Terms of Business

1. Introduction

The Training Pages directory is intended for use by those who are seeking and providing training courses and services primarily in the United Kingdom. Training Pages is a division of Ecube Limited (‘Ecube’), Plaza 535, Kings Road, London SW10 0SZ, a UK company registered in England and a wholly-owned subsidiary of Stockcube plc (‘Stockcube’). Stockcube is listed on AIM. The terms and conditions set out below constitute the legally binding terms upon which Ecube will permit access to, and use of, the information published on this Website A ‘user’ means a person or organisation that is searching for training courses and related services. A ‘provider’ is a person or organisation that offers to provide and/or sell training courses, related qualifications and certifications and services. A ‘customer’ is a person or organisation that uses the facilities provided by Training Pages either as a user or provider. Application to access the restricted access pages of the Website may only be made on the terms set out in this Agreement.  Customers will not be entitled to use such services until acceptance of this Agreement and receipt by the Customer of a personal username and password. 2. Commencement This Agreement comes into force as soon as it is received by the Customer. By proceeding to the disclaimer page the Customer is accepting these terms and conditions.

3. Communications

Communications with Training Pages pursuant to this Agreement may be made by telephone 0207 349 2139, email for Sales, Customer Management , Technology and Accounting, or in writing to the address specified above. Ecube will assume that any instructions received which have been authenticated by Customers’ usernames and passwords are genuine, valid instructions from Customers to us and we will act accordingly. Usernames and passwords must not be disclosed, nor be allowed to be disclosed, to third parties. Customers are strongly advised to change their passwords from time to time. Customers must contact Ecube immediately if they suspect that their username or password has been disclosed to, or obtained by, a third party and that its integrity is threatened. Until such notification is received by Ecube, we will assume that any instructions received in electronic form or over the telephone, which have been authenticated by Customers’ usernames and passwords, are genuine and valid instructions from Customers to us. Ecube shall communicate with Customers, at the address last notified to us by any of the above means unless we are required to communicate in writing either under this Agreement.

4. Commissions and Charges

Any person or organisation providing appropriate training courses and related services may list as many courses or services as they wish by using the sign-up form and entering their details.   Details of all charges payable to Ecube in connection with the hosting and provision of information and services are available from the Website. Training Pages reserves the right to vary the charging structure for the use of the database, without prior notice. Please note that Ecube will invoice on behalf of Training Pages and payments should be made payable to Ecube Limited, at the above address. Note: (i) Each Logo-weblink, Sort to Top or Combo you buy automatically extends your course listings by one listing at no additional cost. (ii) Additional services you buy at different times count as stand alone purchases and will not qualify for cumulative discounts.. (iii) Credits for services are used up on an annual time basis. Additional annual services you buy will be charged pro-rata to expire at the same time as your initial order. (iv) Each method of course delivery will use a separate listing, so that, for example, a course that is delivered as both a public course and an in-house course will use two listings and a course that is delivered as public, in-house and on demand will use three listings. (v) Each public course (even if identical to another) that is delivered from a separate venue will use a listing. Each public course (if identical to another) that is delivered from the same venue will use one listing irrespective of the number of delivery dates (vi) Training Pages Manage Courses system allows customers complete freedom to apply and remove purchased services from course to course as they wish.

5. Cancellations and Refunds policy

Users do not pay to search for courses and services on Training Pages. Listing and  promotional services may be purchased in advance by monthly and annual subscription as described elsewhere on the Website. Cancellations within the first 28 days of a paid-for annual service will be refunded at 60%. No refunds will be made for bulk upload services or cancellations of the monthly services or after 28 days from the start of an annual service.

6. Copyright and User Registration

Access to the restricted access pages of the Website is restricted to individual Customers and may not be shared with others. Whilst information extracted from the files on the Website may be used personally any copying or distribution of such files in whole or in part is prohibited. Ecube reserves the right to monitor all accounts to determine the number of files being accessed and the locations from which access is effected. It is expected that Customers will not access the Website from more than two different locations. Access from a greater number of different locations may give rise to enquiries by Ecube and a review of Customers’ accounts. The statistical information compiled and published by Ecube is the property of Ecube and/or its licensors and may not be used except as authorised by or pursuant to this Agreement.

7. Data maintenance

Any person or organisation providing information to be listed by Training Pages agrees to take full responsibility for its accuracy and relevance at the time of submission. Each provider undertakes not to provide inaccurate or misleading information and in particular each warrants that courses and services are currently available and that they conform to the description given. Training Pages may from time to time investigate the level of maintenance activity being performed on the information and, if in the opinion of Training Pages, the information is out of date, inaccurate, materially incomplete or relates to inactive providers, the information and provider details may be deleted after best efforts have been made to contact the initial provider of the information.

8. Cookies

A “cookie” is a small file containing information that is sent to your computer as you use a Website. We use cookies for two purposes: ·       We use a “session cookie” (which are removed when you restart your browser) to maintain the state of your session when you login to our Website. You will not be able to login unless session cookies are enabled. ·       We use “permanent cookies” to track user preferences; for example your account name, or status within our Website. We also generate track usage and performance information using these cookies. The Website will work if permanent cookies are disabled but certain features may not function properly.

9. Default

If the Customer makes a default in or commit a breach of these Terms of Business and in particular fails to pay charges for services as they fall due or any other event occurs which in the opinion of Ecube may jeopardise its position or that of the Stockcube group we may, without referring to the Customer, take such action in relation to any service as we, in our absolute discretion, consider necessary, desirable or expedient to comply with or to perform, cancel or satisfy any service or transaction or to protect such positions

10. Liability for Loss

Much of the information contained here is managed and updated by the training providers themselves and Training Pages expressly makes no warranty for the accuracy or relevance of the information herein contained. Ecube shall not be liable for any direct or indirect, incidental or consequential loss or damage (including loss of profits, revenue or goodwill) arising from the use, inability to use, interruption or non-availability of the Website or any part of the research materials published on the Website or otherwise any loss of data on transmission, howsoever caused. Whilst the material published on the Website is believed to be reliable and accurate, it is not independently verified. Accordingly, no representation or warranty is made or given by Ecube, its officers, agents or employees as to the accuracy or completeness of the same and no such person shall have liability for any inaccuracy in, or omission from, such materials, save, however, that there shall not be excluded any liability for direct loss, costs or expenses caused by the wilful default, negligence or fraud of Ecube or its employees. The installation and maintenance of all computer hardware, software and communications devices needed by the Customer to access the restricted access pages of the Website are solely the Customer’s responsibility.

11. Joint and Several Liability

If a Customer is a partnership, or is otherwise comprised of several persons, the liability and obligations of each such person under this Agreement shall be joint and several. Any default due to non-payment of fees shall be deemed to have occurred in respect of all of such persons and Ecube may exercise its rights set out in clause 14 without being required to give notice of such an event to any of the persons.

12. Privacy policy

We understand that the privacy and security of your personal and account information are important to you. Training Pages adheres to confidentiality standards that are designed to protect your personal information. ·       When you browse the public (pre-login) areas of this Website, you are not required to provide us with any personal information, and we do not monitor or collect any personally identifiable information from you. ·       If you register to use the password-protected areas of this Website, we will ask you to provide us with information about yourself .This information will only be used to verify your identity and your eligibility to receive certain products and services, to provide information to you about products and services that we believe may be of interest to you, to record your interest in products and services that we offer, and to respond to your requests for information.  You may elect to not receive such information. ·       We emphasize to our employees the confidential nature of this information and the high level of importance we place on maintaining this confidentiality. All information that is supplied is covered by the United Kingdom’s Data Protection Act 1998. ·       Our aim is to provide you with the best and most relevant information possible. Products and services will come to our intention from time to time which we think could be of interest to you ·       Our Website contains links to other Websites not operated by Ecube. Ecube is not responsible for the content, or the privacy practices, of these Websites. Whilst we have endeavoured to create a secure and reliable Website for our customers, the confidentiality of any communication or material transmitted via our Website or by e-mail cannot be guaranteed. When disclosing personal information, users should be aware that it is potentially accessible by others, and may be collected and used by others without the user’s consent. Ecube accepts no responsibility for the security of personal information transmitted via the internet.

13. Disclosure of Information

Whilst Ecube will at all times protect its Customers’ confidentiality, we may be obliged to disclose information concerning a Customer, its business or any transactions which have been obtained in the course of the Customer’s business relationship with Ecube, when required or requested to do so under any relevant law or by any governmental authority. The Customer irrevocably authorises Ecube to make the disclosure of such information accordingly and without reference to the Customer. The Customer also hereby authorises the disclosure of such information to Connected Companies of Ecube.

14. Amendment, Variation and Assignment

Training Pages maintains the categories and structure of the database and reserves the right to modify, rearrange and otherwise alter these without notice.  The provision of any course, provider or other information by Training Pages is at the absolute discretion of Training Pages, and listings may be withdrawn at any time, without notification or explanation. Information which, in the opinion of Training Pages, is inappropriate, out of date or incorrectly categorised may be changed or deleted without warning. Ecube reserves its right to vary any of the terms of this Agreement either by written notice to Customers or by notice published on the Website describing the relevant changes. The variation shall take effect upon receipt by Customers of notice in writing or in the case of notification through the Website, on the first occasion thereafter upon which any attempt is made by a Customer to access the research on the restricted access pages of the Website. Ecube may assign all or any of its rights and obligations under this Agreement to another appropriate member of the Stockcube Group or any of their successors. This Agreement is personal to each Customer, and Customers’ rights and obligations under this Agreement and any transactions entered into pursuant hereto, are not capable of assignment to a third party.

15. Authority, Consents, etc

A Customer, if a natural person, warrants and represents to Ecube that he/she is over the age of eighteen years. If a body corporate, partnership or unincorporated body it warrants that it is by its memorandum and articles of association, deed of partnership, trust deed or other constitutional document, as the case may be, empowered (and has taken all necessary steps and obtained all licences, permissions, consents and approvals) to enter into this Agreement with Ecube.

16. Termination

This Agreement between the Customer and Ecube may be terminated at any time with one day’s notice, by one party giving written notice to the other in accordance with the terms of this Agreement. Such notice shall be subject to any outstanding commissions or fees accruing to Ecube (including any additional expenses incurred in connection with such termination) being paid. Ecube will be entitled to terminate this Agreement if at any time a Customer fails to make payment of any fees due and payable to them. Ecube may terminate this Agreement without notice and with immediate effect on the terms referred to in the event that the Customer shall at any time do anything to jeopardise the proper and efficient running of the Website or make or permit any unauthorised access to such Website. In the event of termination the Customer will not be entitled to a refund of any subscription charges. Termination of this Agreement will not affect any outstanding order or transaction or any legal rights or obligations which may have already arisen and this Agreement shall continue to apply in respect thereto. Termination shall be without effect in relation to any warranties and representations made by the Customer under this Agreement and clauses 10, 12 and 13 in particular shall survive any such termination and remaining full force and effect.

17. Further provisions

(a) Entire Agreement This Agreement and the Disclaimer document embody and set forth the entire Agreement and understanding between Ecube and the Customer with respect to the services to be provided herein. This Agreement supersedes all prior oral and written agreements, terms, understandings or arrangements relating to its subject matter. (b) Illegality If at any time any of the provisions set out in this Agreement (in whole or in part) is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction neither the legality, validity or enforceability of the remainder of such clause or the remaining clauses of this Agreement nor the legality, validity or enforceability of such clause shall be affected. (d) Rights and Remedies No failure or delay by Ecube to exercise, in whole or in part, any rights under this Agreement or under any transaction shall constitute or be deemed to constitute a waiver of those rights upon that or any subsequent occasion. The rights and remedies herein are cumulative and not exclusive of any rights or remedies provided by law. No failure to exercise or delay in exercising the same shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof.  The Customer’s rights and obligations under these Terms of Business and any transactions entered into pursuant hereto are not capable of assignment. (e) Binding This Agreement is binding upon the Customer and its successors in title. (f) Time of Essence Time shall be of the essence in relation to the payment of fees pursuant to this Agreement. (g) Force Majeure Ecube shall not be in breach of any of the provisions of this Agreement or held liable or responsible for total or partial failure of performance of its duties and obligations occasioned by any event or circumstance whatsoever not reasonably within its control, including, without limitation, acts of God, fire, acts of government or state, any acts or regulations of any governmental or supranational bodies or authorities, strike, lock-out or other form of industrial action, war, civil commotion, insurrection, embargo, failure of any computer system, prevention from or hindrance in obtaining any raw materials, energy or other supplies, labour disputes of whatever nature or any other reason (whether or not similar in kind to any of the above), or acts of terrorism. Ecube shall have no liability or responsibility for any loss or damage incurred or suffered by the Customer in the event of any breakdown, failure or malfunction of any telecommunications or computer services or systems. (h) Principal The Customer represents and warrants that it is acting as principal and not as agent or attorney for any other person. Ecube shall not be bound to act in accordance with the instructions of any person other than the Customer (but shall be entitled to act in accordance with all instructions given by the Customer or purporting to be given by the Customer) and its liabilities hereunder shall be fully discharged by it performing such in the Customer’s favour.

18. Governing Law

These Terms of Business shall be governed by and construed in accordance with the laws of England and Wales. In relation to any dispute, the Customer irrevocably agrees to submit to the non-exclusive jurisdiction of the English courts.

19. Miscellaneous

References to a “person” include a reference to any natural person, firm, company, corporation, government, state or agency of a state or any association or partnership (whether or not having separate legal personality) or any one or more of the foregoing. “Business Day” means a day (other than Saturday or Sunday) on which bank premises are open for general business in London. “Connected Company” means (in relation to a body corporate): (a) That body corporate’s holding company; (b) A subsidiary of the body corporate; (c) A subsidiary of the holding company of that body corporate. Disclaimer By logging in the Customer agrees to be bound by the standard Terms of Business of Training Pages. By means of the Customer’s login to these services the Customer is deemed to thereby accept the current Terms of Business including the notice below. If the Customer does not wish to accept these current Terms of Business and the notice below, the Customer should quit this Website immediately. None of the services provided as a result of this agreement constitutes a recommendation for a course or related service and none should be construed as such.  . No recommendations are made directly or indirectly by Ecube as to the merits or suitability of any course or service which may result directly from having viewed the Website or having received information by email. Access to the Website is not open to persons or organisations resident in any territory outside the United Kingdom where, to allow such access, would require any registration, filing, application for any licence or approval or other steps to be taken by Ecube in order to comply with local laws or other regulatory requirements in such overseas territory. In all cases it is the Customer’s responsibility to be informed about applicable legal or other regulatory requirements in the territory in which the Customer is resident or of which the Customer is a citizen. By acceptance of this Agreement the Customer represents and warrants that neither allowing the Customer access to the Website nor the acceptance of this Agreement by the Customer will infringe the laws or impose upon Ecube any obligations or duty which has not been performed, fulfilled or satisfied under the laws of any territory the United Kingdom in which the Customer is so resident or of which the Customer is a citizen. If the Customer is in any doubt about its status or compliance with the laws and regulations of any applicable territory, it is recommended to the Customer to take appropriate professional advice without delay. While all reasonable care has been taken to ensure that the information published on the Website is not untrue or misleading at the time of publication, neither Ecube nor its officers or employees make any representation or warranty as to the accuracy or completeness of such materials. No liability is accepted for any loss whether direct or indirect, incidental or consequential, arising out of any of the information not being true and accurate except to the extent caused by the wilful default or gross negligence of Ecube or its employees. The content of this Website is protected by copyright and other intellectual property rights or similar rights which, unless indicated otherwise, are the property of Ecube or another member of the group. Except for permission to download a single copy for personal use, the material published by Ecube may not be reproduced, distributed or published in whole or in part by any recipient for any purpose, without our prior express written consent. Whilst certain software may be made available to the Customer from time to time at the Ecube Website, the Customer is licensed to use such software on a non-exclusive basis only for the purposes specified. The Customer is not permitted to use such software for any other purposes and may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise deal with such software. The “Training Pages“ and “Ecube” names are, the trade marks of the Stockcube plc group. All intellectual property rights in and to the same are expressly reserved to the group or (as the case may be) the organisation which has licensed the group to reproduce the same and accordingly none of the trade marks may be reproduced by the Customer without the express prior consent of the group. This Website is hosted in the United Kingdom and compiled in order to comply with English law. All visits to this Website are subject to and governed in accordance with English law.