Trident Industrial Safety Limited E-Learning Terms and Conditions
The following terms and conditions (“Terms & Conditions” or “Terms” or “T&Cs”) govern all use of the Trident Safety Group E-Learning Platform (the “Platform”), including any use or viewing of any Content (defined below), services and products available at or through the Platform (collectively, “Services”), by Platform visitors and participants (collectively, “Users”), both unregistered and registered (“Registered Users”). The Platform is owned and operated by TRIDENT INDUSTRIAL SAFETY LIMITED, with a business address 5 Westpoint Business and Trade Centre, Link Road Ballincollig, Cork, P31 AF30, Ireland, e-mail [sales@tridentsafety.com], (“Trident Safety” or the “Company”) in conjunction with Trident Safety USA LLC, with a business address of 10 State St, Suite 210B, Newburyport, Mass 01950. The Services are offered to each User subject to such User’s acceptance of all of these Terms & Conditions and all other applicable terms and conditions, operating rules, policies and procedures that are communicated from time to time on or through the Platform by Trident Safety.
A User should read the T&Cs carefully before browsing or accessing the Platform or any Content or using any Services. By browsing, accessing or using any part of the Platform, including the registration by a Registered User to open an account (a “User Account”), a User agrees to be bound by these Terms & Conditions. If a User disagrees with or cannot follow these Terms & Conditions (in part or in whole), then such User should not browse or access the Platform, use any Services or register to create a User Account.
1. Alteration – We reserve the right to change these Terms and Conditions at any time. Any changes are effective immediately upon written confirmation to you.
2. Capacity -In order to participate in the E-Learning Platform you must be at least 18 years old and you must be legally capable of entering into binding contracts.
3. Fees – Fees are to be paid in advance to Trident Safety. The mechanism by which fees are to be paid will be determined on ad hoc basis.
4. Right of Refusal – We reserve the right to decline any individual or company, or to refuse any booking onto one of our training courses.
5. Cancellations – Cancellations will be accepted and fees refunded, less 15% management fee only if made in writing. Substitutions may be made at any time. No refund will be made to delegates who accessed the course through the login credentials provided.
6. Access – Access to the E-Learning Platform will be granted via website address and password which will be provided to candidates once registered for the training. Only registered users who have paid the fees in full and been provided with login credentials may access the platform. Use of login credentials by anyone other than the registered user is strictly prohibited.
7. Certification – Candidates will complete a quiz at the end of the training session of which the minimum pass threshold is 85 out of 100. Candidates who do not meet this minimum threshold at the first attempt will automatically be provided with a promotional code which will enable them to retake the training one time only.
8. Qualification – This Adequate Instruction for Lithium Batteries training ONLY enables a successful candidate to classify, pack, mark/label and declare Section II Lithium batteries either packed with or contained in equipment.
It DOES NOT qualify a successful candidate to handle, classify, pack, mark/label and declare any other Dangerous Goods.
9. Period of Validity – The certification is valid for a period of two years upon successful completion. Successful candidates must recertify every two years from the date of completion or when the regulations are subject to a significant revision, whichever occurs earliest.
10. Misuse – Participants are required to complete the training course in full to acquire the requisite knowledge and understanding necessary to engage in activities relating to the content of this course. Trident Safety does not accept liability for instances which occur in the course of an individual’s employment, including but not limited to loss or damage, financial or otherwise, which occur due to misuse of the E-Learning Platform. In such instances, even those candidates who successfully complete the quiz and receive a certificate will be deemed to be in breach of the agreed terms and conditions rendering their certificate null and void ab initio (from the beginning).
11. Withdrawal – Disclaimer Trident Industrial Safety Ltd reserves the right to withdraw access to the platform at any time. In the unlikely event of withdrawal, fees will be refunded. Trident Industrial Safety Ltd also reserves the right to reschedule the start dates of all courses and, if necessary, to vary the content. Except where expressly stated, all fees are non-refundable. While every effort has been made to ensure the accuracy of the information on the course, it may be subject to later alteration or amendment in the light of regulation changes, course updates or other constraints.
12. Data Protection – Trident Industrial Safety Ltd treats all information and personal data that individuals or companies provide as confidential and in compliance GDPR. The information provided is used for the purpose for which it was collected to allow Trident Industrial Safety Ltd to provide services.
13. Limitation of Liability – The exclusions and limitations of liability contained in these Terms and Conditions do not apply to: Any loss or damage resulting from death or personal injury caused by negligence; Loss or damage arising from fraudulent misrepresentation; or Any other losses which may not be excluded or limited by law. In no event shall we be responsible to you for any loss of profits, loss of earnings, loss of anticipated savings, loss of revenue or loss of goodwill that you may suffer. Further, in no event shall we be liable to you for indirect or consequential losses that you might suffer. We will not be liable for any loss or damage resulting from death or personal injury, or loss or damage to property caused by negligence attributable to the acts or omissions of third parties. Our maximum aggregate liability to you for any claim is limited to the amount of the course fee paid.
14.Copyright – In accordance with Copyright Law you are not permitted to reproduce or modify any part of a course, store it in a retrieval system or transmit it in any form by any means – electronic, mechanical, photocopying, recording or otherwise without the prior written permission of Trident Industrial Safety Ltd.
15. Intellectual Property Rights – All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork (collectively, “content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content which bear the Trident name and logo, contained on the course is owned, controlled or licensed by Trident Industrial Safety Ltd. Except as expressly provided in these Terms of Use, no part of the course and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any computer, server, Web site or other medium for publication or distribution or for any commercial enterprise.
16. Jurisdiction – The competent jurisdiction with which these terms and conditions shall be governed and construed in accordance with will vary according to the geographical location of where the e-learning is delivered.
The geographical variances are as follows:
Europe – These terms shall be governed by, and interpreted in accordance with the laws of the Republic of Ireland.
Where the e-learning platform is delivered in an EU Member State any and all disputes arising out of or related to the subject matter of these terms or the e-learning platform they represent, shall be governed, construed, and enforced in a court of competent jurisdiction in the Republic of Ireland.
Where the e-learning platform is delivered in a non-EU Member State any and all disputes arising out of or related to the subject matter of these terms or the e-learning platform they represent, shall be brought before the International Court of Arbitration.
Switzerland, Norway, Iceland and Liechtenstein – These terms shall be governed by, and interpreted in accordance with the laws of the Republic of Ireland. Any and all disputes arising out of or related to the subject matter of these terms or the e-learning platform they represent, shall be governed, construed, and enforced in a court of competent jurisdiction in the Republic of Ireland. Pursuant to The Lugano Convention 1988 the judgment may then be subsequently enforced in the country in which the dispute arose.
United States of America – These terms shall be governed by, and interpreted in accordance with the laws of the Commonwealth of Massachusett, USA. Any and all disputes arising out of or related to the subject matter of these terms or the e-learning platform they represent, shall be governed, construed, and enforced in a court of competent jurisdiction in the Commonwealth of Massachusett, USA.
Asia – These terms shall be governed by, and interpreted in accordance with laws of Singapore. Any and all disputes arising out of or related to the subject matter of these terms or the e-learning platform they represent, shall be governed, construed, and enforced in the Singapore International Commercial Court.
Middle East – These terms shall be governed by, and interpreted in accordance with laws of the Republic of Ireland. Any and all disputes arising out of or related to the subject matter of these terms or the e-learning platform they represent, shall be brought before the Dubai International Arbitration Centre.
17. Complaint – In the event you are not satisfied with any aspect of the course please contact us in writing stating in what respects you are not satisfied.
18. Entire Agreement – These Terms constitute the entire agreement between us in relation to the provision by us to you of the course and they replace and supersede any prior arrangements between us in relation to the publication. You acknowledge that you are not relying on any statement made by us or any of our representatives with regard to the course other than those expressly set out in these Terms.
19. Agreement – When you register for a course with Trident Industrial Safety Ltd whether it be by telephone, post, email or web platform, it is a condition of all registrations that you have read, understood and accepted these Terms & Conditions. A copy of our “terms of sale” is available on request.