ener8 Academy Terms and Conditions (“Agreement”)

 

All training courses (COURSE(S)) are provided by HONG KONG ENER8 LIMITED TAIWAN BRANCH, hereafter called “ENER8”, to the “CLIENT”.

These are the terms and conditions (TERMS & CONDITIONS) for COURSES booked at our training center by CLIENT.

Delivery by ENER8 of COURSES is expressly conditioned on CLIENT’s consent to these TERMS & CONDITIONS. Any additional or different terms proposed by CLIENT are expressly objected to and will not be binding upon ENER8 unless specifically accepted to in writing by ENER8’s authorized representative.

 

HOW TO BOOK A COURSE AT OUR TRAINING CENTER

All COURSE bookings at our training center must be made online or via email to info@ener8.com. Spaces are often limited for ENER8 COURSES and will be allocated on a ‘first come first served’ basis. You are strongly advised to book early to secure a place.

Upon booking a COURSE, CLIENT should inform ENER8 in writing the name of the attendee, hereafter called “ATTENDEE(S)”.  An ATTENDEE is the person nominated by the CLIENT to attend the COURSE.

An ATTENDEE is either the CLIENT, or an employee of the CLIENT. CLIENT may request that attendance to a COURSE be allowed also to contractors or suppliers of CLIENT, but ENER8  reserves the right to accept or reject such request in its sole discretion.

 

HOW THE AGREEMENT IS FORMED BETWEEN CLIENT AND ENER8

Upon booking of a COURSE and receipt of our invoice it is confirmation that CLIENT has accepted these TERMS & CONDITIONS and the AGREEMENT is now formed between CLIENT and ENER8. You will receive an email with joining instructions to confirm your COURSE booking.

 

FEES AND PAYMENT

Payment must be received by ENER8 in advance of the COURSE. Our payment terms are 2 weeks from the date of invoice or prior to COURSE date, whichever is sooner.

If you have any doubt as to whether the COURSE is going ahead or whether your booking and payment have been received by ENER8 in full, contact us at info@ener8.com.

 

ATTENDANCE AT THE COURSE

Full payment must be received prior to the COURSE taking place. ATTENDEE will not be admitted to the COURSE unless full payment has been received by ENER8.

ATTENDEE should use the materials and equipment made available for the COURSE with the utmost care and diligence, comply with the rules of conduct on the training premises, in particular with health, safety and accident prevention regulations, and follow any reasonable instructions of ENER8.

ATTENDEE should also refrain from making video and audio recordings and from taking pictures on training premises.

ENER8 reserves the right to refuse to provide training to any ATTENDEE and to request that the ATTENDEE be removed from the training facilities at any time if in the opinion of ENER8, the ATTENDEE  is unfit or unsuitable for any reason to attend or complete the COURSE, or the behavior of the ATTENDEE is in any way dangerous, offensive or would otherwise impede the proper course of the COURSE.

ATTENDEE should have the technical and language level necessary to follow the relevant COURSE in the language in which it is dispensed.

 

CANCELLATIONS

All cancellations must be received by ENER8 in writing from CLIENT to info@ener8.com. Cancellations received 45 days or more prior to the start of the COURSE will receive a full refund minus an administrative fee of 15%. No refunds will be given if CLIENT withdraw, for whatever reason, within 45 days of the start of the COURSE, a substitute ATTENDEE will be accepted.

 

COURSE TRANSFERS

There is no charge for transferring your booking to the same COURSE on an alternative date provided you notify ENER8 in writing 45 days or more prior to the start of the course and we have availability on the requested date. No refund will be made in the event of a transfer. Only one transfer can be made.

In the case that ENER8 is not given 45 days’ notice and we can facilitate the transfer request based on course numbers, at ENER8’s discretion, we can transfer you to a future course date (subject to availability). There will be an administrative fee of 50 USD service charge.

 

NON-ATTENDANCE AT A COURSE

ENER8 cannot give refunds for a CLIENT who fail to attend a COURSE for whatever reason.

 

CANCELLATION OF A COURSE BY ENER8

ENER8 reserves the right to alter published programmes, trainers, speakers, fees or venues without prior notice and without liability. ENER8 also reserves the right to cancel a COURSE at any time without liability to CLIENT for expenses incurred.

All of our COURSES are extremely practical and hands-on. We base our COURSES on group interaction; if we do not receive adequate numbers to ensure the COURSE is practical and effective for each delegate, ENER8 retains the right to cancel the COURSE.

In such circumstances CLIENT will be offered an alternative date or a full refund. In case an alternative date is not available or accepted, the refund will be the only remedy available to CLIENT in case of cancellation by ENER8.

 

CHANGES TO COURSES

ENER8 reserves the right to make a change in the contents, relocate the site of the COURSES and change the instructor(s). ENER8 may further develop or update the content of the COURSES without prior announcement.

 

TRAINING MATERIAL

ENER8 shall provide each ATTENDEE with a set of training materials in hard copy in the English language.

CLIENT acknowledges that the training materials provided by ENER8 are protected under copyright law and may not be disclosed to individuals other than the ATTENDEE or used for any purposes other than for the training purposes agreed to under these TERMS & CONDITIONS. Under no circumstances may the whole or any part of the training materials be produced or copied in any form or translated into another language without the prior written consent of ENER8.

ENER8 owns all worldwide rights, title and interest (including all proprietary and intellectual property rights) in and to data and distributed products and training material. Any unauthorised use, duplication or disclosure is prohibited.

Data and information in training materials distributed by ENER8 are protected by copyright law. Redistribution of the information to third parties is restricted and only allowed if ENER8 has approved this. Approval can only be obtained after consulting ENER8 and receiving a signed letter from ENER8 which explicitly states that the information can be distributed to the specified third party.

 

LOGISTICS

No logistic services will be provided by ENER8 to CLIENT.

CLIENT shall be responsible for making all travel arrangements and for bearing the full costs of all travel, accommodation, meal and other expenses incurred by the CLIENT in relation to the COURSE. Training Provider shall not be responsible for any of such non-refundable expenses in case of cancellation or rescheduling of the COURSE.

 

WARRANTIES AND LIABILITIES

ENER8 will conduct the COURSE in accordance with the description made on this website (academy.ener8.com) 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 ENER8, 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 shall ENER8 or its subcontractors be liable for any loss of profits, or goodwill or for any special or indirect or consequential damages arising under the AGREEMENT in delivering the COURSE(S). This article shall prevail over any conflicting or inconsistent terms in the AGREEMENT, unless those terms further restrict ENER8’s liability.

All conditions and warranties not expressly set forth in the AGREEMENT and whether expressed or implied are excluded to the fullest extent permissible by law. In particular but without limiting the generality of the foregoing, ENER8 shall not be liable for any practical use made by the CLIENT of the information contained in the COURSES or any related training material.

CLIENT shall indemnify ENER8 against all liabilities, costs, expenses, damages and losses (including any direct or indirect consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by ENER8 arising out of or in connection with:

-Any breach of CLIENT, its employees, agents or subcontractors or any ATTENDEES of any provisions of the AGREEMENT;
-any negligence or other tortious conduct of CLIENT, its employees, agents or subcontractors or any ATTENDEES; and
-any claim made against ENER8 by a third party for death, personal injury or damage to property which is attributable to the acts or omissions of CLIENT, its employees, agents or subcontractors or any ATTENDEES.

Neither Party excludes or seeks to limit its liability in respect of death or personal injury, fraud, willful misconduct or gross negligence.

 

FORCE MAJEURE

ENER8 shall not be liable or be considered to be in breach or default of its obligations under the AGREEMENT to the extent that performance of such obligations is delayed or prevented, directly or indirectly, due to causes beyond its reasonable control, including, but not limited to, (i) acts of God, acts (or omissions) of governmental authorities, fires, severe weather conditions, earthquakes, strikes or other labor disturbances, floods, risk of kidnapping, war (declared or undeclared), armed conflict, acts or threats of terrorism, epidemics, civil unrest, riot, delays in transportation, or car shortages; or (ii) acts (or omissions) of CLIENT or CLIENT’s suppliers or agents. ENER8 shall notify CLIENT in the event of any such delay.

 

APPLICABLE LAW

The AGREEMENT between HONG KONG ENER8 LIMITED TAIWAN BRANCH, a limited liability company under ROC law registered under number 54976386, and any CLIENT is governed by and shall be construed in accordance with the laws of the ROC and both parties irrevocable agree the Taiwan Taipei District Court shall have non-exclusive jurisdiction to deal with any disputes arising out or in connection with the AGREEMENT.

 

All enquiries relating to these TERMS & CONDITIONS should be directed to info@ener8.com.

 

These TERMS & CONDITIONS were last modified on 20 November 2019.