GENERAL TERMS AND CONDITIONS FOR TRAINING
The following constitute the terms and conditions to which applicants agree when booking Public Persona training (“Terms & Conditions”). If you are agreeing to these Terms & Conditions not as an individual but on behalf of your company or other legal entity then, “Customer” or “you” or “your” shall refer to such entity and its affiliates, and you represent that you have the authority to bind such entity and its affiliates to these Terms & Conditions and you are binding your company to these Terms & Conditions. Skillpower Services (Thailand) Co., Ltd. (hereinafter“Manpower”) and you shall each be referred to as a “Party” and together as the “Parties” in this Terms & Conditions. If you do not have such authority, or if you do not agree with these Terms & Conditions, you must not accept these Terms & Conditions and may not use the documentation. Manpower reserves the right to review and update these Terms & Conditions periodicallyat its sole discretion.
BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM THAT REFERENCES THIS TERMS & CONDITIONS, OR BY USING OR ACCESSING MANPOWER TRAINING MATERIAL, YOU AGREE TO BE BOUND BY THE TERMS OF THIS TERMS & CONDITIONS.
Public Persona training. Public Persona training can be booked via the booking forms available on the Manpower website. When you submit a booking for a course, your submission represents an offer to Manpower to book you onto the course you selected. Manpower will accept your offer by entering your booking onto the Manpower system and sending you an email confirming that you have been booked together with information on starting your learning.
Training fees can be paid by bank account transferprovided by Manpower or credit card. In all cases, payment must be received prior to the start of training. Please note that if you do not provideaccurate details (including type of card and number) or if your credit card company does not authorise payment, your application will be deemed void. Manpower will not accept any liability for costs incurred as a result of applications deemed void in this manner.Manpower will neither refund any fees nor reimburse any other costs.
Sales taxes (VAT, etc.), if any, are charged at the applicable rate as required by Thai laws.
You may not allow anyone else to access the training course. You must comply with all health and safety rules and regulations and any other reasonable security requirements that apply at the premises at which the training course will be provided. Manpower reserves the right to remove any delegate from a training course whose behaviour is deemed inappropriate by Manpower or its trainers. In these circumstances, Manpower will neither refund any fees nor reimburse any other costs.
LIMITATION OF LIABILITY
Manpower does not accept responsibility for anyone acting as a result of information in, or views expressed on, its training course including course materials. Opinions expressed are those of individual trainers and not necessarily those of Manpower. Participants should take professional advice when dealing with specific situations.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MANPOWER SHALL NOT BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MANPOWER'S AGGREGATE LIABILITY TO THE OTHER SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO MANPOWER FOR THE TRAINING GIVING RAISE TO A CLAIM.
WARRANTY AND DISCLAIMER
Manpower ensures that all our training services are delivered diligently and in a good, workmanlike, timely and professional manner consistent with industry standards. The training services will be performed as described in the individual class agendas. Manpower shall provide such trainers to present the training course as it, in its sole discretion, deems fit and Manpower shall be entitled at any time to substitute any trainer with any other person who, in Manpower's sole discretion, it deems suitably qualified to present the relevant course
Both Parties agree to defend, indemnify, and hold harmless the other Party and its directors, officers and employees from and against any demands, damages or liabilities including reasonable attorney's fees) arising from a third party claim that the indemnifying Party caused bodily injury (including death) or damaged real or tangible personal property.
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
All training material is owned by Manpower. All intellectual property rights in all training material available, including the design, graphics and text of all printed materials and the audio of all webinars and podcasts, are owned by Manpower. When you are given access to the training material, you are granted a non-exclusive, non-transferable, revocable licence to use the training material. No training material may be copied, reproduced, uploaded, posted, displayed or linked to in any way,in whole or in part, without Manpower's prior permission. Any such use is strictly prohibited and will constitute an infringement of Manpower's intellectual property rights.
To provide a continuous check on the consistency and quality of training delivery, all participants will receive a follow-up email at the end of each class asking to submit feedback in the form of a satisfaction survey. This feedback will be reviewed in detail and will be used to make continuous improvements to class content and delivery.
CANCELLATION AND TRANSFER
8.1.1 Substitutions should be notified to Manpower at least 72 hours prior to the course start date. If you fail to attend the course on which you are booked without giving prior notice to Manpower, we are unable to refund the course fees or offer a transfer.
8.2. Cancellation by Manpower.
Manpower reserves the right to cancel any training course due to insufficient enrollment by providing notice to you at least 7 calendar days prior to schedule commencement date. In the event of cancellation by Manpower, you may elect to receive a full refund of registration fees paid. Nevertheless, Manpower will not be responsible for non-refundable tickets purchased or reservations made by you. If a training class is cancelled by Manpower due to any Force Majeure Event as defined in Section 10.4, you are entitled to a full class credit which must be used within 3 months of the date of the original class for another class offered by Manpower.
Except as otherwise set forth in these Terms & Conditions, each party may disclose to the other party certain confidential information under these Terms & Conditions. Each party agrees that all code, inventions, know-how, business, technical and financial information or any information specifically designated as confidential or that could be understood to be confidential or proprietary by a reasonable person disclosed to such party (“Receiving Party”) by the disclosing party (“Disclosing Party”) constitute the confidential property of the Disclosing Party (“Confidential Information”) Any Manpower technology, any commercial terms (including pricing) of these Terms &Conditions and any performance information relating to the products shall be deemed Confidential Information of Manpower without any marking or further designation. Except as expressly authorized herein, the Receiving Party will use (and will ensure that its employees, Affiliates, agents, contractors and any approved third parties use) reasonable efforts (which shall be no less than the efforts used to protect its own confidential information of a similar nature) to prevent the disclosure of any Disclosing Party's Confidential Information for any purpose other than providing the training contemplated by these Terms & Conditions unless authorized by the Disclosing Party. The Receiving Party's nondisclosure obligation shall not apply to information which the Receiving Party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by employees of the Receiving Party who had no access to such information. The Receiving Party may also disclose Confidential Information if sorequiredpursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party).
10.1 Dispute resolution: arbitration.
In the event of any controversy or claim arising out of or relating to these Terms & Conditions, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If the parties do not reach settlement within a period of 60 days, any unresolved controversy or claim arising out of or relating to these Terms & Conditions shall refer to a court of competent jurisdiction in Thailand.
All information provided by you under these Terms & Conditions will be treated in accordance withManpower's Privacy Notice.
10.3 Force majeure.
Neither party shall be liable to the other for any delay or failure to perform any obligation under these Terms & Conditions (except for a failure to pay fees) if the delay or failure is due to unforeseen events which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency each a Force Majeure Event
10.4 Entire Agreement and severability.
This Terms & Conditions is the entire agreement between you and Manpower relating to the training and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the training or any other subject matter covered by these Terms & Conditions. If any provision of these Terms & Conditions is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.