TERMS AND CONDITIONS

Introduction

These terms (“terms”) govern the way in which we, FAI Farms Limited (CRN: 04131435), supply our training services (“services”) to you.

These services include the provision of e-courses, e-modules, webinars, and other formats of e-learning and blended learning where appropriate.

Please read these terms carefully before registering for any services. When you register for any services, these terms form a binding agreement (“agreement”) between you and us.

All rights not expressly granted in these terms are hereby reserved.

You agree to review the terms periodically to ensure that you are aware of any amendments which may be made at any time.

Who we are and how to contact us

We are FAI Farms Limited, a company registered in England and Wales with company number 04131435 and registered office at The Barn, Wytham, Oxford, England, OX2 8QJ.

You can contact us by writing to us at the above mentioned address.

Registration

All registration for services is done via our website. All registrations are binding on you.

Scope of the agreement

In consideration for your payment, we hereby grant you a licence to use the services purchased for use in the academic term in which it was purchased unless otherwise stated. This licence is limited, revocable, non-exclusive, non-sublicensable and non-transferable, and is subject to the rights and obligations granted under these terms.

The licence granted is personal and cannot be shared, exchange or passed on to or with other people, either internally within your organization or externally.

The agreement cannot be assigned or transferred by you to any third party without the prior written consent of FAI Farms Ltd.

Services

The services are training services, including e-courses, e-modules, webinars, and other formats of e-learning and blended learning where appropriate. The training services are provided via our our e-learning platform. All traning participants can create their own personal user account. Some training activities may result in a certificate that is provided by the FAI learning portal.

We ensure that the content of the training services are valid and in accordance with the current laws and regulations at the time of purchase. We reserve the right to remove or change a training service if, due to rule changes or other conditions, it is no longer valid. We reserve the right to change the training services at any time to reflect changes in relevant laws and regulatory requirements, to make minor technical adjustments and improvements and/or to update them.

We develop, distribute and maintain the training services and also provide you with relevant access credentials. We will manage your access to the services and provide support to you where necessary.

User restrictions

You are obliged to provide the correct username at the start of the agreement when you register for the services. It is not permitted for any access to be shared by more than one person. Access to the training services is only granted to the personal user covered by this agreement.

You shall not copy, modify, transmit, distribute or in any way exploit the training services or any other copyrighted materials provided other than for your individual training. Any other purpose is expressly prohibited under this agreement. You shall also not permit anyone else to copy, use, modify, transmit, distribute or in any way exploit the training services or any other copyrighted materials.

We provide the training services ‘as is’ and without any warranties, whether express or implied, except those that cannot be excluded under applicable laws. We also do not warrant that the training services will be error free, including technical inaccuracies.

You must not use the training services in any way or take any action that causes, or may cause, damage to the services or impairment of the performance, availability, accessibility, integrity or security of the services or in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity, or do anything that interferes with the normal use of the services.

Availability

The services will normally be available every day, 24 hours a day. Our support is open during normal office hours; at 08:00-16:00. Contact us for support on tel. (+47) 417 67 498 or by email, support@faifarms.com. Support cases can be sent to us around the clock but will primarily be answered within the above-mentioned time frame.

If errors occur outside normal opening hours, error correction will begin the next working day. Unavailability due to maintenance will, as far as possible, be carried out outside normal working hours.

We will take all commercially reasonable steps to provide you with uninterrupted access to the training services, however, your access may be restricted from time to time for reasons beyond our control. Such reasons include force majeure events, power outages and actions from computer hackers and others acting outside the law. Your access may also be interrupted due to software issues, server downtime, increased Internet traffic, programming errors, regular maintenance and other related reasons. Where this is the case, we will take commercially reasonable steps to restore your full access within a reasonable period of time. ‘Commercially reasonable’ in these terms shall mean reasonable efforts taken in good faith, without an unduly burdensome use or expenditure of time, resources, personnel or money.

Our joint aim is to provide the training services of the highest quality. As such, improvements or changes to the training services or any other materials may occur at any time without prior notification in order to ensure that they are up to date and accurate.

Intellectual Property

All rights, title and interest in intellectual property rights relating to the training services including copyright, patents, trademarks, trade secrets, improvements, developments, proprietary information, know-how, processes, methods, business plans or models (including computer software and preparatory and design materials thereof) and all other intellectual property (whether registered or not) developed or created from time to time shall exclusively

be owned by us. While you may utilise the intellectual property in accordance with this agreement, you understand that there shall be no transfer of ownership of the same.

No content may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use in part or in whole.

All other trademarks, service marks and trade names in this material are the marks of the respective owners and any unauthorised use is prohibited.

Technical system requirements

The services can be used with operating systems and browsers that are most common on the market at any time and can be used on computers, smartphones, and tablets. For the best user experience, it is recommended that the services be used on a device with a large screen (above 10 inches).

Prices and payment terms

The training services have a one-off price unless otherwise agreed between us and you. An invoice can be provided to the contact details given when registering. All payments are in advance or as otherwise agreed. We reserve the right to suspend access to the services and/or terminate this agreement immediately if you fail to pay any amount due to us at the time such payment becomes due.

The price of the training services will vary. The correct price will appear in the shopping basket and when you receive training confirmation from us. Training services are invoiced with VAT. Prices inclusive of VAT appear before you complete the training registration.

You must pay all amounts due to us under in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

If the rate of VAT changes before the date we supply the service to you, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

Privacy

We will register information about the individual user and their use of the services as a basis for access control, statistical measurement and analysis to improve our websites and services functionalities, as well as for accounting and invoicing purposes. The information can also be used as a basis for other fulfilment of the agreement, such as e.g. issuance of training certificates.

We will keep the information about you even after the agreement has expired or terminated, with a view to later offers for training and possibly for the sending of other information about our products and services, if you have consented to this.

Data protection

We use any personal data you give us as set out in our GDPR policy https://www.faifarms.com/privacy-policy/ and cookie policy  https://www.faifarms.com/cookie-policy/.

Both parties will comply with all applicable requirements of all relevant data protection legislation.

You will ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of any relevant personal data to us and/or lawful collection of such personal data by us on your behalf for the duration and purposes of this agreement.

We shall, in relation to any personal data processed in connection with the performance by the us of our obligations under this agreement (when we process as data processor):

• process that personal data only on your documented written instructions unless we are required by law to process that personal data or for the purposes of fulfilling this agreement.
• ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting personal data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to personal data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
• ensure that all personnel who have access to and/or process personal data are obliged to keep the personal data confidential; and
• not transfer any personal data outside of the UK or EEA unless your written consent has been obtained and (i) one of us has provided appropriate safeguards in relation to the transfer, the data subject has enforceable rights and effective legal remedies, we comply with our obligations under relevant legislation by providing an adequate level of protection to any personal data that is transferred; and we comply with reasonable instructions notified to it in advance by you with respect to the processing of the personal data;
• assist you in responding to any request from a data subject and in ensuring compliance with its obligations under relevant legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
• notify you on becoming aware of a personal data breach;

You to us appointing third party processor of personal data under this agreement. We confirm that we have entered or (as the case may be) will enter with the third-party processor into a written agreement substantially on that third party’s standard terms of business or incorporating terms which are substantially similar to those set out in the above provisions and in either case which we confirm reflects and will continue to reflect the requirements of applicable legislation.

Responsibility and Liability

If the service should be substantially unavailable to you for longer periods, due to conditions for which we are responsible, the access period will be extended corresponding to the number of days the service has been unavailable to you.

We can suspend your access to the training services to deal with technical problems or make minor changes, to update the training services to reflect changes in relevant laws and regulatory requirements or make changes to the training services.

To ensure the quality of our services, we encourage our customers who become aware of errors to report this to us as soon as possible via support@faifarms.com.

We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with this agreement.

Our total liability to you for all other losses arising under or in connection with this agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the services in question.

Nothing in these this agreement shall limit or exclude our liability for (i) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable) or fraud or fraudulent misrepresentation or any matter in respect of which it would be unlawful for us to exclude or restrict liability.

We exclude all terms implied by law to the fullest extent permitted by law.

Default

We have the right to terminate the agreement if you breach the agreement. Termination of the agreement means that access to the services will be blocked. You can be held financially responsible for losses we incur as a result of a default.

Duration and termination

The agreement comes into force from the moment the customer registers. Unless otherwise agreed in writing, the agreement applies for the academic term from the date of purchase/registration, but you do not have access to the training and materials for longer than the academic term from when the relevant license is purchased. The agreement cannot be terminated by you during the agreement period.

Disputes between the parties must be resolved through negotiations. If it is not possible to reach an agreement within 60 days, each of the parties has the right to bring the dispute to court.

We can terminate the agreement if you don’t make any payment to us when it’s due or you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the training services to you.

Unsubscribe

Registration is binding and any cancellation must be made in writing and must be sent to: support@faifarms.com. We reserve the right to make changes to the services due to circumstances beyond our control.

In case of cancellation later than 10 days before the training starts, 50% of the fee is charged to, and payable by, you. Training fees are payable in full (and non-refundable) if you cancel later than 3 days before the start of the training .

Change of training coaches/instructors/speakers

We reserve the right to change the appointed training coach/instructor/speaker without notifying the participants.

Cancellation

We reserve the right to cancel scheduled training up to 10 days before the start of the training if there are too few registrants or for any other reason beyond our reasonable control. In that case, the paid training fee will be refunded.

Filming

It is not permitted to film and/or make audio recordings during the training.

Force Majeure

Events beyond our control (for example strikes, lockouts, fires, etc.) give us the right to cancel the training without any obligation to compensate you.

Other terms

You need our consent to transfer your rights under the agreement to someone else.

Nobody else has any rights under the agreement which is between you and us. No other person shall have any rights to enforce any of its terms.

If a court finds part of the agreement illegal or unenforceable, then rest will continue in force.

Even if we delay in enforcing the agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this agreement, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

This agreement (and documents referred to herein) constitute the entire agreement between us. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in this agreement (and/or the documents referred to herein) and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

Governing law

The agreement is governed by and construed in accordance with the laws of England and Wales and subject to the jurisdiction of the Courts of England and Wales.

Translations of these terms and conditions can be made available upon request.