TERMS AND CONDITIONS
These terms and conditions (T&Cs) will apply between the Institute (defined below) and the Student (as defined below) who applies to the Course offered by the Institute. Before being allowed access to the Course, the Student will be asked to agree and accept these T&Cs by confirming to the Institute in an email.
1. DEFINITIONS & INTERPRETATION
In these T&Cs unless the context otherwise requires, the following words, expressions and terms, shall bear the meanings ascribed to them below when used in these T&Cs.
“Affiliates” means, in relation to a Party to this Agreement, any person or entity, directly or indirectly, controlling, controlled by, or under common control with such Party, from time to time
“Access Date” shall mean the date the Fees paid by the Student have been authorised by the Institute’s online portal/payment gateway.
“Agreement” shall mean these T&Cs.
"Confidential Information" shall mean and include (i) any and all written, visual, oral, digital, electronic and/or printed information disclosed by the Institute to the Student including Intellectual Property Rights, technical know-how, specifications processes, strategies, drawings, flow charts, algorithms, database in hard copies and/or soft format, study materials, software, computer program; (ii) any notes, analysis, compilations, studies, test results, research data and/or market study data, other materials developed by the the Institute during the Course; (iii) any negotiations and/or discussions pertaining to the foregoing information; and (iv) any financial, corporate, technical, tax, commercial, business, financial and/or other commercially valuable information and any other proprietary information of the Institute.
"Course" shall mean any one of the online courses listed on the Institute’s website at https://sib-online.thinkific.com/
"Fees" means the fees applicable to the relevant Course, as set out on the Institute’s website at the date of accepting these T&Cs or such other price that may be agreed in writing with the Institute.
"Institute" shall mean SIB UK PVT Ltd, a company incorporated in England and Wales under company registration number 10789348 and whose registered office is at 55 Old Broad Street, London, EC2M 1RX and shall include its Affiliates, successors and assigns.
"Intellectual Property Rights" shall mean any and all ownership, rights, title and interest in and to any and all discoveries, inventions, creations, works and Confidential Information, including, without limitation, patents, copyrights, trademarks, trade names, business names, service marks, designs, registered designs, integrated circuit goodwill, trade secrets and all the data, research findings, information, all present and future Course material, any and all intellectual property relating to the business of the Institute including all applications for patents, copyrights, designs, trademarks, service marks, tradenames, rights to apply in future and any amendments/modifications, renewals thereto.
"Student" shall mean the individual applying to purchase the Course.
"Term" shall mean a period of 3 years from the Access Date.
Unless the context otherwise requires in these T&Cs:
(i) reference to any gender includes a reference to all other genders;
(ii) reference to any document (including these T&Cs) are references to that document as the same may from time to time be amended, consolidated, varied supplemented, novated or replaced;
(iii) the headings are inserted for convenience only and shall not affect the construction of these T&Cs ; and
(iv) references in these T&Cs to Clauses as are references to clauses to these T&Cs.
2.2 Access to the Course shall be subject to terms of these T&C.
2.3 All Courses which appear on the website are subject to availability and the Institute can make changes to the Course as necessary and shall notify the Student of such changes.
2.4 Subject to the terms of the Agreement, the Course shall be available to the Student during the Term.
2.5 The Institute may offer discounts for purchasing multiple Courses at its sole discretion.
2.6 The Student shall be entitled to a full refund of its fees if it notifies the Institute of its dissatisfaction of the Course within 30 days from the Access Date.
3. DUTIES AND OBLIGATIONS OF THE STUDENT
The Student shall:
(a) provide any information and/or documents as may reasonably be required by the Institute, from time to time, which shall be true, fair, accurate and not misleading;
(b) not do anything which may tarnish the name, reputation and goodwill of the Institute nor use the content, material or video provided in the Course for any act which is illegal, unlawful, immoral and/or against public policy;
(c) be responsible for the safe custody of all the study materials and Confidential Information received from the Institute and in no event shall the Student try to download or duplicate the content, study materials and videos forming part of the Course;
(d) be bound by and shall comply with the policies, rules, regulations and code of conduct of the Institute which are in force at present and/or that may come into force from time to time;
(e) not do any act and/or thing which would impair and/or adversely affect the Institute’s ownership, rights, title and interest in the Intellectual Property Rights and Confidential Information vested or intended to be vested in the Institute;
(f) not copy (except to the extent permissible under applicable law), reproduce, translate, make any unauthorised use of, reproduce, distribute, republish, display, post or transmit, adapt, vary or modify any aspect of the Course content, study material or software or confidential Information, nor communicate them or it to any third party, without prior written consent of the Institute; and
(g) not remove, adapt or otherwise tamper with any copyright or trade mark notice, legend or logo which appears as part of the Course or the study material provide.
4. DUTIES AND OBLIGATIONS OF THE INSTITUTE
4.1 Subject to the terms of the Agreement, the Institute undertakes to provide the Student access to the Course during the Term.
5.REPRESENTATIONS, WARRANTIES, UNDERTAKINGS AND COVENANTS OF THE STUDENT
5.1 The Student hereby undertakes, covenants, represents and warrants to the Institute that:
- all information provided to the Institute are true, accurate and complete; and
- the Student is 18 years old or over.
5.2 The Student hereby acknowledges and accepts that:
- the Institute has not provided any representations and/or warranties on the content, accuracy, appropriateness and/or adequacy of the Course and all contents, data and study materials provided are on 'as is' basis and the Institute does not guarantee that the Course and the contents and material will be fault free and the Institute does not accept liability for any errors or omissions;
- the Institute does not give any warranty that its website and the Course is free from viruses or anything else, which may have a harmful effect on any technology;
- the Institute is not guaranteeing or providing any warranty that the Course may lead to a career in the investment banking and financial services sector;
- the Course does not lead to a degree or diploma or other educational qualification; and
(e) she/he does not have, and shall not acquire by virtue of the Agreement, any ownership, rights, title and interest in and to Intellectual Property Rights existing in the content of the Course and the study material provided in the Course.
6. TERM AND TERMINATION
6.1 Unless terminated early as provided herein, the Agreement shall commence on the Access Date and shall be valid for the duration of the Term.
6.2 The Institute may forthwith terminate the Agreement, suspend the Student’s access to the Course immediately by giving written notice upon the happening of one or more of the following events:
(i) If the conduct of the Student, in the opinion of the Institute, is inappropriate and/or unsatisfactory and/or prejudicial to the rights and reputation of the Institute.
(ii) If the Student violates the policies, rules, regulations and code of conduct of the Institute.
(iii) On breach of representations, warranties, undertakings, covenants, duties and/or obligations by the Student under the Agreement.
(iv) For any acts or omissions on the part of the Student which are unethical, fraudulent, unlawful, immoral and/ or corrupt.
(v) In the event of breach of the obligations in respect to the Intellectual Property Rights and Confidential Information owned by the Institute.
7. RIGHTS & OBLIGATIONS ON TERMINATION
Upon the termination of the Agreement, howsoever arising, the Student shall:
(a) forthwith handover, deliver to the Institute all it’s materials, study data, properties including information and documents relating to the Intellectual Property Rights existing and Confidential Information in her/his possession, custody and/or under her/his control existing and/or developed during the Course and under the Agreement.
(b) the Student shall not retain any copies and/or extracts of the documents, or the contents of any video whether in digital, printed, electronic and/or in any other form, containing any data, Confidential Information, Intellectual Property Rights, any information and/or documents, reports pertaining to the Course nor shall the Student share such information to any third party nor make use thereafter of any Confidential Information, knowledge and/or process and/or technical information acquired by the Student.
8. CONFIDENTIAL INFORMATION
8.1 The Student shall (except as authorised or required by law or as authorised by the Institute) either during the Term or at any time after termination of this Agreement maintain all Confidential Information, in strict confidence and refrain from using, copying, stealing and/or otherwise disclosing, divulging and/or parting with, either directly or indirectly the Confidential Information for her/his own benefit and/or for the benefit of any third parties, except for the purpose of implementation of the Agreement.
8.2 All Confidential Information is the property of the Institute. All contents, documents and/or materials provided in the Course belong to the Institute and the Student waives any right, title or interest she/he may have over such content material and/or information.
8.3 The Student agrees and understands that because of the unique nature and sensitivity of the Confidential Information, the Institute will suffer irreparable harm and/or loss in the event that the Student fails to comply with any of its obligations contained in the Agreement with respect to confidentiality, and that monetary damages will be inadequate to compensate the Institute for such breach. The Student, therefore, agrees that the Institute shall in addition to any other right and/or remedy it may have in law have the right to seek immediate injunctive relief and specific performance to enforce the confidentiality obligations of the Student contained herein.
8.4 The Confidential Information, the contents of the Course and all study material being disclosed under the Agreement shall not be used by the Student to directly and/or indirectly engage in any activity relating to teaching and /or any other business similar to that of the Institute.
9.1 All notices and other communication under the Agreement shall be in writing and in English and either delivered by hand or sent by registered mail or courier by email or by facsimile telex or fax in each case to the addresses provided by the Parties from time to time.
9.2 All notices shall be deemed to have been validly given on (i) the business date immediately after the date of transmission with confirmed answer back, if transmitted by facsimile/electronic transmission, or (ii) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed.
10. INDEMNITY & LIABILITY
10.1 The Student hereby agrees and undertakes that it shall, at all times, indemnify and keep the Institute fully indemnified against any and all losses, liabilities, claims, damages, costs, charges and expenses (including, without limitation, any legal or other expenses incurred in connection with defending or investigating any such action or claim) suffered and/or incurred by the Institute arising out of the breach and/or non-fulfillment of any representations, warranties, covenants, undertakings, duties and obligations of the Student under the Agreement.
10.2 It is expressly provided that, in no event shall the Institute be liable for any loss of any kind or for indirect, special, incidental or consequential damages of any kind whatsoever, suffered by the Student in connection with the Agreement.
10.3 The Institute's total liability to the Student, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement shall be limited to the Fees paid by the Student under the terms of the Agreement.
11.2 When registering to use the Course, the Student must set up a username and password. The Student shall remain responsible for all actions taken under the chosen username and password to anyone else and keep them secret. The purchase of the Course is for use by the Student only and registration information should not be forwarded on to third parties.
No failure on the part of either Party hereto to exercise, and no delay in exercising any rights hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any such right preclude any other or future exercise thereof or the exercise of any other right.
Except as otherwise provided herein, the Agreement may not be amended except by a signed agreement in writing between the Parties.
If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Agreement.
12.4 Entire Agreement
The Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof to the exclusion of all other understandings and assurances, either written or oral.
The Student shall not assign and/or transfer her/his rights, interest, benefits and liabilities under the Agreement.
Cancellation, expiration or earlier termination of the Agreement shall not relieve the Parties of obligations that by their nature should survive such cancellation, expiration or termination including warranties, remedies, promises of indemnity, confidentiality and this Clause.
12.7 Force Majeure
The Institute shall not be in breach of the Agreement nor liable for delay in performing, or failure to perform, any of its obligations under the agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for three weeks, the Institute may terminate this agreement by giving 5 days’ written notice to the Student.
12.8 No Partnership
Nothing in the Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the Parties, nor constitute either Party the agent of another Party for any purpose. Neither Party shall have authority to act as agent for, or to bind, the other Party in any way.
12.9 Third Party Rights
The Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement.
12.10 Governing Law and Jurisdiction
The Agreement shall be governed in accordance with the laws of England and Wales. The Parties agree that the Courts at England and Wales shall have exclusive jurisdiction in respect of any matter, claim or dispute arising out of or in any way related to this Agreement Provided that for the purpose of injunctive reliefs and specific performance, the Parties shall have a right to proceed before the courts in appropriate jurisdiction.