GENERAL TERMS AND CONDITIONS FOR TRAINING, WORKSHOPS, AND LABS

NOTICE: Delivery by Company of any Course or training program is expressly conditioned on Customer’s consent to these Terms and Conditions.    

By participating in training provided by Company, you agree that you have read, understand, and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice.

DEFINITIONS:

Unless otherwise defined in the Agreement, the following terms shall have the following meanings throughout the Agreement:

  1.  “Agreement” means these Terms and Conditions and (a) the signed Enrollment Contract; or (b) completed Online Enrollment Process.

  2. “Company” means Magpie Human Systems.

  3. “Course” means any of the training course(s) to be supplied by Company, to Customer under the contract.

  4. “Course Date: means the date scheduled by Company and accepted by Customer on which the course shall begin.

  5. “Course Price” means the charges set for the training course(s) payable by Customer to Company for the course(s).

  6. “Customer” means the individual or entity to which Company provides the training.

  7.  “Intellectual Property” includes but is not limited to designs, drawings, specifications, tests, promotional materials, financial information, software, digital information, models, inventions, discoveries, trade secrets, patents, copyrights, trademarks, service marks, trade names, methods of manufacture, whether registered or unregistered.

  8. “Company” means the entity providing the training.


INTELLECTUAL PROPERTY

All Intellectual Property and material contained in, or connected with any Course are owned, or are under license by, Company and protected by United States and international laws. Enrollment in a Course does not grant a license or right to Customer to use of any of the Intellectual Property, contained in or connected with any Course. The Company owns all Intellectual Property contained in or connected with a Course, subject to certain Intellectual Property being under license. The Customer must not:

  • reproduce or use any of the material or Intellectual Property contained in, or in connection with, any Course;

  • provide any third party with access to any part of any Course; or

  • modify the material contained in or connected with a Course.

All content including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and all other content is a collective work under United States and other copyright laws and is the proprietary property of the Company; all rights reserved.

In summary, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute any material or Intellectual Property connected to a Course in any way except as expressly provided by these terms and conditions.

ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS

The Company will not tolerate infringement of its Intellectual Property rights, whether such infringement is inadvertent or otherwise. In the event that you do any of the prohibited acts as listed above or infringe upon the Company’s Intellectual Property in any other way, the Company may take any reasonable action to protect and enforce its Intellectual Property rights and you will reimburse the Company for any and all costs, expenses, and fees arising from or relating to any such action within thirty (30) days of your receipt of the Company’s request for reimbursement.

CONSENT TO USE OF CUSTOMER PHOTOS AND VIDEO IMAGERY

The Customer authorizes the Company to copyright and/or publish, reproduce or otherwise use Customer’s voice, likeness in video, photographs, and audio-visual recordings for both commercial and/or non-commercial purposes. The Customer authorizes editing, copying, exhibiting or publishing Customer’s voice, photographs, and audio-visual records for use individually or in conjunction with other media, including, without limitation, print and digital publications.

CHARGES AND PAYMENTS

The Customer shall pay any invoice submitted by the Company within 14 calendar days of the date of the invoice and in any event prior to the training taking place, by bank transfer or via any payment method stated as being accepted in the Online Registration, or via any other payment method agreed to in the Order Confirmation.

CANCELLATION

The Customer may cancel training by giving written notice to the Company. In the event of cancellation, the Company will issue a refund based on the following periods of notice given prior to commencement of the program:

  • Greater than 90 days: 100%

  • Less than 90 days but more than 30 days: 50% or full course rollover to future training

  • Less than 30 days: 0%

The Company may cancel the training for any reason. If the Company cancels the training, the Company will refund payments made by the Customer for the canceled training or apply payment to a future course at the discretion of Customer

LIMITATION OF LIABILITY.

The Company will conduct the Course in accordance with the description made in the Course description and will use reasonable endeavors to ensure that any Course provided is dispensed with reasonable skill and care and will follow practices consistent with the professional standards in the industry. The total liability of Company, on all claims of any kind, whether in contract, warranty, indemnity, tort (including negligence), strict liability, or otherwise, arising out of or related to the Agreement, or its performance or breach, shall not exceed the Course Price paid for the Course in respect of which the claim is made. In no event will Company be liable for punitive, exemplary, enhanced, or trebled damages.