Terms & Conditions

Current as of 12 June 2009

The following terms apply to:

1. enrolment in classes offered by IBM, and
2. orders for IBM's education materials.

These terms, along with any applicable license agreement, are the complete agreement between us regarding the courses or education materials we provide and any access to such courses or education materials, and replace any oral or written communications between us. Attendance at a class, your use of any education materials constitutes your agreement to these terms and conditions. Occasionally we have offerings with additional or different terms and conditions. If so, we will provide those terms and conditions to you. For example, conference terms and conditions are outlined in the conference registration section of the conference website or in the conference brochure for the event.

Courses & Education Materials

We list our generally available courses and education materials in the IBM Training Catalogue and Schedule which is published biannually. We may add or withdraw courses and education materials from general availability at any time without notice. Upon request, and if agreed by us, we may conduct courses or deliver education materials at your premises.

Scheduling classes

We will specify the dates of public classes. Private classes will be scheduled by mutual agreement. IBM Training reserves the right to cancel any course 10 business days out from the Monday of the week the course is running. If we cancel a course for which you have prepaid, we will refund the price you paid.

Quality Guarantee

Under these terms and conditions we provide the following warranties which are in addition to any rights you may have under the Trade Practices Act 1974 and which replace all other conditions and warranties that may otherwise be implied. We warrant that the information contained in the Schedule is true at the time it is published. We also warrant that we will employ people with the appropriate skills, as we determine, to teach the courses set out in the Schedule. Please note that the Schedule is subject to change as set out in the paragraph above. If you are not satisfied that a course you attend meets its published objectives, please notify us within one month of attending the course and we will give you a credit towards another course or refund the course fee paid by you in full. Otherwise, you are solely responsible for results achieved in using any materials or any course accessed by you or your Users.

Prices and payment for classes and materials

Prices for public classes will be those in effect on the date the class begins. Prices include the use of required education materials and machines. They do not include student travel and living expenses. IBM reserves the right to increase prices at any time without prior notification.

The prices listed in the Schedule are for information only and are subject to change without notice.

Prices for private classes will be established based on your requirements. Additional charges may apply such as instructor travel and living expenses facilities and remote lab support.

You agree to pay us either upon receipt of our invoice and according to any terms specified in that invoice or via cheque or credit card if you do not currently have an IBM account.

If any government imposes a Duty Tax (other than income tax or Fee on these Terms or Services that are not otherwise provided for in the amount payable), you agree to pay it when we invoice you.

Cancellation/Transfer By You of enrolment in a Public Class or Private Class

You may cancel/transfer your enrolment in a Public Class:

• At least 10 business days prior to the Monday of the week the class is running without penalty.
• Less than 10 business days prior to the Monday of the week the class is running, but you will be charged at least fifty percent (50%) of the current price.

If the class has started and you fail to attend the course on which you are enrolled, you will be charged for the full price of the course.

For a Private class cancellation either party may terminate the Training. If training is terminated more than 30 days before its schedule start date, you shall be obligated to pay IBM for any costs incurred by IBM prior to the effective date of termination, including travel and living expenses.

• If training is terminated less than 30 days before its schedule start date, you shall be obligated to pay IBM 50% of the training charges, plus any costs incurred by IBM prior to the effective date of termination, including travel and living expenses.
• If training is terminated on or after its scheduled start date, you shall be obligated to pay IBM 100% of the training charge, plus any costs incurred by IBM prior to the effective date of termination, including travel and living expenses.

Conference cancellation charges will be specified on the conference Web site or in the conference brochure for the event.

Note that all cancellations and transfers must be received in writing.

Patents and Copyrights

If a third party claims that the education materials we provide to you infringe that party's patent or copyright, we will defend you against that claim at our expense and pay all costs, damages and attorney's fees that a court finally awards, provided that you:

1. promptly notify us in writing of the claim; and
2. allow us to control and cooperate with us in the defence and related settlement negations.

If such a claim is made or appears likely to be made, you agree to permit us to enable you to continue to use the education materials, or to modify or replace them. If we determine that none of these alternatives is reasonably available, you agree to return the education materials to us on our written request. We will then give you an appropriate credit for the returned materials.

This is our entire obligation to you regarding any claim of infringement. We have no obligation regarding any claim based on your modification of education materials.

Limitation of Liability

Circumstances may arise where, because of a default on our part or other liability, you are entitled to recover damages from us.

In each such instance, except for the payments referred to in our patent and copyright terms described above, we are liable only for the charges for the class, or education material that is the subject of the claim.

Items For Which We Are Not Liable

Under no circumstances are we liable for any of the following:

• third-party claims against you for losses or damages (except as described above in the section entitles “Patents and Copyrights”).
• loss of, or damage to, your records or data: or
• special, incidental, or indirect damages or for any economic consequential damages (including lost profits or savings), even if we are informed of their possibility.

Where we are in breach of a condition or warranty implied by the Trade Practices Act 1974, our liability is limited to:

• where we supplied services - the cost of having the services supplied again; or
• where we supplied goods - the repair or replacement of the goods, or the supply of equivalent goods, and where such condition or warranty relates to right to sell, quiet possession or clear title, or the goods are of a kind ordinarily acquired for personal, domestic or household use or consumption, then none of the limitations in this clause apply.

License

Any machine readable education materials that we provide to you will be subject to the terms and conditions of a license agreement. We will inform you of the applicable agreement.

Changes to this Agreement

We may modify these terms and conditions on written notice. The modified terms and conditions will apply to your enrolment or order unless you cancel such enrolment or order prior to the effective date. Otherwise, for a change to be valid, both of us must sign it. Additional or different terms in any order or communication from you are void.

General

• Our obligations hereunder are conditional on your performance of your responsibilities under these terms and conditions.
• The courses and education materials listed in the Schedule are not offered as occupational training. They are available to individuals who pay or whose employer pays any applicable charges.
• You agree not to copy our copyrighted material without our prior written consent.
• You agree not to use recording equipment in our classes without our prior written consent.
• You agree not to use our trademarks, trade names, or other designations in any promotion or publication without our prior written consent. Any attempt to do so is void.
• You agree not to assign, or otherwise transfer your rights under this Agreement without our prior written consent. Any attempt to do so is void.
• Neither of us is responsible for failure to fulfil any obligations due to causes beyond either party's control.
• Neither of us will bring a legal action (under this Agreement) more than two years after the cause of action arose.
• Any terms of this Agreement, which by their nature extend beyond its termination, remain, in effect until fulfilled, and apply to respective successors and assignees.
• This Agreement is made under, and shall be interpreted in accordance with, the laws of the State or Territory in which you attend a particular class or receive education materials.