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Trinity Management Consultants - A CMMI Institute Partner
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Worldwide Providers of CMMI Consultancy, CMMI Training and CMMI Appraisal Services.

 

Purchase Agreements                                                              Purchase Agreement

 

1. Interpretation
Below are two separate sets of Terms and Conditions. Only one set applies to each purchase you make. To determine which terms apply to your purchase check the following definitions:

Retail Purchase Terms and Conditions
This agreement applies to all purchases of physical goods and electronic copies, online training via Trinity Management Consultants Limited’s E-Learning Portal and any other products not included in the Agreements below.

Course Booking Terms and Conditions
This agreement applies to the purchase of places on our instructor led training events. For the avoidance of doubt this agreement excludes online training via Trinity Management Consultants Limited’s E-Learning Portal.
If you need assistance in deciding which Agreement is relevant to you please contact Trinity Management Consultants Limited on +44 (0) 1733 222 814 or at enquiry@trinity-cmmi.co.uk.

Retail Purchase Agreement
1.      Introduction
1.1.   This Retail Purchase Agreement is between you, the Customer, and Trinity Management Consultants Limited.
1.2.   By entering into this Retail Purchase Agreement, you agree to be legally bound by these terms and conditions (unless you have made special arrangements directly with us).
1.3.   No variation may be made to these terms and conditions without Trinity Management Consultants Limited’s written consent.

2.      Definitions
2.1.   Within this Retail Purchase Agreement, each of these words shall have the following meanings:
        “Agreement” means any agreement made between Trinity Management Consultants Limited and the Customer where in consideration of the payment by the Customer to
        Trinity Management Consultants Limited, Trinity Management Consultants Limited shall provide the Services.
        “Customer” means the company, firm, corporation, person or delegate who attends or has purchased the product or service.
        “Intellectual Property Rights” means any all intellectual property rights (including, without limitation, all copyright, database rights, rights in designs, rights in know-how,
        patents and rights in inventions (in all cases whether registered or unregistered and including all rights to apply for registration) and all other intellectual or industrial property
        rights in any jurisdiction);
        “Trinity Management Consultants Limited” means Trinity Management Consultants Limited (Company number 4662057) whose registered office is 34 Fountains Place,
        Peterborough, PE6 7XP, England;
        “Website” means the website with the URL http:\\www.trinity-cmmi.co.uk or any other website specified by Trinity Management Consultants Limited from time to time.

3      General
3.1   This Retail Purchase constitutes the entire agreement between you and Trinity Management Consultants Limited in relation to the purchase of products and services and
        supersedes any representations, communications and prior agreements (whether oral or written) related to the its subject matter other than fraudulent misrepresentation.
3.2    No agreement exists between Trinity Management Consultants Limited and you until we have received and accepted your order and sent confirmation in writing to you. Once
         we have sent confirmation there is a binding legal agreement between the you and Trinity Management Consultants Limited.
3.3    Trinity Management Consultants Limited may assign, sub-contract or otherwise deal with our rights or obligations under this Agreement without giving you any notice
        beforehand. You may not assign, sub-contract, sell or transfer your rights or obligations under this Agreement.
3.4    Any notice or communication required to be sent pursuant to these terms and conditions should be sent to Trinity Management Consultants Limited at
        enquiry@trinity-cmmi.co.uk.
3.5   Although we take every care to ensure accuracy, we make no warranties as to the accuracy of the information we place on our web pages.
3.6   Any failure by Trinity Management Consultants Limited to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or
        provision. If any provision of these conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to
        give effect to the parties' intentions as reflected in the provision and that other provisions remain in full force and effect.
3.7   If for any reason any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and
        enforceability of the remaining provisions of these terms and conditions shall not be affected.
3.8   We reserve the right to terminate any contract formed under these terms and conditions immediately by written notice and to take action to recover damages suffered by
        us if you breach any of these provisions.
3.9   Any reference in this document to “writing” or "written" or related expressions includes a reference to cable, facsimile transmission, e-mail or comparable means
        of communication.
3.10  In the event that you are not satisfied with any aspect of our services, please contact us immediately on +44 (0) 1733 222 814 or at enquiry@trinity-cmmi.co.uk.

4      Your order
4.1   We will do our best to fulfil your order but cannot guarantee to do so. Any delivery dates are only estimates. No order is accepted by us until confirmed by us (either by supply
        or otherwise).

5      Price and Tax information
5.1   Prices are as stated from time to time on this Website and are subject to change without notice. Any post and packing charges are also indicated separately on the invoice
        you will receive.
5.2   Trinity Management Consultants Limited is registered for VAT. Our VAT number is GB 812418651. Unless otherwise indicated, prices stated on our website are exclusive of
        any applicable Value Added Tax or other sales tax. The breakdown of any applicable VAT payable with your order is indicated on the invoice you will receive on supply/with
        the goods.
5.3   United Kingdom Customers
        VAT (Value Added Tax) at the prevailing rate in the UK will be charged where applicable. A breakdown of any VAT charged will be shown on the paper VAT invoice.
5.4   European Union Customers
        For customers throughout the European Union, VAT, where it is legally appropriate for us to do so, will be applied to your order and will appear on the paper invoice. VAT will
        be payable at the applicable rate and may vary from country to country.
        If you are registered for VAT within the EU and do not wish to pay the tax on eligible products you will not be able to use our online ordering systems. Please contact
        Trinity Management Consultants Limited on +44 (0)1733 222 814 to place your order.
        List of EU territories
        Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta,
        Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom and such other countries as may be added from time to time.
5.5   Other Customers
        For territories outside the European Union, VAT or other sales taxes may be charged where it is legally appropriate for us to do so.
5.6   Customs
        When ordering goods for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional
        charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from
        country to country, so you should contact your local customs office for further information. Please be aware that you must comply with all laws and regulations of the country
        in which you are receiving the goods.

6      Payment
6.1   All credit/charge card payments are subject to authorisation by the card issuer. If your payment is not authorised, your order will not be processed (and we will notify you of
        the same) and, in the case of goods, you must return them to us (if you have already received them) at your own expense. Goods remain our property until you have paid
        for them. In the case of online resources and electronically delivered products or services, see clause 10 below.

7      Title and Risk – Physical Goods
7.1   If your order is for delivery outside the UK and the Republic of Ireland, you are solely responsible for the goods from the time they leave our premises and for the importation
        of those goods into the country of delivery (including arranging for any necessary legal consents and payment of duties or taxes), and we accept no responsibility for any
        claims arising from such importation.
7.2   If your order is for delivery inside the UK and the Republic of Ireland, the risk of loss and/or damage (but not title) to goods supplied by us shall pass to you when they
        are delivered to you or your nominee and we shall not be liable for the safety of the goods thereafter.
7.3   Ownership of all goods shall remain vested in us (and we reserve the right to dispose of the goods) until we have received payment in full of all debts you owe to us.

8      Paperback and Hardback versions of books
8.1   We reserve the right to provide a paperback version where no hardback is available, and in this event will charge the paperback price.
8.2   If a paperback version is ordered, but is not available, we may choose to supply the hardback version to you at the paperback price.

9      Cancellation and Returns
9.1   If for any reason you are not satisfied with your purchase, you may have a right to cancel your contract. By law, customers in the European Union have the right to withdraw
        from the purchase of a physical item within seven working days of the day after the date the item is delivered. In the case of physical product, simply return it to us in its
        original condition within 42 days from the date of purchase (or for EU customers, within seven working days from delivery if that is later) and, at your option, we will issue a
        full refund for the price of the item or supply you with a new one. If the return is the result of our error (including faulty or damaged goods), we will also refund the postage
        (where applicable). Please enclose either (i) a copy of the paper invoice enclosed with the delivery, or (ii) a print of the online digital receipt. The package should be securely
        wrapped and sent to: Trinity Management Consultants Limited, 34 Fountains Place, Peterborough, PE6 7XP, United Kingdom. We will not be responsible for any damage
        or loss in transit and recommend that you use a recorded delivery service.
9.2   In the case of CDs, DVDs, videos and any other audio, video, multimedia or software products sold in hard copy form, your right to cancel and return the goods as set out
        above only applies where such products are unopened and the seal on the goods remains unbroken. We can only accept the return of opened items if they are faulty.
9.3   In the case of other digital or electronic product or services, please see clause 9 below.

10     Electronic Products, Online Resources and Downloads
10.1  Online resources or digital files for download or similar services will only be made available to you once your payment has been authorised. No contract of any kind
        between you and us is formed unless and until you make payment for such products or services.
10.2  You acknowledge that such items may include security technology which ensures that they may only be used in accordance with the applicable licence rights. Please refer
        to the product’s or services‟ specific terms of supply.
10.3  You may not cancel any purchase of a download after your payment has been confirmed and may only return a download if it is defective. If you are unable to complete the download process or wish us to provide a replacement for a file that is defective please contact our helpdesk and, where this is due to our default, we will replace the download.
10.4  The following terms apply to software and other electronic products ordered through our Website unless otherwise specified in the individual terms of supply:
10.5  You May:
10.5.1   Use (load into temporary memory or permanent storage) a single copy of the product on only one computer at a time. If this computer is linked to a network then the
            product may only be installed in a manner such that it is not accessible to other machines on the network,
10.5.2   Transfer the product from one computer to another provided that you only use it on one computer at a time unless you have purchased an e-book product which has a
            license limited for use on a single computer.
10.6  You May Not:
10.6.1   Re-sell, rent or lease the product or any part of it,
10.6.2   Copy any part of the product, except where specifically indicated otherwise or for back-up purposes,
10.6.3   Reverse engineer, decompile or disassemble the product or convert it into any other format or medium,
10.6.4   Use the product on more than one computer at a time.

11     Intellectual Property Rights
11.1  All Intellectual Property Rights vesting in the Web Site or Service belong absolutely to Trinity Management Consultants Limited.
11.2  All software supplied to you through this Website is our property or that of our affiliates or of third parties who have granted us rights and is protected by United Kingdom
        and international copyright laws. You will only own any disk on which the software is supplied.
11.3  You are not permitted to remove or amend any trade mark, copyright or other proprietary notice on any of our products. You acknowledge that all rights in and to any and
        all copyrights, know-how and other intellectual property rights relating to our products and Services are and shall remain our property. You will not at any time do, or cause to
        be done, any act or thing which impairs or infringes those rights.

12       Limitation of Liability
12.1    The provisions of this Clause 11, set out the entire financial liability of Trinity Management Consultants Limited (including any liability for the acts or omissions of its
          employees, agents and sub-contractors) to you in respect of:
12.1.1 any breach of this Retail Purchase Agreement by Trinity Management Consultants Limited;
12.1.2 any representation, statement or tortious act or omission including negligence arising under or in connection with this Retail Purchase Agreement.
12.2    All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Retail Purchase Agreement.
12.3    Trinity Management Consultants Limited total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising
          in connection with this Retail Purchase Agreement, shall be limited to the value of the goods or services ordered by you in the relevant transaction.
12.4    Trinity Management Consultants Limited shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure
          economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses) howsoever caused.
12.5    Nothing in these conditions excludes or limits the liability of Trinity Management Consultants Limited:
12.5.1 for death or personal injury caused by Trinity Management Consultants Limited’s negligence;
12.5.2 for any matter which it would be illegal for Trinity Management Consultants Limited to exclude or attempt to exclude its liability;
12.5.3 for fraud or fraudulent misrepresentation.
12.6    Trinity Management Consultants Limited will not be liable to you for any breach of any of its obligations under this Retail Purchase Agreement, where the breach is caused
           by a „force majeure‟ event which term shall include, but is not limited to, acts of God, insurrection or civil disorder, war or military operations, national or local emergency, acts
           or omissions of local or central government, highway authority or other competent authority, industrial disputes of any kind (whether including us or not), fire, lightning,
           explosion, flood, subsidence, inclement weather, unavailability of third party telecommunications networks or any other cause beyond its reasonable control.

13        Personal Data
13.1     Trinity Management Consultants Limited is registered as a Data Controller with the Information Commissioner's Office and will comply with its obligations under the
           Data Protection Act 1998 and any other applicable data protection legislation.
13.2     By registering for the Service certain information or data about you will be captured electronically or otherwise. You consent to Trinity Management Consultants Limited using,
           storing, and processing such information or data for the purposes of providing its services or marketing any other services to you.
13.3     Except as set out above or as required by law, we will only use your personal information in accordance with our privacy policy, a copy of which can be viewed on the Website
           under Copyright and Usage.
13.4    Trinity Management Consultants Limited may use the data you provide for the purposes of financial control and debt recovery through outside agencies.

14        Indemnity
14.1     You agree to indemnify Trinity Management Consultants Limited against all costs, claims, losses and expenses (including indirect and consequential losses) howsoever
           arising, from any claim brought against Trinity Management Consultants Limited by any third party relating to any breach by you of your obligations under this Retail
           Purchase Agreement.

15        Jurisdiction
15.1     This Agreement and all contracts under these terms and conditions are governed by and shall be construed in accordance with the laws of England and you irrevocably
           submit to the exclusive jurisdiction of the English Courts.

Course Booking Agreement
1         Introduction
1.1      This Course Booking Agreement is between you, the Customer, and Trinity Management Consultants Limited.
1.2      By entering into this Course Booking Agreement, you agree to be legally bound by these terms and conditions (unless you have made special arrangements directly with us).
1.3      No variation may be made to these terms and conditions without Trinity Management Consultants Limited’s written consent.

2         Definitions
2.1      Within this Course Booking Agreement, each of these words shall have the following meanings:
          “Agreement” means any agreement made between Trinity Management Consultants Limited and the Customer where in consideration of the payment of the Fees by the
           Customer to Trinity Management Consultants Limited, Trinity Management Consultants Limited shall provide the Services.
           “Consumer” means a natural person acting outside his trade, business or profession.
           “Customer” means the company, firm, corporation, person or delegate who attends or has booked or purchased the Services.
           “Fees” means the agreed consideration to be paid by the Customer to Trinity Management Consultants Limited as detailed in the Agreement. The Fees include training,
           course materials, any lunch and refreshments during the day and where stated overnight accommodation and meals.
           “Intellectual Property Rights” means any all intellectual property rights (including, without limitation, all copyright, database rights, rights in designs, rights in know-how,
           patents and rights in inventions (in all cases whether registered or unregistered and including all rights to apply for registration) and all other intellectual or industrial
           property rights in any jurisdiction);
           “Services” means any course, seminar, tutorial, training or related product or Services provided by Trinity Management Consultants Limited or any of its affiliated companies.
           “Trinity Management Consultants Limited” means Trinity Management Consultants Limited (Company number 4662057) whose registered office is 34 Fountains Place,
           Peterborough, PE6 7XP, England;
           “Website” means the website with the URL http:\\www.trinity-cmmi.co.uk or any other website specified by Trinity Management Consultants Limited from time to time.
           “Working day” means any day other than weekends and UK bank or other public holidays.

3         General
3.1      This Course Booking constitutes the entire agreement between you and Trinity Management Consultants Limited in relation to the provision of the Service and supersedes
           any representations, communications and prior agreements (whether oral or written) related to the its subject matter other than fraudulent misrepresentation.
3.2      No agreement exists between Trinity Management Consultants Limited and you until we have received and accepted your order and sent you confirmation in writing. Once
           we have sent confirmation there is a binding legal agreement between you and Trinity Management Consultants Limited.
3.3      Trinity Management Consultants Limited may assign, sub-contract or otherwise deal with our rights or obligations under this Agreement without giving you any notice
           beforehand. You may not assign, sub-contract, sell or transfer your rights or obligations under this Agreement.
3.4      Any notice or communication required to be sent pursuant to these terms and conditions should be sent to Trinity Management Consultants Limited at
           enquiry@trinity-cmmi.co.uk.
3.5      Although we take every care to ensure accuracy, we make no warranties as to the accuracy of the information we place on our web pages.
3.6      Any failure by Trinity Management Consultants Limited to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right
           or provision. If any provision of these conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to
           give effect to the parties' intentions as reflected in the provision and that other provisions remain in full force and effect.
3.7       If for any reason any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and
           enforceability of the remaining provisions of these terms and conditions shall not be affected.
3.8       Any reference in this document to “writing” or "written" or related expressions includes a reference to cable, facsimile transmission, e-mail or comparable means of
           communication.
3.9       We reserve the right to terminate any contract formed under these terms and conditions immediately by written notice and to take action to recover damages suffered by us
           if you breach any of these provisions.
3.10    Travel and accommodation is your responsibility and unless otherwise stated is not included in the price of the Services. If required, Trinity Management Consultants
           Limited may supply information on local hotels and travel at our discretion and without any responsibility to you who must make your own decision as to the suitability of
           any particular recommendation.
3.11    Where the course is Residential accommodation and meals will be arranged for you and included in the price of the Services.
3.12    In the event that you are not satisfied with any aspect of our services, please contact us immediately on +44 (0) 1733 222 814 or at enquiry@trinity-cmmi.co.uk.

4          Provision of the Services
4.1       It is our policy to monitor constantly the Services offered as well as the performance and content of the Services. Every care has been taken to ensure the accuracy of,
           and verify the content of the information given in providing the Services to you. However the you acknowledge that changes will occur after the Services have been designed
           or devised or after publication of materials used by us, our affiliates and subcontractors in the provision of the Services and Trinity Management Consultants Limited make
           no warranty, expressed or implied, as to the suitability of any Services for you and you agree that they purchase the Services on this basis.
4.2      We may at any time and without giving you prior notification make any changes to the Services that are necessary to comply with any applicable safety or other statutory
           requirements, or make any changes to the Services that do not materially affect the nature or quality of the Services. In such circumstances, we reserve the right reasonably
           to revise the Fees in the light of such changes.

5         Price and Tax information
5.1      Prices are as stated from time to time on this Website and are subject to change without notice.
5.2      Trinity Management Consultants Limited is registered for VAT. Our VAT number is GB 812418651. Unless otherwise indicated, prices stated on our website are exclusive of
           any applicable Value Added Tax or other sales tax. The breakdown of any applicable VAT payable with your order is indicated on the invoice you will receive on
           supply/with the goods.
5.3      United Kingdom Customers
           VAT (Value Added Tax) at the prevailing rate in the UK will be charged where applicable. A breakdown of any VAT charged will be shown on the paper VAT invoice.
5.4      European Union Customers
           For customers throughout the European Union ,VAT, where it is legally appropriate for us to do so, will be applied to your order and will appear on the paper invoice. VAT
           will be payable at the applicable rate and may vary from country to country.
           If you are registered for VAT within the EU and do not wish to pay the tax on eligible products you will not be able to use our online ordering systems. Please contact Trinity
           Management Consultants Limited on +44 (0)1733 222 814 to place your order.
           List of EU territories
           Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta,
           Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom and such other countries as may be added from time to time.
5.5      Other Customers
           For territories outside the European Union, VAT or other sales taxes may be charged where it is legally appropriate for us to do so.

6         Payment
6.1      All credit/charge card payments are subject to authorisation by the card issuer. If your payment is not authorised, your order will not be processed (and we will notify you
           of the same) and, in the case of goods, you must return them to us (if you have already received them) at your own expense. Goods remain our property until you have paid
           for them.

7          Cancellation and Refunds
7.1       You may cancel the contract at any time by providing Trinity Management Consultants Limited with written notice.
7.2       Once you have notified Trinity Management Consultants Limited that you are cancelling the contract, Trinity Management Consultants Limited will refund or re-credit you
           within 30 days for any sum that you have paid for the Services less the following cancellation fees:
           a) More than twenty working days prior to the performance of the Services; £100.00p
           b) Ten to twenty working days prior to the performance of the Services; 50% of original Fees
           c) Less than ten working days prior to the performance of the Services; 100% of original Fees
7.3      Where the you are a consumer the contract is subject to your right of cancellation under the Consumer Protection (Distance Selling) Regulations 2000 as follows:
7.3.1    You have the right to cancel the contract at any time up to the end of seven working days after the day upon which this contract is made under clause 3.2.
7.3.2    if the Services are to be provided within seven working days of the contract being made under clause 3.2 you agree that the your right to cancel ends at the time the
           performance of the Service starts.
7.3.3    after seven days the cancellation fees set out in clause 8.2 will apply.
7.4       In the unlikely event that Trinity Management Consultants Limited cancels a course we will refund in full all monies paid to us and / or offer a place at a similar future course.
7.5       Trinity Management Consultants Limited will not be held liable for any other costs which you might incur by the cancellation of the Service.

8          Intellectual Property Rights
8.1       You acknowledge that all rights in and to any and all copyrights, know-how and other intellectual property rights relating all intellectual property rights in any materials
           related to or used on the Website or in the provision of the Services or any part thereof, irrespective of the medium in or on which such objects are held, belong absolutely
           to Trinity Management Consultants Limited and shall remain our property.
8.2       You acknowledge that the Services being purchased are for personal development purposes only and will not be used in any way whatsoever for the research or development
           of any similar service or product in competition with Trinity Management Consultants Limited or our affiliates without our written consent.
8.3       You acknowledge that any reconstruction, reproduction, recording or copy thereof will be an infringement of Trinity Management Consultants Limited’s rights and that you:
8.3.1    may not authorise any dissemination, publication disclosure or other use of any such materials without our written consent.
8.3.2    will not at any time do, or cause to be done, any act or thing which impairs or infringes those rights
8.3.3    are not permitted to remove or amend any trade mark, copyright or other proprietary notice on any of our products.
8.4       You further acknowledge that due to the importance of such materials to our business a claim by Trinity Management Consultants Limited (or by our affiliates or third
           parties who have granted us rights) for damages may not adequately protect our legitimate interests and you hereby acknowledge and agree that Trinity Management
           Consultants Limited (or our affiliates or third parties who have granted us rights) shall be entitled to seek injunctive relief to prevent infringement of our rights in
           appropriate circumstances.

9         Limitation of Liability
9.1       All information provided by Trinity Management Consultants Limited, its affiliates and subcontractors is given in best faith and we will not be held responsible for actions
           taken by the Client, or any other individual or organisation as a result of the information provided during or after provision of the Services by us.
9.2      The provisions of this Clause 10, set out the entire financial liability of Trinity Management Consultants Limited (including any liability for the acts or omissions of its
           employees, agents and sub-contractors) to you in respect of:
9.2.1    any breach of this Course Booking Agreement by Trinity Management Consultants Limited;
9.2.2    any person acting, omitting to act or refraining from acting in reliance upon any course material or course presentation;
9.2.3    any representation, statement or tortious act or omission including negligence arising under or in connection with this Course Booking Agreement.
9.3      All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Course Booking Agreement.
9.4      Trinity Management Consultants Limited warrants to the Client that the Services will be provided using reasonable skill and care. However without prejudice to the other
           terms of this Agreement Trinity Management Consultants Limited exclude to the extent allowed by law all other liability for any direct, indirect or consequential loss (all three
           of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses)
           howsoever caused.
9.5      Nothing in these conditions excludes or limits the liability of Trinity Management Consultants Limited:
9.5.1   for death or personal injury caused by Trinity Management Consultants Limited’s negligence;
9.5.2   for any matter which it would be illegal for Trinity Management Consultants Limited to exclude or attempt to exclude its liability;
9.5.3   for fraud or fraudulent misrepresentation.
9.6      Trinity Management Consultants Limited will not be liable to you for any breach of any of its obligations under this Retail Purchase Agreement, where the breach is caused by
           a „force majeure‟ event which term shall include, but is not limited to, acts of God, insurrection or civil disorder, war or military operations, national or local emergency, acts
           or omissions of local or central government, highway authority or other competent authority, industrial disputes of any kind (whether including us or not), fire, lightning,
           explosion, flood, subsidence, inclement weather, unavailability of third party telecommunications networks or any other cause beyond its reasonable control.
9.7       Trinity Management Consultants Limited’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising
           in connection with this Course Booking Agreement, shall be limited to the value Fees payable to Trinity Management Consultants Limited under this agreement.

10        Personal Data
10.1     Trinity Management Consultants Limited is registered as a Data Controller with the Information Commissioner's Office and will comply with its obligations under the
           Data Protection Act 1998 and any other applicable data protection legislation.
10.2     By registering for the Service certain information or data about you will be captured electronically or otherwise. You consent to Trinity Management Consultants Limited
           using, storing, and processing such information or data for the purposes of providing the Services or marketing any other services to you.
10.3    Except as set out above or as required by law, we will only use your personal information in accordance with our privacy policy, a copy of which can be viewed on the
           Website under Copyright and Usage.
10.4    Trinity Management Consultants Limited may use the data you provide for the purposes of financial control and debt recovery through outside agencies.

11        Non Solicitation
11.1     You agree not within 12 months after the last date of the provision of Services to the you by Trinity Management Consultants Limited, whether under this or any other
           agreement, to induce any employee or contractor of Trinity Management Consultants Limited or its affiliates involved in the provision of the Services to you to leave his
           employment, or terminate or breach his or its contract for Services with Trinity Management Consultants Limited as the case may be nor to appoint, engage or employ for
           the purposes of providing Services in competition with Trinity Management Consultants Limited. If you breach this clause 11, you agree to be liable to pay Trinity
           Management Consultants Limited Limited or its affiliates by way of liquidated damages and a genuine pre-estimate of our loss a sum representing 50% of the employee’s
           annual salary (excluding benefits) or 100% of the fees paid to the contractor in the previous 12 months (as the case may be).

12        Indemnity
12.1     You agree to indemnify Trinity Management Consultants Limited against all costs, claims, losses and expenses (including indirect and consequential losses) howsoever
           arising, from any claim brought against Trinity Management Consultants Limited by any third party relating to any breach by you of your obligations under this Retail
           Purchase Agreement.

13        Jurisdiction
13.1     This Agreement and all contracts under these terms and conditions are governed by and shall be construed in accordance with the laws of England and you irrevocably
           submit to the exclusive jurisdiction of the English Courts.