Absolute Applications Limited (“AAL”) are a Certified Oracle University Education Reseller and as such, only offer and sell, official Oracle training products, services and courses. You can rest assured that when booking any of your Oracle training needs through AAL, you or your company will only ever receive the best, recognised official Oracle training products, services and courses.
As AAL is an Official Certified Oracle University Education Reseller, some of your details will be passed to Oracle in order to process your order and they may contact you directly in relation to your purchase. However, all queries in relation to your purchase should be referred to AAL in the first instance via our web site on http://www.absolute-applications.com or via the phone on +44 (0) 208 290 7800.
Definitions: “You” and “your” refers to the individual or entity that has ordered from Absolute Applications Limited as an authorised distributor for Oracle products and/or services, specified in your order. The term “products” refers to the software programs and other products owned or distributed by Oracle which you have ordered, including program documentation, via Absolute Applications limited. The term “services” refers to the education services which you have ordered. A “named user” is an individual authorised by you to use the products which are installed on a single server, regardless of whether the individual is actively using the product at any given time, and is not transferable.
Applicability: this agreement is valid for and governs the order pursuant to which you are accepting these legal terms and policies.
SPECIAL PROMOTION - FREE iPAD MINI 2 WITH THE PURCHASE OF TRAINING ON DEMAND COURSES THROUGH ABSOLUTE APPLICATIONS
* Offer is available on ALL Training On Demand products purchased over £2000 per completed order total (excluding VAT). ***Acceptable amount for other European currencies will be based on the £GBP equivalent.
*Free iPad Mini is based on 16GB, Wi-fi only version
*Maximum of 1 Mini iPad per customer
*Training On Demand cancellation Policy applies
*Valid for purchases made in UK & Europe only
*Specific terms may be subject to change
SPECIAL PROMOTION - FREE iPAD MINI 2 WITH THE PURCHASE OF 5 OR MORE LICENSES FOR ORACLE ULS (UNLIMITED LEARNING SUBSCRIPTION)
* Offer is available on completion of order
* Free iPad Mini is based on 16GB, Wi-fi only version
* One free iPad Mini per user when purchasing 5 or more licenses
* Oracle ULS cancellation policy applies
* Valid for purchases made in UK & Europe only
* Specific terms may be subject to change
AAL accepts customer orders for the following products and courses for Instructor-Led Training services via our website on: http://www.absolute-applications.com or via the phone on +44 (0) 208 290 7800.
Any Travel arrangements, including booking hotels and transport are the responsibility of the customer. All details of the course including confirmation of course locations and directions to the venue will be sent out prior to the course date. If you need to contact us prior to this then please either e-mail us at: firstname.lastname@example.org or call us 0208 290 7800, quoting your name and course details that you have booked.
Products and Courses
Oracle University Self-Study CD-ROM and Recorded WebClass CD programs may be purchased in different titles and licensed on a named user basis. The titles and quantities licensed to you shall be specified in your order and you are only authorised to access the content in accordance with the terms of your purchase. Included in the license fees for Self-Study CD-ROM and Recorded WebClass CD programs is one year of limited telephone and email support, which is effective upon the effective date of your order. You will receive all details on how to obtain such support from Oracle directly once your course booking has been confirmed.
Electronic Distribution of Self-Study CD ROM (SSCD)
Oracle will make available to you for electronic download via electronic delivery, the SSCD programs listed in your order. Details will be provided once your order has been confirmed. This will be through an Internet URL and you can access and electronically download to your location the SSCD programs listed in your order. Please be advised that not all programs are available on all hardware/operating system combinations. For current program availability, you may be able to check at the electronic delivery web site on the Oracle website. You acknowledge that Oracle is under no further delivery obligation for the SSCD programs listed in your order, electronic download or otherwise. Customer shall be responsible for installation of the SSCD software.
Live Virtual Class (LVC)
Live Virtual Class (LVC) is exclusively for registered students; unregistered individuals may not view an LVC at any time. Registered students must view the class from the country listed in the registration form. Unauthorized recording, copying, or transmission of LVC content may not be made. You are responsible for meeting the minimum system requirements to attend a LVC.
Training On Demand (TOD)
Training On Demand (TOD): Training On Demand (TOD) is defined as web based learning environments that provide on demand access to self-paced training content. Oracle currently offers TOD Single-Title Named, TOD Single-Title Concurrent, TOD Multi-Title Named and, for certain partners limited availability, the Oracle University Knowledge Center (OUKC) services. All Training On Demand offerings are described in more detail below and made available to you subject to the terms of this agreement and Oracle University’s Online Hosting Access Policies, which are located at: http://www.oracle.com/us/education/oukc/hosting-policies-079011.html and may be updated by Oracle from time to time without notice to you. Unauthorized viewing, recording, copying, transmission or other distribution of Training On Demand content is strictly prohibited. You are responsible for meeting the minimum system requirements to order Training On Demand offerings. Training On Demand orders are non-cancelable and non-refundable. In the event that any Oracle programs are made available for download as part of the services, then use of such programs is subject to the terms of this agreement. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN YOUR AGREEMENT, ORACLE DOES NOT WARRANT THAT THE TRAINING ONDEMAND SERVICES WILL BE PROVIDED UNINTERRUPTED OR ERROR-FREE. The TOD Single-Title Named offering is a streaming, web-based learning environment delivered via a hosted environment that provides on-demand access to recordings of certain live Instructor-Led Training courses and associated eKit materials. This service is available at http://education.oracle.com/pls/web_prod-plq-dad/db_pages.getpage?page_id=600&get_params=pillar_id:0 and is made available on a named user basis for a term of ninety (90) days from the effective date of your order. Registered students must view the class from the country in which the order is placed, and the associated lab environment (if applicable) can be scheduled for one (1) period of five (5) consecutive days during your subscription period.
The TOD Single-Title Concurrent and TOD Multi-Title Named offerings are web-based learning environments hosted by Oracle that provide on-demand access to either an individual training course or to limited content subsets of training courses available on the TOD Single-Title Concurrent and TOD Multi-Title Named website, respectively. These services are available at http://education.oracle.com/pls/web_prod-plq-dad/db_pages.getpage?page_id=600&get_params=pillar_id:0 and are made available on a concurrent user basis (single-title) or named user basis (multi-title) for a subscription term of one (1) year from the effective date of your order (unless otherwise stated in your order). Concurrent use, if applicable, is limited to twenty-five (25) users. Oracle may provide a tailored eLearning environment to you as part of your order (and subject to the other Training On Demand terms). Oracle may provide a customized eLearning environment to you as part of your order, limited in storage size to no more than two hundred (200) megabytes (and subject to the other Training On Demand terms)
Oracle has made a limited number of ePractice exams available to help candidates prepare for the associated exams. After purchasing an ePractice exam, candidates will receive an activation letter through email that will provide instructions on accessing the practice exam. Upon purchase, candidates receive a 180-day subscription to one of the available Oracle Certification ePractice exams, on a named user basis. Please note that the subscription does not start at log in, but from the date that is on the activation letter. These ePractice exams are for practice only and DO NOT result in any certification.
Oracle Certification eVoucher
The Certification eVoucher purchased through AAL are valid for the specified time period and is not valid after the expiration date on the Certification eVoucher. The Certification eVoucher expiration date cannot be extended. Certification exams must be completed no later than the expiration date on the Certification eVoucher. The Certification eVoucher can be used by one person, one time, for one exam discount/fee only. The Certification eVoucher is non-refundable and non-cancellable and cannot be redeemed for cash or credit. Neither Pearson VUE, Authorized Pearson VUE Test Centre, Prometric, Prometric Authorized Testing Centre nor Oracle and its partners is responsible for a Certification eVoucher that is lost or stolen. The Certification eVoucher is void if altered or revised in any way. The Certification eVoucher may be used by the Purchaser only, except as permitted by a valid Oracle reseller agreement.
OU SUN Certification Retake Exam eVoucher
One Sun Certification Retake Exam eVoucher (eVoucher) is provided with a Sun Value Package purchase. This eVoucher can be redeemed for the first attempt at a Sun certification exam. If the candidate does not pass on the first attempt, this voucher can be used for one retake of the same exam only. The voucher can only be used for a retake of the same exam and only if the candidate did not pass the first attempt. Candidates may not retake a passed exam. When taking the exam, the candidate must answer “Yes” to the privacy statement that appears prior to the exam, otherwise the exam will be forfeited and Oracle will not provide a replacement voucher to the candidate. This eVoucher is valid for 12 months and is not valid after the expiration date on the eVoucher. The eVoucher expiration date cannot be extended. The eVoucher can be used by one person on one attempt plus a retake of the same exam in the event the first attempt was not successful. The eVoucher is non-refundable and cannot be cancelled or redeemed for cash or credit. Neither Prometric, Authorized Prometric Testing Centres, nor Oracle and its partners are responsible for a eVoucher that is lost or stolen. The eVoucher is void if altered or revised in any way. The eVoucher may be used by the Purchaser only, except as permitted by a valid Oracle reseller agreement.
Learning credits purchased through AAL may be used to acquire education products and services offered in the Oracle University online catalogue. Learning Credits may only be used to acquire products and services at the list price in effect at the time you order the relevant product or service, and may not be used for any product or service that is subject to a discount or a promotion when you acquire the relevant product or service. The list price will be reduced by applying the Learning Credits discount specified at the time of your Learning Credits purchase. Notwithstanding anything to the contrary in the previous three sentences, Learning Credits may also be used to pay taxes, materials and/or expenses related to your order; however, the discount specified in your order will not be applied to such taxes, materials and/or expenses. Learning Credits purchased through AAL are valid for a period of 12 months* from the date your order is accepted by Oracle, and you must acquire products and must use any acquired services prior to the end of such period. You may only use Learning Credits in the country in which you acquired them. You may not use them as a payment method for additional Learning Credits, and you may not use different Learning Credits accounts to acquire a single product or service or to pay related taxes, materials and/or expenses. Learning Credits are non-transferable and non-assignable. You may be required to execute standard Oracle ordering materials when using Learning Credits to order products or services.
*Learning Credits purchased from AAL, using a valid Oracle agreement coterminate with the expiry date on the agreement used for purchase or after the term of 12 months, whichever is sooner. This may impact the term of your Learning Credits.
Learning Credits accounts will be suspended if payment is not received per AAL’s terms of payment.
Instructor-Led Training Waitlists
Oracle University accepts participant requests via AAL, for registration into full Instructor-Led Training and Live Web Class events. If space becomes available, participants will be placed into the class and notified. Participants will have 3 days to cancel; thereafter our regular cancellation policy will apply as applicable.
100% Student Satisfaction Program
Oracle’s 100% Student Satisfaction program applies to those publicly scheduled and publicly available Oracle University Instructor Led Training classes booked through AAL. These are identified as part of the 100% Student Satisfaction program on the Oracle website at the time the class is purchased. In the event that a student who has completed such a class and been present for all of the offering is not, in his/her reasonable opinion, satisfied with the class, then the student must notify Oracle by emailing email@example.com within 5 business days of the completion of the class. Oracle will then permit the student to retake the same version of the same class title (or at the student’s option, the equivalent class provided online, if available) once more for free within 90 days of Oracle’s receipt of the notification (or if it is not available during such 90 day period, as soon as the class is available thereafter at the same location or within a 50 mile radius). The Student Satisfaction program does not apply: (i) to the retaken class; (ii) if the student is not able to satisfy the above criteria for reasons beyond Oracle’s reasonable control. Neither AAL nor Oracle is responsible for any applicable taxes, transportation costs, lodging costs or other expenses or costs related to the retake. AAL has the option, at its sole discretion, to provide a refund for the class fees in lieu of permitting a class retake if for any reason AAL considers a refund to be appropriate. This is the sole remedy and AAL’s exclusive liability in the event that a student is not satisfied with the class.
Payments, Bookings and Cancellations
Fees, Taxes and Invoices
All fees payable to AAL are due in accordance with the terms stated herein and under the invoice. You agree to pay any value added or sales tax imposed by applicable law that AAL must pay based on the products and/or services you ordered. Also, you will reimburse AAL for reasonable expenses related to providing the services. Notwithstanding the preceding sentence, expenses for private/onsite classes shall be charged on a per diem basis as specified at the time of your order on our website at: http://www.absolute-applications.com/training/per-diem-rates. Fees for services listed in your order, detailed on our web site or quoted over the phone are exclusive of taxes and expenses.
You will be charged using the current pricing in effect at the time of your confirmed order placement. Pricing is only guaranteed if you have a written quote from AAL. For orders placed against a quote from AAL, you must accept the quote and provide a valid commitment to pay within the period stated therein.
Except where otherwise agreed in writing, fees for Services shall be due and payable by you as follows:
(i) where Services relate to provision of training Services, fees shall be paid in full no later than 1 calendar month prior to training or course commencement;
(ii) if under the Agreement fees are due in instalments, any default by you in payment of any instalment shall entitle AAL to require that you pay the whole balance of fees due within 15 Working Days of such default or to cancel the contract and provide you with a full refund. You shall not be entitled to exercise any set-off, lien or any similar claim in relation to fees due to AAL unless agreed in writing by AAL. Time of payment shall be of the essence.
AAL Applied Discounts
If any discount has been applied to your booking by AAL and you subsequently cancel either a single or multiple training event or exam, then the cancellation charges as per section Class Cancellation/Rescheduling Policy will fall due, minus any AAL discount given.
Payment in full for the course or exam or self-study CDs at the time of booking. Note: exams and self-study CDs must always be paid in full, unless part of a ‘package deal’.
Interest Free payment option. This option is only available for courses and not self-study CDs or exams. It is available to you within the following guidelines:
Once a fee has been agreed, AAL may offer you, at its discretion, interest free payment terms. Note: AAL has the right to refuse interest free payments at its own discretion and will not disclose reasons for refusal. The total premium will need to be paid IN FULL not less than 1 month BEFORE the course starts. AAL will decide the length and payment amounts to be offered to you. Once accepted, the 1st instalment will be payable immediately, unless otherwise agreed by AAL in writing. The remaining instalments will be scheduled and AAL will send you an email/ invoice reminder prior to each payment deadline. If any remaining payment is not paid for any reason, AAL retains the right to cancel the course and return all payments made. Once the final payment is made, course details and confirmation will be sent to you, within 7 days of the course start date.
Note: Every time you use your credit card on our website, the credit card company charges us a fee. Unfortunately this means we have to charge you this fee to cover the costs, and this fee is 2.5% for personal cards and 3.5% for corporate cards. For American Express and Diners Card, this fee is 3%. This is added onto your booking at the payment stage. The amount will be informed to you at the point of sale and also will be documented on the invoice sent. Such fees will be charged on each instalment. Debit card payments & Bank Transfers (BACS or CHAPS) payments will incur no charge or fee.
Product Orders and Shipment
Once you place an order through AAL, the payment obligation is non-cancellable and all sums paid are non-refundable. Orders for shippable products are generally shipped within 7-10 days of an order being placed. If you do not receive your shipment within 3 weeks of placing your order, or if you believe that the contents of your order were damaged during shipping or are defective, please call AAL immediately on +44 (0) 208 290 7800.
You are responsible for checking that all details specified in any issued AAL invoice are correct and you must bring any discrepancies, errors or queries to the attention of AAL immediately and in any event within 48 hours of receipt of an AAL invoice. No refunds shall be issued in respect of any incorrect course, self study CD or any other delivery of material if you fail to inform AAL of the mistake within the period stated above.
Enrolment Confirmation Process
Enrolments for Instructor-Led Training and/or Live Virtual Class events cannot be confirmed or guaranteed until full payment has been received by AAL, including completion of ALL instalment payments. Once full payment has been received by AAL, enrolments are subject to availability at that time. AAL will then send you an Enrolment Confirmation email once your enrolment is confirmed in an Instructor–Led Training and/or Live Virtual Class.
Class Cancellation/Rescheduling Policy
Oracle may cancel or reschedule a class at its discretion and if it does, AAL will use reasonable efforts to notify you at least one week in advance. You will not be charged for the Oracle cancellation or rescheduling.
Neither AAL nor Oracle are liable for travel or accommodation costs incurred by students in the event that Oracle cancels or reschedules an event.
Please notify us as soon as possible of any changes in your scheduled training. Cancellation and rescheduling requests must be received by AAL by email or other written communication.
Publicly Scheduled Instructor Led Training Events *
- If you cancel or reschedule your registration 7 or more calendar days before the scheduled start date of the class. AAL will assess no charge.
- If you reschedule your registration 1-6 calendar days prior to the class start date. AAL will assess 50% of the class fee.
- If you cancel your registration 1- 6 calendar days prior to the class start date. AAL will assess 50% of the class fee.
- If you do not show up for the event; or cancel on the day of the event. AAL will assess 100% of the class fee.
Private/Onsite Training Events *
- If you cancel your class 14 or more calendar days before the scheduled start date of the class. AAL will assess no charge.
- If you reschedule your class 1-13 calendar days prior to the class start day. AAL will assess 50% of the class fee.
- If you cancel your class 1-13 calendar days prior to the class start date. AAL will assess 50% of the class fee charge.
- If you do not show up for the class, or cancel on the day of the class. AAL will assess 100% of the class fee.
Oracle Testing Centre (OTC) Exam
- If you cancel or reschedule your exam registration 7 or more calendar days prior to the scheduled exam date. AAL will assess no charge.
- If you reschedule your exam registration 1 to 6 calendar days before the scheduled exam date. AAL will assess no charge.
- If you cancel your exam registration 1- 6 calendar days prior to the scheduled exam date; cancel on the day of the exam; or do not show up for your exam. AAL will assess 100% of the exam fee or will invalidate your OCP voucher if your payment method is OCP Voucher.
* Oracle University eKit Downloads : Notwithstanding anything to the contrary above, once you have downloaded OU eKit materials for an OU eKit-supported event, the class fee becomes fully payable and non-refundable and AAL will assess 100% of the class fee.
* Student Kit : Notwithstanding anything to the contrary above, if you elect to purchase a hard copy Student Kit as a supplement to your OU eKit materials, once you have placed your order and the student kit has shipped, the class fee becomes fully payable and non-refundable and AAL will assess 100% of the class fee.
Student Kit Materials
AAL via Oracle now supports the electronic delivery of Student Kit Materials (eKits). As part of the registration process, you are required to provide an e-mail address so that either AAL via Oracle or Oracle may send you a secure password required for the download of the eKit Student materials. Students have a period of 90 days from the day they receive their eKit notification email to access and download their eKit. Each eKit will be personalized with the student name and email address that is licensed to the registered student for their use only.
Reproduction or distribution to a third party of Student Kit Materials is strictly prohibited. Hard-copy Student Kit Materials are not provided in the classroom for eKit-enabled classes. Hard Copy student kits may be purchased from AAL at an additional cost once an eKit class event has been completed.
As noted in the Class Cancelling/Rescheduling Policy above, class fees are fully payable and non-refundable once you have downloaded the eKit materials (regardless of how far in advance of the class date you undertake the download).
Oracle University Student Kit Materials purchased via AAL are not available or authorised for purchase from any 3rd party. Students who were unable to attend a confirmed class due to unforeseen reasons and have paid the 100% cancellation fee per the terms of the Class Cancellation Policy may request a copy of the Student Kit Materials used in conjunction with the class. Students must make this request to AAL within 60 days of the originally scheduled class.
International Instructor Led Training Registrations
Students are responsible for ensuring they have all correct travel documentation (e.g., Visas) in place prior to confirming their attendance for an Oracle class.
Instructor-Led Training Classroom Environment
Participants are requested to sign in 15 minutes before the start of class on the first day. Business casual attire is appropriate. Course materials and equipment are provided by Oracle University. Oracle University classes are conducted with a team learning methodology. Participants should come to class prepared to enhance the learning experience by discussing course topics with a lab partner.
Upon AAL’s acceptance of your order, you have the limited right to use the products and receive any services you ordered solely for your internal business operations. Any materials that Oracle provides to you in a class may be used solely by the students participating in that class for the purpose of taking the class.
If requested, AAL may assist you in selecting the appropriate product, training or services. However, AAL does not provide any warranties that such product, training or services will be fit for your purpose and assessment and selection of products, training or services remains your ultimate responsibility. No statement, description, information, condition or recommendation contained in any AAL website, catalogue, price list, advertisement, email or communication, whether made in writing or verbally, by any representative of AAL shall be construed to vary in any way any of the terms of this Agreement. All other warranties (express or implied) are hereby excluded to maximum extent permitted by law.
Ownership and Restrictions
Oracle retains all ownership and intellectual property rights to the products and anything developed by Oracle and delivered to you under your order resulting from the services. You may make a sufficient number of copies of each program for your licensed use and one copy of each program media.
You may not:
- remove or modify any program markings or any notice of Oracle’s proprietary rights;
- make the products or materials resulting from the services available in any manner to any third party for use in the third party’s business operations (unless such access is expressly permitted for the specific program license or materials from the services you have acquired);
- cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the products;
- disclose results of any program benchmark tests without Oracle’s prior written consent; or
- disclose any materials that AAL or Oracle provides to you for a period of three years from the date of disclosure.
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS". TO THE EXTENT PERMITTED BY LAW, AAL AND ORACLE DISCLAIM ALL WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT THE LIABILITY OF EITHER PARTY FOR PERSONAL INJURY OR DEATH CAUSED BY ITS NEGLIGENCE, OR EITHER PARTY’S LIABILITY FOR FRAUD. NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR DATA USE. AAL AND ORACLE’S MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR ORDER, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE TOTAL FEES PAID UNDER YOUR ORDER.
Oracle uses reasonable endeavours to ensure that all software introduced to you will be free of computer viruses and has undergone virus checking procedures in line with current practice. Notwithstanding reasonable endeavours neither AAL or Oracle shall be liable for any damage to any equipment belonging to you or any third party that has been caused by a virus introduced as a result of software downloaded from or via either AAL or Oracle.
Export laws and regulations and any other relevant local export laws and regulations apply to the programs. You agree that such export control laws govern your use of the programs (including technical data) and any services or deliverables provided under this agreement, and you agree to comply with all such export laws and regulations (including “deemed export” and “deemed re-export” regulations); additional information can be found on Oracle’s Global Trade Compliance web site. You agree that no data, information, program and/or materials resulting from services (or direct product thereof) will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology.
You or any participant employed by you attending any Oracle class hereby agrees that in consideration for being granted access to the Oracle class location (the “Premises”), you hereby waive any and all claims against AAL and Oracle University and the owners of the Premises (if Oracle is not the owner), and their officers, directors, employees and agents (the “Released Parties”) for loss, theft, destruction or damage to any property, including without limitation the business or personal property of your or your employees, agents, guests, invitees or representatives, in, on, or about the Premises, and for injuries to you or your employees, agents, guests, invitees or representatives, in, on, or about the Premises. The Released Parties shall bear no responsibility for the safety of your or your employees, agents, guests, invitees or representatives or their business or personal property while in, on, or about the Premises. This paragraph does not exclude or limit the Released Parties’ gross negligence or intentional misconduct.”
“AAL’s Confidential information” means any commercial information of AAL (or of Oracle that is supplied by AAL), contained within instruction manuals or other documents provided to you and any other information related to products, training or services. You agree to keep all AAL’s Confidential Information confidential for a period of 3 years after termination of this Agreement or any related agreement with AAL. You may not disclose AAL’s Confidential Information to any third party without AAL’s prior written consent. You may share AAL’s Confidential Information with your employees who have a need to know and who are subject to similar legally binding obligations to keep such information confidential. Confidentiality obligations in this clause do not apply to AAL’s Confidential Information that (a) you can demonstrate was in your possession before receipt from AAL; (b) is or becomes publicly available through no fault of yours; (c) is legally received by you from a third party without duty of confidentiality; (d) that you are required by any government body or court of law to disclose any of AAL’s Confidential Information, in which case you shall give AAL reasonable advance notice so that AAL has an opportunity to contest disclosure.
You agree that this agreement and the information which is incorporated into this agreement by written reference (including reference to information contained in a URL or referenced policy), together with the applicable order, are the complete agreement for the products and/or services ordered by you, and that this agreement supersedes all prior or contemporaneous agreements or representations, written or oral, regarding such products and/or services. Nothing in this agreement excludes or limits either party’s liability for deceit or fraudulent misrepresentation. If any term of this agreement is found to be invalid or unenforceable, the remaining provisions will remain effective. It is expressly agreed that the terms of this agreement and any ordering document shall supersede the terms in any purchase order or other non- ordering document and no terms included in any such purchase order or other non-ordering document shall apply to the products and/or services ordered. This agreement and ordering documents may not be modified and the rights and restrictions may not be altered or waived except in a writing signed or accepted online between AAL and you.
Notices must be given in writing and must be addressed as below. A notice shall be deemed effectively served as follows: (a) if sent by email, on the date when confirmation receipt has been personally acknowledged by return email (electronically generated receipts shall not be valid), or (b) if delivered personally, on the date when left at AAL’s registered office or your address and signed for, or (c) if given by post, on the date when the notice has been received and signed for at AAL’s registered office or your address (deliveries by post other than recorded delivery shall not be valid). – For AAL, notices shall be sent to: The Company Secretary, Absolute Applications House, 6 Sherman Road, Bromley, Kent BR1 3JH. – For you, notices shall be sent to the address communicated to AAL at the time of placing your latest applicable order or such other updated address that you may communicate to AAL by Notice at any time.
AAL shall be entitled to delay or cancel delivery of any product, training or service or to reduce the amount of any product, training or service delivered if it is prevented from or hindered in or delayed in such delivery through any circumstances beyond its reasonable control including strike, lock-out, accident, war, government action, national emergency, act of terrorism, protest, riot, civil commotion, explosion, flood, epidemic or fire.
Relationship of parties
The parties are each independent contractors. Nothing in this Agreement shall give rise to a partnership, joint venture, agency or any such other relationship between the parties. Neither party shall claim to be a legal representative, partner, agent, franchisee or employee of the other party.
AAL’s privacy statement as displayed on its website and updated from time to time shall apply.
AAL may assign or sub-contract its obligations or rights under this Agreement to a competent third party in whole or in part. You may not assign this Agreement in whole or in part except with AAL’s express written consent.
This agreement is governed by the substantive and procedural laws of England & Wales and the parties agree to submit to the exclusive jurisdiction of, and venue in, the courts in England & Wales in any dispute arising out of or relating to this agreement.