| IBM Ireland Limited Registered in Dublin : No. 16226 Registered Office: Oldbrook House, Dublin 4. |
| Agreement for Courses and Education Materials |
The following terms apply to
1) enrolment in classes offered by IBM, and
These terms, along with any applicable licence agreement, are the complete agreement between us regarding the courses or education materials we provide and replace any prior oral or written communications between us. Attendance at a class or your use of any education materials constitutes your agreement to these terms. Occasionally, we have offerings with additional or different terms. If so, we will provide those terms to you. For example, conference terms and conditions are outlined in the conference brochure available for each event.
| Courses and Education Materials |
We list our generally available courses and education materials in various IBM Catalogues of Education (Catalogue) which we publish from time to time. We may add or withdraw courses and education materials at any time without notice.
| Scheduling Classes |
We will specify the dates of public classes. By mutual agreement, classes may be scheduled specifically for a firm or an enterprise ("One Company Classes"). We may cancel any scheduled class on notice. If we cancel a class for which you have prepaid, we will refund the price you paid.
| Prices and Payment |
The prices listed in the Catalogue are subject to change. 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 VAT, other taxes, or student travel and living expenses. Prices for One Company 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 amounts due, including applicable taxes and any late payment fees, as we specify in the invoice.
| Cancellation by You |
You may cancel a One Company Class or your enrolment in a public class at any time prior to the scheduled start date of the class. For scheduled courses, if you fail to cancel prior to the start date, you will be responsible for the full price of the class. For scheduled courses if you cancel within 10 working days of the start date of the class, you will be responsible for the full price of the class. For One Company Class, we may charge actual costs incurred, including travel and living expenses, if you cancel a less than one month before the scheduled start date of the course. You will be responsible for the full price of the class if cancelled less than one month before the start date.
| 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 co-operate with us in, the defence and any related settlement negotiations.
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 amount of any other actual direct damages or loss, up to the greater of €12,697 or 125 percent of the class price. This limit also applies to any of our subcontractors. It is the maximum for which we are collectively responsible.
| Items for Which We are Not Liable |
Under no circumstances are we or our subcontractors liable for any of the following:
1. third-party claims against you for losses or damages (except as described above in the section entitled Patents and Copyrights);
2. loss of, or damage to, your records or data; or
3. special, incidental, or indirect damages or for any economic consequential damages (including lost profits or savings), even if we are informed of their possibility.
| Licence |
Any machine readable education materials that we provide to you will be subject to the terms of a licence agreement. We will inform you of the applicable agreement.
| Warranty |
THERE ARE NO EXPRESS WARRANTIES EXCEPT THOSE CONTAINED HEREIN OR IN ANY APPLICABLE LICENCE AGREEMENT. THERE ARE NO IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY AS TO RESULTS TO BE ATTAINED BY ATTENDING OUR CLASSES OR USING OUR EDUCATION MATERIALS.
Except as expressly provided in these terms and conditions, or Section 12 of the Sale of Goods Act 1893 as amended by the Sale of Goods and Supply of Services Act, 1980 (“the 1980 Act”), all conditions or warranties (express or implied, statutory or otherwise) are hereby excluded including, without limitation, any warranties implied by the Sale of Goods Act 1893 as amended by the 1980 Act (including, for the avoidance of doubt, Section 39 of the 1980 Act).
Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
| Changes to this Agreement |
We may modify these terms on written notice. The modified terms 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 |
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.
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 fulfill any obligations due to causes beyond its 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.
The laws of the Republic of Ireland govern this Agreement and both of us agree to submit all disputes relating to this Agreement to the exclusive jurisdiction of the Irish Courts.
