Centre of Excellence in B2B Marketing
Digital Terms and Conditions of Sale
Effective date: 25th May 2018
This is a contract with the Centre of Excellence in B2B Marketing. Access to the Programme materials is through our e-learning portal.
Please carefully read the following terms before purchasing and/or accessing any e-learning programme. By accessing this website (which includes, visiting, registering, purchasing or accessing a programme) you accept and agree to all of the covenants and conditions imposed in this agreement. If you do not agree to these terms, you may not access the website.
By using this service, you agree that you have read, understand and agree to these terms. You also agree to review this agreement periodically to be aware of modifications to the agreement, which the Centre of Excellence in B2B Marketing may make at any time. Your continued use of this website will be deemed your conclusive acceptance of any modified agreement.
1.1. Programmes: Centre of Excellence in B2B Marketing (“COE-B2BM”) is a provider of e-learning programmes in B2B Marketing (“Programme(s)”). Programmes are delivered via the world-wide web (“the Web”).
1.2. Programme Details: Details of the Programmes are available on the website https://coe-b2bm.com.
1.3. Terms apply to all Programmes: The following terms and conditions (“these Terms”) shall be incorporated into all agreements for the provision of Programmes, including agreements which constitute ‘distance contracts’ (a ‘Distance Contract’) under the Consumer Protection (Distance Selling) Regulations 2000.
2.1. Definitions: In these Terms, the following expressions shall have the meanings set against them unless the context is inconsistent therewith:
2.1.1. “Programme Materials” means any documentation, articles, web pages, online modules content, toolkits, assessments or case studies provided as part of a Programme;
2.1.2. Centre of Excellence in B2B Marketing (“COE-B2BM”) is a brand of Shaping Business Strategy Limited, registered in Ireland with registration number 679738.
2.1.3. “You” or “Customer” or “Customers” means any person who uses the Website or who purchases Programme(s) from the Centre of Excellence in B2B Marketing, or who undertakes the Programmes.
2.2. Delivery: “Delivery” means the time when the Programmes purchase has been completed, or when access to online Programme has been granted after confirmation of order completion.
2.3. The Regulations: Any reference to a Regulation in these Terms is a reference to one of the Consumer Protection (Distance Selling) Regulations 2000.
- YOUR ACCEPTANCE OF THESE TERMS
3.1. Acceptance: By registering to use the Website and/or purchasing the Programme(s), you agree to be legally bound by these Terms, and that your use of the Website and the Programmes will be on these Terms alone.
3.2. Amendment: COE-B2BM reserves the right to change these Terms from time to time. You are responsible for regularly reviewing these Terms and any amended terms posted on the Website or otherwise notified to you. Your continued use of the Website and/or the Programme(s) constitutes your agreement to these Terms as amended. COE-B2BM will be bound by any amendment to these Terms only to the extent that such amendments have been approved in writing by a Director or the Company Secretary of COE-B2BM.
4.1. COE-B2BM reserves the right to change the content used at any time.
4.2. If the Customer fails to complete the Programme in the time period the access has been granted for, they will not be eligible for a refund. Exceptional circumstances may be considered on a case-by-case basis to extend the access period duration.
4.3. You will receive an electronic notification prior to the Programme end date.
4.4. All rights not expressly granted herein are reserved.
4.5. These Terms and Conditions shall be governed by and construed in accordance with the laws of Ireland.
4.6. If You do not agree with these Terms and Conditions you must cease the Programme immediately and notify COE-B2BM of your intent not to continue.
5.1. COE-B2BM prices its programmes and issues invoices in Euro currency (EUR). You must pay in the currency shown during online payment or on the issued order invoice.
5.2. Currency conversion charges from any other currency to that of the invoice is the responsibility of the Customer.
5.3. Except as otherwise expressly agreed by COE-B2BM in writing, the price of each Programme shall be the price listed on the Website at the date of purchase (subject to any volume discounts if listed by COE-B2BM). Save as otherwise expressly stated by COE-B2BM, the listed price excludes VAT where applicable. The price of each Programme is subject to change at any time at COE-B2BM’s sole discretion prior to the date of purchase. You must check the Website for the current prices before purchasing any Programme(s).
5.4. Any sales taxes relevant to the country where the Programme is being purchased from will be added to the Programme price in accordance with that country’s tax regulations.
5.5. By agreeing to these Terms during purchase, you are agreeing to our payment terms.
5.6. For the Customers paying via bank transfer, they will receive their order invoice in an email from the COE-B2BM. The customer must make the payment and confirm that in an email in order for the order to be completed. On completion of the order, access to the Programme will be granted.
5.7. Programme price includes the licensing of Programme materials for a limited period of time. Each license is valid to one person only and cannot be exchanged or shared.
5.8. COE-B2BM reserves the right to review the pricing and take appropriate action.
5.9. All discounts, whether advertised or stated in correspondence, are mutually exclusive i.e. only one discount can be applied to any one booking.
5.10. For payments with credit/debit cards, COE-B2BM uses a third party card payment processor. COE-B2BM does not store any credit/debit card information. The third party has its own privacy and data collection and protection practices. COE-B2BM has no responsibility or liability for these independent practices.
- CANCELLATION POLICY
6.1. All cancellations must be received in writing. In compliance with the Distance Selling Regulations, cancellations received within 14 days of purchase of the Programme, may qualify for a refund (see section 7.1.)
6.2. If a customer cannot access the Programme online via the Website because they fail to meet the required system requirements, then COE-B2BM will not take responsibility or give a refund to the purchaser. It is the Customer’s responsibility to test their system for any compatibility issues prior to making the purchase.
6.3. The start date of all access is deemed to be the date that the Customer first has access to the Programme. COE-B2BM will make one attempt to warn the customer when this access period has ended. After this attempt COE-B2BM can no longer guarantee access to the course or that certification will be possible.
7.1. In compliance with the Distance Selling Regulations, should you change your mind within 14 days of purchase of the Programme, and you have not used the programme in that period, then you can request a refund. We reserve the right to charge an administration fee of €50 (+VAT where applicable) payable to process deregistration and refunding payment.
7.3. No refund is given where a Customer has completed the Programme along with assessments.
- PROGRAMME MATERIALS
8.1. The Programme material is the property of COE-B2BM.
8.2. The Programmes/ Programme materials are prepared, maintained, updated and distributed by COE-B2BM.
8.3. The use of the Programme material is restricted to the Customer who has been supplied with the log in details by COE-B2BM.
8.4. The Customer shall not copy, share, modify, transmit, distribute, or in any way, exploit the copyrighted materials provided by COE-B2BM other than for their own individual learning and competency development as required in the Programme. Use for any other purpose is expressly prohibited by law and any violators will be prosecuted.
8.5. The Customer shall not permit anyone else to copy, use, modify, transmit, distribute, or in any way, exploit the copyrighted materials.
8.6. The Customer is solely responsible in all respects for protecting the confidentiality of any password given to you or selected by you for access to or use of the Website and/or the Programme. Your password may only be used by You personally and You must not share it with or transfer it to any third parties. You are solely responsible for any and all activities that occur under your password and account. You must notify COE-B2BM immediately of any unauthorised use of your password or any other breach of security regarding the Website and/or the Programme, which comes to your attention. COE-B2BM will not be liable for any loss that you may incur as a result of a third party using your password or account. However, you may be liable for losses incurred by COE-B2BM as a result of someone else using your password or account.
8.7. The materials made available by the COE-B2BM are provided “as-is” without warranties of any kind, either expressed, or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title or non-infringement.
8.8. COE-B2BM does not warrant that the materials will be error free including technical inaccuracies, nor free of viruses, or other harmful matter. The entire cost of any necessary service, repair, or correction, is the Customer’s responsibility.
8.9. COE-B2BM may make improvements, or changes, to this material at any time without prior notification.
- ACCESS TO THE PROGRAMME
9.1. COE-B2BM strives to provide uninterrupted Programme content to its customers. To that end, COE-B2BM will take all commercially reasonable efforts to provide uninterrupted Access of the Programme to its Customers. However, from time to time, Customers may be unable to Access the Programme due to conditions beyond COE-B2BM’s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, access may be restricted due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the Programmes to its customers, COE-B2BM will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.
9.2. Centre of Excellence in B2B Marketing endeavours to provide the highest quality content to its Customers. To that end, COE-B2BM reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Programme in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this Programme. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on the COE-B2BM Website.
9.3. Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Website and Programme.
9.4. COE-B2BM shall make reasonable efforts to provide technical support Monday to Friday between the hours of 9am – 5pm excluding statutory holidays.
9.5. The e-learning programmes include templates and toolkits Customers will use during the Programme as part of the structured activities. As a result the Programmes have been optimised for desktop and laptop use. The content has been tested to operate on Android and iOS devices, although COE-B2BM does not recommend this option for undertaking the learning programme.
- THIRD PARTY CONTENT; HYPERLINKS
10.1. COE-B2BM makes no warranty, either expressed or implied, of the accuracy, merchantability, fitness for a particular purpose, or non-infringement of the information provided by third parties. This includes, but is not limited to, any information found on a link located on the Website or in the Programme/ Programme materials that allows users to access information found on another website. Additionally, COE-B2BM does not warrant the existence or functionality of any website which can be accessed through a link located on this Website or in the Programme.
- COPYRIGHTS, TRADEMARKS AND OTHER PROPRIETARY RIGHTS
11.1. COE-B2BM or its third party content providers shall retain all worldwide rights in the intellectual property in and on the Website and Programme, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the “look and feel” of the Website and the Programme, its colour combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything you read or see on the Website and Programme is copyrighted, trademarked, or otherwise protected and owned or licensed by the COE-B2BM.
11.2. 9.1 Except as expressly stated on the Website, the Programme or in these Terms, nothing that You read or see on the Website or in the Programme may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of COE-B2BM, except as provided in these Terms. Nothing in these Terms grants you an express or implied license to use any of COE-B2BM’s intellectual property.
11.3. The deployment within the Website of any spider, robot, web crawler or other automated query program is forbidden except as may be necessary to identify the existence and general nature of the Website for ordinary internet search engine purposes.
- DISCLAIMERS AND LIMITATION OF LIABILITY
12.1. Customers access this Website at their own risk. The Website is provided on an “as is, as available” basis without warranty of any kind, expressed, implied or statutory, and any and all warranties of merchantability, fitness for a particular purpose or non-infringement of third parties’ rights are specifically disclaimed. COE-B2BM does not warrant any particular result from use of the Website. COE-B2BM does not warrant that the information on the Website is accurate, complete or complies with any particular law or regulation, or that the operation of and Customer’s access to the Website or the Programme will be uninterrupted, error-free, virus-free or completely secure.
12.2. Under no circumstances and under no legal theory (tort, contract or otherwise) shall COE-B2BM or any of its affiliates, agents, employees, shareholders, directors, officers, third party content providers, successors or assigns be liable to you or any other person or entity for any indirect, special, incidental, punitive or consequential damages of any character, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract, or any and all other commercial damages or losses.
12.3. Your use of this Website is at your sole risk and any content that you download is downloaded at your own discretion and risk, and you are solely responsible for any damage to your computer system in excess of the amount COE-B2BM received from Customers on the Programme, and for any loss of data that results from the downloading of any such content, including any damages resulting from computer viruses.
12.4. In no event will COE-B2BM be liable for any damages in excess of the amount COE-B2BM received from the Customer for access to a Programme, even if COE-B2BM has been informed of the possibility of such damages, or for any claim by any other party.
12.5. In no event will warranties provided by law, if any, apply unless they are required to apply by statute notwithstanding their exclusion by contract.
12.6. This disclaimer is applicable to any damage or injury resulting from the negligence or an omission of COE-B2BM, computer virus or other similar item, telecommunications errors, or unauthorised access to or use of user information through theft or any other means. COE-B2BM is not liable for criminal, tortious, or negligent actions or omissions of third parties that affect this site.
12.7. The Website and/or the Programmes are provided for knowledge and competency development purposes only and do not constitute financial, legal or other professional advice. COE-B2BM does not accept any responsibility or liability for any loss which may arise from reliance on information contained on the Website and/or in the Programmes.
12.8. The above warranties are COE-B2BM’s only warranties and no other warranty or condition, express or implied, will apply to the supply of the Programmes, the Programme materials, or any other matter covered by these Terms. No warranty is given that the Programme materials will be fit for any particular purpose. Your statutory rights as a consumer (if any) are not affected by these Terms.
- THE CONTRACT
13.1. When you commit to the purchase of COE-B2BM Programme you agree to be bound by these Terms and Conditions. You agree to use the Programme material for your own personal learning and not to reproduce, sell, hire or copy Programme materials (in whole or in part) and not to use such materials except for personal reference.
13.2. Access will be given to the Programme after purchase order is completed for a fixed registration period (180 days for Essential programme, 270 days for Excel programme and 365 days for Elite programme, unless a different period is indicated on your receipt or in writing). After this period Customer access to the Programme is automatically terminated. After this period under exceptional circumstances and at the discretion of the COE-B2BM your access may be extended when requested.
14.1. In order to receive a certificate from COE-B2BM the specific Programme along with all its specified components must have been completed.
14.2. All certificates will be provided at COE-B2BM’s discretion.
15.1. You agree to indemnify COE-B2BM in respect of any costs, claims, demands, losses or liabilities (including reasonable legal fees) incurred by COE-B2BM as a result of or arising in any way from a claim by a third party which results from any breach by You of the provisions contained in these Terms.
- TERMINATION & ACCESS RESTRICTION
16.1. COE-B2BM shall have the right, at any time by serving written notice on You (which notice may be served by the sending from our server of an e-mail to the e-mail address set out during purchase of the Programme), to cancel your registration and access to the Website and/or the Programme if You are in breach of any material term of these Terms. COE-B2BM reserves the right, in its sole discretion, to suspend your registration and/or access to the Website and/or the Programme at any time without notice.
16.2. For any corporate client termination agreements whereby the client may want to remove any data off the system, COE-B2BM reserves the right to charge an administrative removal fee of €20 per name removed.
17.1. Address for Notices: Notices to Centre of Excellence in B2B Marketing should be sent to firstname.lastname@example.org or by post to the following address:
Shaping Business Strategy Limited
17.2. Form of Notices and Time of Receipt: Notices to you may be sent to you either by e-mail or to the address set out at the time of purchase. Notice will be deemed received twenty-four (24) hours after e-mail is sent or three (3) days after the date of posting.
- LAW, DISPUTES AND JURISDICTION
18.1. These Terms (and all disputes, whether contractual or otherwise, arising out of or in connection with them) are governed by the laws of Ireland and are subject to the exclusive jurisdiction of the Courts of Ireland to which jurisdiction the parties hereby irrevocably submit.