gtslearning Terms & Conditions

Last revision: March 9, 2009

1. Definitions

In these terms and conditions:

‘Company’ means gtslearning International Ltd, a wholly-owned subsidiary of gtslearning Ltd;
‘Product(s)’ means courseware manuals or other training or certification products provided by the Company to the Customer or Consumer;
‘Customer’ means a company, partnership, or sole trader ordering Product(s) for the purpose of delivering or facilitating training courses or programs;
'Consumer' means an individual ordering Product(s) for personal use;
'Online' means orders made through the Company's webstore(s);
‘Resources’ means electronic or printed content or media that may be supplied by the Company and used by the Customer ordering related Products to facilitate the delivery of a training course.

2. Conditions

The ordering of Product(s) implies acceptance of these terms and conditions, which supersede in their entirety, any condition contained in any purchase order or other documentation, which the Customer may issue. These terms and conditions supersede any already published pertaining to the provision of any Product(s) by the Company.

3. Ordering, delivery

Orders may be made online or by fax (using a standard Company order form, available on request). There shall be no binding agreement between the Company and the Customer or Consumer until the order has been confirmed in writing by the Company. All orders are accepted subject to these terms and conditions.
Unless otherwise expressly agreed in writing, Product(s) shall be provided at the Company’s list price at the date of ordering. All prices quoted shall be exclusive of Value Added Tax, applicable local sales tax, and carriage, unless otherwise expressly stated.

Unless by prior arrangement with an official from the Company, orders for single copies of printed courseware manuals will be fulfilled with an ‘evaluation’ watermark.

Delivery of all orders is typically made within 5-7 days of placing an order with the Company. However, it is the Customer's responsibility to allow sufficient time for fulfilment. The Company can accept no responsibility for any delay in delivery.

4. Payment Terms

At the Copmpany’s discretion, any order may require payment in advance by credit card, cheque, or bank transfer. Specifically, all orders under £100 in value (excluding delivery charges), all orders for for Product(s) described as 'Exam Vouchers', and all orders made by Consumers must be paid for in full before the order can be confirmed.

If requested by the Customer, the Company may at its discretion issue an invoice to a Customer in respect of the order on the credit terms agreed in advance and stated on the invoice. At any time, the Company can change or amend the credit terms for any Customer.

The Customer shall not be entitled to withhold payment of any amount due to the Company in respect of any claims for alleged breach of contract by the Company or on any other account whatsoever, nor shall the Customer be entitled to any right of set off. Without prejudice to the Company’s other rights, if the Customer fails to pay any amount before the due date:
the Company shall have the right to refuse to accept any further orders placed by the Customer;
the Company reserves the right to charge interest on overdue accounts at the rate of 2% per month or part thereof until full payment has been received;
the whole amount of the balance then outstanding to the Company by the Customer on any account whatsoever shall become due and payable.

5. Returns

The Company cannot accept any return of Product(s) supplied to Customers. If any Product(s) are damaged when delivered to the Customer, the Company reserves the right to replace the goods at its discretion. Notification of damage must be made within two working days of delivery to the Customer.
Consumers purchasing Product(s) online or by fax may return such Product(s) for a full refund within seven days of receipt. Consumers wishing to make a return must notify the Company of their wish to return within this seven day period. The Consumer will be responsible for the arrangement and cost of returning the Product(s) to the Company. Alternatively, the Consumer may make the Product(s) available for collection by the Company. Any costs incurred with collecting the Product(s) will be invoiced to the Consumer. Returns of CDs, DVDs and tapes with software, audio or video may only be accepted by the Company if such items are returned unopened and sealed. Consumers purchasing Product(s) branded 'TestOut' or 'LabSim' may make a return within 7 days of the purchase date for a refund, exchange or credit (minus shipping and handling charges). The Product(s) must be returned un-opened and in re-saleable condition. Note that by requesting an activation key, the Consumer is deemed to have opened the Product(s), regardless of whether the activation key is actually received.

6. Changes

The Company endeavours to provide accurate information about the contents and format of Product(s) through descriptions on its website and webstore and sample or evaluation materials. The Company reserves the right to change the content of the Product(s), particularly to reflect advancements of methodologies. The Company will use all reasonable endeavours to give as much advance notice of any alteration as possible.

7. Errors and omissions, liability

The Company will assume no responsibility for any errors or omissions within the Product(s) that it supplies. Without prejudice to these terms and conditions, the Company’s sole liability is to supply the Product(s) that the Customer or Consumer has ordered. The Company shall have no liability and the Customer or Consumer shall indemnify the Company and keep it indemnified against any claims, costs or expenses which may be made against or incurred by the Company in respect of any death of or injury to any person using the Product(s), except in the case of death or personal injury caused by the Company’s negligence.
In no event shall the Company have any liability whatsoever to the Customer or Consumer or any third party for any loss of revenue, profit, data or goodwill or for any incidental special (consequential) loss or damage arising from the use of the Product(s).

8. Reservation of title, copyright, intellectual property

The ownership of and the property in the Product(s) shall remain in the Company until the full price of the Product(s) has been received by the Company. Until payment has been received, the Customer shall keep the Product(s) separate and store them in such a way that they are clearly identifiable as the property of the Company. Until the property in the Product(s) passes to the Customer, the Customer shall hold the same as bailee for the Company and as such shall be bound by all the fiduciary obligations arising out of such bailment. Notwithstanding the forgoing the Customer shall be entitled to sell the Product(s) (with the exception of Product(s) such as 'LabSim' or licences that are not resaleable), but the Customer in its fiduciary capacity as bailee, shall be bound to account fully to the Company in respect of the proceeds of sales thereof and shall be obliged to keep these proceeds segregated in a separate account. The said duty to account is absolute and shall arise on every resale of goods which have been supplied by the Company to the Customer and shall not be deemed to be waived whether the resale shall occur within the period of credit granted by the Company to the Customer or otherwise.

The Company reserves the right to repossess any Product(s) sold hereunder to the Customer in respect of which payment is overdue and thereafter to resell the same. For this purpose, the Customer hereby grants an irrevocable right and licence to the Company through its servants and agents to enter with or without vehicles upon all and any premises in which such Product(s) may be.

Copyright and all other intellectual property rights in any work created by or for the Company, together with the know-how developed and/or utilised in preparing and/or providing any Product(s), shall vest in the Company. The Customer’s or Consumer's use of Product(s) shall be by way of a non-exclusive, non-assignable licence only and the Customer or Consumer shall not make any copies of any such materials for any purpose nor disclose or make them available to any third party.

All Product(s) are supplied to Customers by the Company on a single copy per student basis; that is, a single copy of a training product, such as a course book with an e-learning enrolment key, must be given to one individual student to keep for themselves and not be retained by the Customer for use by other students, nor photocopied or reproduced in any form without the express written permission of a gtslearning director. The Customer must report to the Company any incidence of a number of students sharing a single copy of the Product(s) and the Company will accordingly charge the full catalogue price for each student sharing a single copy of the Product(s).

Additional Resources that may be made available to the Customer by the Company may only be used in conjunction with Product(s) supplied by the Company.

No material changes to these Resources are permitted without express written permission of a director of the Company. These resources may not be used in conjunction with goods or courseware from any other supplier.

The Company gives no warranty that the provision of any Product(s) shall not infringe any United Kingdom or other letters patent, copyright or other intellectual property rights owned by third parties. The Company shall not be liable to the Customer or Consumer for any costs, claims, demands, loss or damage relating to the infringement of any copyright or intellectual property rights that may arise from or out of the use thereof by the Customer or Consumer.

In the event of any threat of proceedings being made or action brought against the Customer or Consumer on the ground of an infringement of such rights the Customer or Consumer shall immediately inform the Company of the same and shall deliver to the Company all communications in connection therewith and render such assistance as the Company may reasonably require in defence thereof.

Product licenses are subject to their own particulars of use and copies of these may be provided on request.

9. Additional terms and conditions of use for Product(s) branded 'LabSim' or 'TestOut'

Each course or library purchased by a Customer or Consumer is licensed for a single user; meaning that it can only be used by one individual (although it may be loaded on three separate computers). LabSim courses are not transferable nor are they resalable. At the Company's discretion, additional licenses can be purchased at a discounted price when more than one individual needs to use the software.

Each LabSim DVD must be activated within 12 months of purchase date and the course must be completed within 36 months of activation. At the end of the period, unless renewed, the user account is deleted and the user will be unable to access the navigation tools.

The LabSim Complete Certification Library extends these periods to 24 months for activation.

The user can use the LabSim DVD on any computer anywhere in the world, as long as an internet connection is made to our portal at least every 21 days.

10. Severability

If and to the extent that any provisions or any part of these terms and conditions is deemed to be illegal, void or unenforceable for any reason, then such provision or part thereof shall be deemed to be severed from the remaining provisions all of which shall remain in full force and effect.