1.1 These terms and conditions apply to the Course booked by the Customer which is delivered by AcrossLimits Limited (AL) and no others terms and conditions shall apply.
2.1 “AL” means AcrossLimits Limited (a company incorporated in Malta, registration number C.28305, whose registered office is at 2nd Floor, Tower Business Centre, Tower Street, Swatar, Birkirkara, BKR 4013, Malta and which is the provider of training services under these terms and conditions.
2.2 “AL” includes all of its employees and suppliers.
2.3 “The Customer” means the party that has booked a place on a Course for one or more Delegates.
2.4 “The Course” means the relevant training course, service or activity provided by AL.
2.5 “The Delegate” means an individual who attends a Course.
3.1 AL will provide training in accordance with the Course booked by the Customer. The content of the Course will be as specified in the relevant Course material issued by AL. The Course content may be subject to change at the point of delivery and in agreement with the Customer.
4. Course Bookings
4.1 Courses may be booked by the Customer through AL’s Course Booking Website. On receipt of the request for a Course booking, AL will, subject to the availability of the Course and places thereon, confirm within a reasonable period of time the Course booking, including the dates when the Course will be provided and the number of Delegates the Customer has booked who will attend the Course. Within a reasonable period of time thereafter, the Client will confirm the names of Delegates who will be attending the Course.
5. Course Location
5.1 The course will be carried out in Malta, unless specified otherwise.
6.1 The Course fee shall be agreed with the Customer prior to Course commencement. All fees are priced in Euros and subject to VAT as per Maltese VAT Law.
6.2 Payment terms – All payment should be made in full prior to the commencement date of the Course. Confirmation and acceptance of a Delegate’s booking is at the discretion of AL in the instances when payment is not received prior to the commencement of the Course.
6.3 AL reserves the right to refuse admission of a Delegate to the Course.
7.1 The Customer may cancel their Course bookings by providing at least 30 calendar days’ written notice to AL prior to the scheduled Course commencement date, whereupon the Customer will be liable for 20% of the Course fees. If less than 30 days’ notice is given, the Client will be liable for 100% of the Course fees.
7.2 AL may cancel any course providing full reimbursement of Course fees if 30 or more days written notice is given prior to the scheduled Course commencement date; however, should AL cancel any Course with less than 30 days’ notice they will also reimburse the Customer any economy ticket flight costs upon receipt of flight tickets and/or bookings.
8.1 Delegates will be required to comply with all relevant AL rules, regulations and codes of conduct whilst on AL’s premises.
8.2 AL may at its own discretion, expel any delegate who by reason of disruptive behaviour or misconduct proves themselves to be unfit to complete the Course. Under these circumstances full Course fees will be payable as set out in clause 7.1.
9.1 Unless otherwise specified by AL, on successful completion of the Course, the Delegate may be awarded a certificate by AL. The decision of AL as to whether or not a Delegate has successfully completed the Course shall be final and conclusive.
9.2 No certificate will be issued before full payment is received.
10.1 AL will arrange such third party liability and indemnity insurance whilst on AL’s premises only as it considers appropriate and will permit the Customer to inspect the relevant policies on reasonable notice and subject to payment of any reasonable administration charges which AL considers appropriate.
11. Liability and Indemnity
11.1 The Customer agrees to indemnify and hold harmless AL from all claims made in respect of personal injury (including injury, allergies, illness or disease that may/may not result in death) and/or loss of or damage to any property, including third party property.
11.2 To the maximum extent permissible under Maltese law, the total aggregate liability of AL to the Customer or its Delegates, shall not exceed the price of the Course.
11.3 AL shall not be liable to the Customer under any circumstances for any consequential or indirect loss or damage or loss of profit incurred by the Customer.
12. Force Majeure
12.1 Neither party shall be liable for non-performance or delay of performance which is due to any cause beyond its reasonable control including (without limitation) inclement weather, fire, flood, industrial action (other than that involving either AL or the Customer), explosions, government regulations and orders and acts of God. In the event that the Course cannot be delivered by AL due to Force Majeure then AL reserves the right to provide the Course at another time and date without additional charge to the Customer.
13. Intellectual Property Rights
13.1 All intellectual property rights with the Course material shall vest in and remain with AL. Copies of any Course materials provided to Delegates shall only be made with the prior written permission of AL.
14.1 The Customer shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Customer by AL, its employees, agents, consultants or subcontractors and any other confidential information concerning AL’s business or its products which the Customer may obtain.
15.1 All notices to AL shall be in writing, in English and sent to AL at 2nd Floor, Tower Business Centre, Tower Street, Swatar, Birkirkara, BKR 4013, Malta (for the attention of the Training Manager) and to the Customer at such address as they may have given to AL.
16. Governing Law and Jurisdiction
16.1 These terms shall be governed by and construed in accordance with Maltese law and subject to the exclusive jurisdiction of the Courts of the Republic of Malta.
17. Data Protection
17.1 The Customer and AL agree that AL is permitted to hold personal information about Delegates as part of its personnel and business records and AL may process such personal data as part of AL’s role as data controller or data processor as the case may be, in accordance with the General Data Protection Regulation (EU) 2016/679 (GDPR) and the Data Protection Act (Cap 440 – of the Laws of Malta)