Terms and conditions - Google Analytics training courses

The following sets out the terms and conditions for our Google Analytics Training (the ‘Conditions’). By proceeding to purchase the Google Analytics Training you agree to these Conditions, which commit you to attendance or a cancellation fee. Please therefore read them carefully before proceeding to purchase. If you do not agree to these Conditions, please discontinue the purchasing process.

The term ‘Search Laboratory’, ‘SLL’, ‘us’ or ‘we’ refers to the Google Analytics Training provider whose registered office is BlokHaus, West Park Ring Road, Leeds, LS16 6QG, UK. Our company registration number is 5608449. The term ‘you’ refers to you, the person or entity who purchases the Google Analytics Training from us.

 

1. Interpretation

The following definitions and rules of interpretation apply in these Conditions.

1.1          Definitions

Booking:  your booking for the Google Analytics Training submitted via the online sign up form on SLL’s Website.

Contract:  the contract between SLL and you for the supply of Google Analytics Training in accordance with these Conditions.

Delegate:  the individual who attends the Google Analytics Training, which may be you, or your employee, if you are an employer.

IPR:  patents, rights to inventions, copyright and related rights, moral rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Google Analytics Training:  the training, supplied by SLL to you, which trains the Delegate on the use of Google’s ‘Google Analytics’ tool, summary details of which are provided on SLL’s Website, subject always to clauses 2.3 and 3.2.

SLL’s Website:  searchlaboratory.com.

Training Materials:  any and all materials supplied to you by SLL during the Google Analytics Training.

Working Days:  a day that is not a Saturday or Sunday, Christmas Day, Good Friday or any day that is a bank holiday in the UK.

 

2. Our Contract

2.1          Your Booking is regarding as confirmed, and this Contract formed, when the Booking is made by you.

2.2          Any descriptive matter or advertising issued by SLL, and any descriptions or illustrations contained in SLL’s literature, are issued or published for the sole purpose of giving an approximate idea of the Google Analytics Training described in them. They shall not form part of the Contract or have any contractual force.

2.3          These Conditions apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

 

3. Supply of Google Analytics Training

3.1          SLL warrants to you that the Google Analytics Training will be provided using reasonable care and skill.

3.2          SLL reserves the right to amend the Google Analytics Training if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Google Analytics Training.

3.3          SLL reserves the right to refuse the admission to its premises to any person who we consider in our absolute discretion to be unsuitable for admission onto the training premises or to remove any such person after the commence of the training.

 

4. Your obligations

4.1          You and the Delegate(s) shall:

4.1.1      co-operate with the SLL in all matters relating to the Google Analytics Training;

4.1.2      ensure that the Delegate(s) meets the prerequisites of the Google Analytics Training, and that the training contents meets your requirements;

4.1.3      ensure that a laptop is brought to the Google Analytics Training by each Delegate; and

4.1.4      comply with all applicable laws, including health and safety laws at SLL’s premises.

4.2          If SLL’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation, SLL shall have the right to suspend performance of the Google Analytics Training until such default is remedied and SLL shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from SLL’s failure or delay to perform any of its obligations in such circumstances.

 

5. Payment

5.1          The price payable for the Google Analytics Training will be the price stated on SLL’s Website unless otherwise stated.

5.2          SLL reserves the right to increase the price advertised on SLL’s Website or in other forms at its discretion and for any reason prior to the training commencement. Where this affects the price payable by you and you have made payment of the previously advertised price, and do not wish to proceed at the increase price, a full refund will be payable.

5.3          SLL shall invoice you approximately 30 days before the date of the training, unless otherwise agreed. Invoices are payable on presentation and time for payment shall be of the essence.

5.4          Save for the on-site lunch which is provided, the price does not include travel, accommodation, meals and/or any other related expenses.

5.5          All prices are exclusive of Value Added Tax, (and any other applicable taxes), which shall be payable in addition at the rate and in the manner prescribed by law.

5.6          If you fail to make the payment due to SLL in accordance with these terms then SLL may in its complete discretion terminate the Contract and not deliver the Google Analytics Training.

 

6. Cancellation of Google Analytics Training

6.1          You may cancel the Google Analytics Training by notifying SLL in writing as soon as reasonably practicable prior to the training.  You shall also be deemed to have cancelled the course booking if the Delegate does not attend the Google Analytics Training.

6.2          Subject to clause 6.3, if you cancel the Google Analytics Training in accordance with clause 6.1, you shall be liable to pay a cancellation fee as follows:

Number of days’ notice prior to the training date Proportion of fee payable
0-14 days (inclusive) 100%
15-30 days (inclusive) 50%
Over 30 days No charge

 

6.3          In the event that the Delegate is unable to attend the course booked SLL will endeavour to transfer the Delegate to an alternative training session. If, despite SLL’s endeavours, we are unable to transfer the Delegate to an alternative training session, then the cancellation fee above shall be payable. Where a Delegate transfers his/her booking to another training session, the Delegate will not be entitled to any refund where he/she cancels attendance at that other training session and you shall be liable to pay the full price of the Google Analytics Training. Only one transfer is permitted per course per Delegate.

6.4          SLL reserves the right to cancel or arrange an alternative date for the Google Analytics Training at any time, without incurring any liability to you or any Delegate. In the event of the course being cancelled by SLL, a full refund will be made unless the Delegate transfers his or her booking to an alternative training session. For all bookings, the liability of SLL shall be limited to the amount of the fee actually paid to SLL by you. For this reason Delegates are encouraged to not to book travel or accommodation more than two weeks prior to any course date.

 

7. Intellectual Property Rights

7.1          All IPR in or arising out of or in connection with the Google Analytics Training (other than IPR in any materials provided by you), including in the Training Materials, shall be owned by SLL.

7.2          You undertake (and you undertake to procure that your employees or any Delegate so undertake):

7.2.1      not to copy the Training Materials except where such copying is incidental or necessary for the purposes of completing the Google Analytics Training;

7.2.2      not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Training Materials;

7.2.3      not to alter, or modify, the whole or any part of the Training Materials, nor permit the Training Materials or any part of them to be combined with, or become incorporated into, any other materials; and

7.2.4      not to provide or otherwise make available the Training Materials in whole or in part, in any form to any person without prior written consent from SLL.

 

8. Data Protection

8.1          SLL’s policy with respect to data protection is detailed in its Privacy Notice which should be read in conjunction with these Conditions.

 

9. Limitation of Liability

9.1          Nothing in this Contract limits any liability which cannot legally be limited, including liability for:

9.1.1      death or personal injury caused by negligence;

9.1.2      fraud or fraudulent misrepresentation; and

9.1.3      breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

9.2          Subject to clause 9.1, SLL’s total liability to you shall not exceed £500. SLL’s total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract.

9.3          Subject to clause 9.2, the following types of loss are wholly excluded by the parties:

9.3.1      Loss of profits.

9.3.2      Loss of sales or business.

9.3.3      Loss of agreements or contracts.

9.3.4      Loss of anticipated savings.

9.3.5      Loss of use or corruption of software, data or information.

9.3.6      Loss of or damage to goodwill.

9.3.7      Indirect or consequential loss.

9.4          The terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

9.5          This clause 9 shall survive termination of the Contract

 

10. Confidentiality

10.1        Each party undertakes that it shall not at any time, and for a period of five years after termination of the Contract, disclose to any person any confidential information concerning the business, affairs, customers, clients or services of the other party, except as permitted by clause 10.2.

10.2        Each party may disclose the other party’s confidential information:

10.2.1    to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under the Contract. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 10; and

10.2.2    as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

10.3        Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the Contract.

 

11. General

11.1        We will not be in breach of the Contract nor liable for delay in performing, or failure to perform, any of our obligations under the Contract if such delay or failure results from events, circumstances or causes beyond our reasonable control.

11.2        The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Contract.

11.3        Except as set out in these Conditions, no variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

11.4        If any provision of the Contract is held for any reason to be ineffective or unenforceable, this shall not affect the validity or enforceability of any other provision of the Contract or the Contract as a whole. If any provision of the Contract is so found to be ineffective or unenforceable but would be effective or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it effective and enforceable.

11.5        The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.

11.6        Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.