Obligations of Course Dot
4.1. Course Dot shall use all reasonable skill and care to procure the Course, however all conditions and warranties express or implied, statutory or otherwise are expressly excluded to the fullest extent permitted by law. In particular and without limitation, Course Dot does not give any warranties as to the quality or content of the Course. For the avoidance of doubt, Course Dot’s obligations shall be limited to procuring the Course for the Client.
4.2. The Client must notify the Course Provider of any concerns over the quality of the Course in writing no later than 10 days after the Course ended.
5. Warranties and Indemnities
5.1. All Intellectual Property associated with the Course and the Course Materials remains sole property of the Course Provider.
5.2. The Client shall indemnify Course Dot and keep Course Dot fully and effectively indemnified against all claims or actions brought against Course Dot by the Course Provider for infringement of any copyright in the Course Materials or any intellectual property right belonging to the Course Provider or breach of any obligations owed by the Client to the Course Provider pursuant to the Course Provider’s terms and conditions for supply of the Course.
5.3. The Client warrants that it is the data controller of all personal data, as defined by the Personal Data Protection Act, disclosed to Course Dot and /or the Course Provider to assist in the delivery of the Course. Client warrants that it may lawfully disclose that personal data to Course Dot and/or Course Provider for the use of the same in the delivery of the Course and/or the supply of further training to those data subjects.
6. Cancellation
6.1. Course Dot reserves the right to cancel or procure an alternative date for the Course if that Course has been canceled or rescheduled by the Course Provider. In such circumstances, Course Dot will reasonably endeavor to provide notice of cancellation or change to the Client, except in an emergency.
6.2. The Client will be entitled to a full refund of the Course Fee to the extent that the Client has paid the Course Fee if Course Dot cancels the Course but Course Dot shall not be liable for any other loss or expenses to the Client arising out of the cancellation.
6.3. The Client may cancel the Course by notifying Course Dot in writing by recorded delivery as soon as reasonably practicable but the Client acknowledges that it shall be liable to pay any cancellation fees or Course Fee in line with the applicable cancellation terms and conditions of the relative delivery partner.
6.4. Without prejudice to the provisions contained in this Section 6 above, Course Dot reserves the right to cancel the Course without any liability if the Client fails to pay the Course Fee in accordance with Section 2.3. of these Conditions.
7. Liability
7.1. Submitting a Booking Form through our Website constitutes acceptance of these Terms and Conditions. The information contained on our Website is provided in good faith on an “as is” basis. The information is believed to be accurate and current at the date the information was placed on this Website. We do not make any representation or warranty as to the reliability, accuracy or completeness of the information contained on this Website (including in relation to any products or services) except for representations and warranties that are implied into these Conditions by law. No advice or information, whether oral or written, obtained by you from or through this Website creates any warranty not expressly made in these Terms and Conditions.
7.2. Course Dot’s total liability to the Client shall not exceed the consideration to be retained by Course Dot for the performance of its services in relation to the Client pursuant to Section 2.4. above.
7.3. Course Dot shall not be liable for the following loss or damage howsoever caused even if foreseeable by Course Dot: loss of profits, business, revenue, goodwill, anticipated savings, loss of data, whether sustained by the Client or another person, and/or indirect or consequential loss (other than direct physical damage to the tangible property of the Client) whether suffered by the Client or another person and the Client indemnifies and shall hold Course Dot harmless against all claims by the Course Provider.
8. General Provisions
8.1. These Terms and Conditions shall come into force on the Confirmation Date and shall continue until the Course has been provided to the Client. The provisions of clauses 5.2 and 8.5 and Section 7 shall survive termination or expiry of these Terms and Conditions.
8.2. The Client shall not assign or transfer this contract or any interest in it without Course Dot’s prior written consent.
8.3. The invalidity or unenforceability of any provisions of these Terms and Conditions shall not affect the validity or enforceability of its other provisions.
8.4. Course Dot shall not be liable for failure to supply any Course under these Conditions due to a cause beyond its or its Course Providers’ reasonable control.
8.5. Following completion of the Course the Client shall not approach the Course Provider directly or indirectly (other than via Course Dot) for a period of 270 days after the completion of the Course to seek to employ or provide a further assignment of any sort to the Course Provider.
8.6. These Terms and Conditions shall be construed and enforced in accordance with the laws of Bulgaria and Course Dot and the Client agree to submit to the exclusive jurisdiction of the Bulgarian courts.
8.7. No variation to these Terms and Conditions shall be effective unless made in writing and signed by an authorized representative of Course Dot.