GSMA ADVANCE TRAINING — STANDARD TERMS AND CONDITIONS
GSMA ADVANCE TRAINING
STANDARD TERMS AND CONDITIONS
The following constitute the terms and conditions to which applicants agree when booking any standard GSMA face-to-face training or e-learning courses. (“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. GSMA (GSM Services LLC, 165 Ottley Drive, Suite 203, Atlanta, GA 30324, USA) and you shall each be referred to as a “Party” and together as the “Parties” in these 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, whether printed or available online, provided by GSMA in relation with the training (“GSMA Training Material”). GSMA reserves the right to review and update these Terms & Conditions periodically at its sole discretion. You will accept and be bound by these Terms & Conditions, either by clicking a box indicating your acceptance or by executing an order form that references this agreement, or by using or accessing GSMA Training Material, you agree to be bound by these Terms & Conditions.
E-Learning Training. GSMA training courses can be booked via submitting an Order Form to participate in a GSMA Advance E-learning Course, or through the GSMA Advance portal (https://gsmaadvance.com) or GSMA Advance Apps (collectively “GSMA E-learning Course”). When you submit a booking for a GSMA E-learning Course, your submission represents an offer to GSMA to book you onto the course you selected. As soon as your application of enrolment has been accepted your booking will be entered onto the GSMA system and you will receive follow up communication including the title and nature of the course you have enrolled in.
Face-to-Face (F2F) Training. GSMA face-to-face training courses can be booked via submitting an Order Form to participate in a GSMA Advance F2F Training Course, via the GSMA Advance portal (https://www.gsmaadvance.com), via the relevant GSMA MWC or GSMA M360 website, or GSMA Advance Apps (collectively “GSMA F2F Training Course”). When you submit a booking for a GSMA F2F Training Course, your submission represents an offer to GSMA to book you onto the course you selected. As soon as your application of enrolment has been accepted your booking will be entered onto the GSMA system and you will receive follow up communication, including the title of the course you have enrolled in.
Bulk Subscription. You may elect to purchase seats for multiple courses in advance (whether GSMA E-Learning Courses or GSMA F2F Training Courses, or combination of both) within a specific period of time (usually 12 months) (“Bulk Subscription”). Please contact GSMA at [email protected] if you wish to make a Bulk Subscription. The specific details of the Bulk Subscription shall be agreed by the Parties and an Order Form will be issued by GSMA reflecting such agreement. No booking of any course can be made unless full payment of the fees has been paid in accordance with these Terms and Conditions. When you submit a booking for a course, your submission is an offer to GSMA to book you onto the course you selected. As soon as your application of enrolment has been accepted your booking will be entered onto the GSMA system and you will receive follow up communication including the title of the course you have enrolled in.
- DELIVERY & CERTIFICATION
GSMA E-learning Course and GSMA F2F Training Course (collectively “GSMA Advance Training”) may be delivered by GSMA in-house expert or GSMA selected training partner (“Partner”). Details of the GSMA in-house expert and/or Partner (as the case may be) will be clear and visible on the GSMA Advance portal and on all GSMA Training Materials. You must complete the GSMA Advance Training within the stipulated completion timeframe.
Upon successful completion of the relevant GSMA Advance Training, GSMA may issue to you a certificate either: (i) if the GSMA Advance Training is delivered by GSMA in-house expert , in the sole name of GSMA; or (ii) if the GSMA Advance Training is delivered by a Partner, in the joint names of GSMA and such Partner (the “GSMA Advance Training Certificate”). The GSMA Advance Training Certificate is:
- only issued once full payment is received;
- cancellable in the case of any breach of these Terms & Conditions; and
- to be used solely as a proof of completion of the relevant GSMA Advance Training.
GSMA may also partner with accreditation bodies in providing the GSMA Advance Training. If the GSMA Advance Training you have attended is an accredited course, in addition of the GSMA Advance Training Certificate, you may also receive a digital accreditation certificate issued by such partnering accreditation body.
If the GSMA Advance Training includes a final quiz, test or assignment (“Final Examination”), then the issuance of the GSMA Advance Training Certificate and Partner’s digital accreditation (if any) will be subject to your passing of the Final Examination. You will have a maximum of three (3) attempts to pass the Final Examination within the completion timeframe for the GSMA Advance Training. If you fail: (a) to complete the GSMA Advance Training within the completion timeframe; or (b) the Final Examination, neither the GSMA Advance Training Certificate nor the Partner’s digital accreditation will be issued to you. You will however be permitted to subsequently rebook and retake the GSMA Advance Training at a 50% discount off the standard fee.
GSMA Advance Training fees or invoices can be paid as directed by GSMA at the point of booking confirmation, including but not limited to, via a secure online payment process (all major credit and debit cards are accepted), by wire transfer or card. If booking is made via submitting an Order Form and payment is made by card, an administration fee will apply. In all cases, full payment must be received prior to start of training.
You shall pay the fees in accordance with the payment terms stated within these Terms & Conditions and the Order Form (if applicable). Except as otherwise specified, fees are payable by you to GSMA either: (i) if the GSMA Advance Training commences in more than thirty (30) days, within thirty (30) days of the date of the relevant invoice issued by GSMA; or (ii) if the GSMA Advance Training commences in less than thirty (30) days from the date of the relevant invoice issued by GSMA, immediately upon booking confirmation.
If you require a purchase order, it must be made available by you to GSMA in a timely manner so as to ensure payment is made in line with the payment terms set out in the Order Form and these Terms and Conditions. Any terms and conditions submitted by you alongside a purchase order are void and of no effect. Where you require that the: (i) purchase order number needs to be included in the invoice; and/or (ii) date of the purchase order needs to be in advance of the invoice, then you shall provide the purchase order details up-front as the GSMA will not reissue invoices to accommodate these changes. Please note that if you do not provide accurate details to the payment processor (including type of card and number) or if your bank, employer, credit card company, or other payee does not authorise payment, your application will be deemed void and GSMA will deny your access to the GSMA Advance Training. GSMA will not accept any liability for costs incurred as a result of applications deemed void and denial of access by GSMA in this manner.
The fees do not include any direct or indirect local, state, federal, or foreign taxes, levies, duties or similar governmental assessments of any nature, including, but not limited to, consumption taxes such as goods and services tax, value-added, sales, or use taxes, or withholding taxes, or any tax on data services or digital services (the “Tax”). To the extent that the fees are subject to Tax, the fees will be increased by the amount of such Tax and GSMA reserves the right to recover such amounts from Customer at any time. Customer shall be responsible for the payment of any and all Taxes, charges, levies, assessments and other fees of any kind imposed by any government or other authority in respect of its sale or other distribution of the GSMA Advance Training.
If you fail to make payment of the fees in full by the invoice due date then, without prejudice to any other rights GSMA may have hereunder, interest shall accrue thereon for the period from the date of invoice to the date of actual full payment at a rate equal to the base lending rate from time to time of the Wall Street Journal prime rate, as in effect from time to time, plus five (5) percent.
Where you require a purchase order, this must be made available by you to GSMA in a timely manner so as to ensure payment is made in line with the payment terms in this Clause. Any terms and conditions submitted by you alongside a purchase order are void and of no effect. Where you require that the: (i) purchase order number needs to be included in the invoice; and/or (ii) date of the purchase order needs to be in advance of the invoice, then you shall provide the purchase order details up-front as GSMA will not reissue invoices to accommodate these changes.
- RESTRICTIONS AND PERMISSIONS.
Nothing contained herein grant you any rights to use the GSMA name, logo, or trademarks. All information provided by GSMA (including the GSMA Training Material which, for the avoidance of doubt, covers both materials prepared by GSMA and Partner(s)) is the property of GSMA or third parties and are protected by copyrights, trademarks, trade secrets, or other proprietary rights belonging to GSMA or those third parties. You and your organisation shall comply with all copyright laws worldwide in your use of the GSMA Training Material and prevent unauthorized copying of the information displayed thereon. Except as provided herein, GSMA does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information in the GSMA Training Material or the information displayed thereon. You may not sell, resell, share, sublicence or otherwise make the GSMA Training Material or information displayed thereon available in any manner or on any media to any third party except as permitted by these Terms & Conditions. You are permitted to view and download the information provided on the GSMA Training Material solely for your internal use. You may not allow anyone else to access the GSMA E-learning Course via your log-in details. 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 GSMA F2F Training Course are being provided. GSMA reserves the right to remove any delegate from a GSMA F2F Training Course whose behaviour is deemed inappropriate by GSMA or its trainers. In these circumstances, GSMA will neither refund any fees nor reimburse any other costs of the delegate(s) concerned.
All intellectual property rights in all GSMA Training Material available, including the design, graphics and text of all printed materials and the audio of all webinars and podcasts, are owned by GSMA and/or Partner(s). When you are given access to the GSMA Training Material, you are granted a non-exclusive, non-transferable, revocable license to use the GSMA Training Material. No GSMA Training Material may be copied, reproduced, uploaded, posted, displayed or linked to in any way, in whole or in part, without GSMA’s prior permission. Any such use is strictly prohibited and will constitute an infringement of GSMA’s intellectual property rights.
You agree not to use or access the GSMA E-learning Course in any manner that could damage, disable, overburden or impair any GSMA server, or any network(s) connecting to any GSMA server, and not to interfere with any other party’s use and enjoyment of the GSMA Training Material. You may not attempt to gain unauthorized access to the GSMA E-learning Course or to any computer systems or networks connected to any GSMA server, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the GSMA E-learning Course.
You agree that when using the GSMA E-learning Course or attending a GSMA F2F Training Course, you will not:
- Use any material or information that is made available through the GSMA Training Material in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any person.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of the GSMA E-learning Course or another’s computer or the property of another.
- Restrict or inhibit any other user from using the GSMA Training Material.
- Violate any applicable laws, rules or regulations.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices, proprietary designations, or labels of the origin or source of software or other material contained in a file that is uploaded.
- DATA PROTECTION
Cancellation by You.
GSMA F2F Training Course. If you cancel a GSMA F2F Training Course you must notify GSMA in writing, which may be sent by email to: ([email protected]). You will not be entitled to any refund.
GSMA E-learning Course. If you cancel any GSMA E-learning Course you must notify GSMA in writing, which may be sent by email to: ([email protected]). You will not be entitled to any refund. You may with no charge transfer your booking to the same course on an alternative date provided that: (i) you notify GSMA in writing not less than 10 days before the start of the training, and (ii) if there is availability. You will not be entitled to transfer more than once. If the course You have requested to be transferred to is unavailable for any reason GSMA shall at its sole discretion either: (i) offer You alternative course; or (ii) refund You in full.
If you fail to attend the GSMA F2F Training Course or the GSMA E-learning Course on which you are booked without giving prior notice to GSMA, we are unable to refund the course fees or offer a transfer.
Cancellation by GSMA. GSMA reserves the right to cancel any training course for any reason by providing notice to you as soon as reasonably possible prior to the training course scheduled commencement date. Nevertheless, GSMA will not be liable for any expenses incurred by you due to such cancellation. Your sole and exclusive remedy in the event of cancellation by GSMA, is that you may elect by emailing ([email protected]) to: (i) receive a full refund of registration fees paid; or (ii) transfer to attend another GSMA E-learning or F2F training course which must be within 3 months of the date of the original course for another course offered by GSMA, subject to availability (if the course you have requested to be transferred to is unavailable for any reason GSMA shall in this instance refund You in full).
Refund. Any refund by GSMA under these Terms and Conditions will be made to your original payment method within 30 days from either (as applicable): (i) the date you elect for a refund; or (ii) the date GSMA denies your request to transfer, subject to your provision of all necessary information (including without limitation MT103) for GSMA and the bank to process the refund to the bank account which the original payment came from. GSMA will not be liable for any costs or losses as a result of any delay in processing such refund.
Special Conditions for Bulk Subscription. Notwithstanding any other provision of these Terms and Conditions, no refund will be available for a Bulk Subscription.
- YOUR ACCOUNT
You agree that GSMA may immediately discontinue, suspend, terminate, or block your and any other user’s access to the GSMA Training Material at any time in our sole discretion, if we believe that you have violated or acted inconsistently with the letter or spirit of this Terms & Conditions, or any additional posted guidelines, rules, and/or terms and conditions applicable to the GSMA Training Material. You agree that any termination of your access to the GSMA Training Material under any provision of these Terms & Conditions may be effected without prior notice, and acknowledge and agree that GSMA may immediately deactivate or delete your password and username and all related information and files associated with it and/or bar any further access to such files. GSMA shall not be liable to you or any third party for any termination of your access to the GSMA Training Material. The Clauses entitled “Restrictions and Permissions”, “No Warranty”, “Disclaimers”, Limitation of Liability”, “Indemnification”, “Proper Use”, “General” and any other section that, by its nature, would be intended to survive, shall survive expiration of these Terms & Conditions.
- WARRANTY AND DISCLAIMER
GSMA does not warrant that the provision of any GSMA E-learning Course will always be available or be uninterrupted, timely or error free, that defects will be corrected or that such content is secure or free from bugs, viruses, errors and omissions. Save as set out in these Terms & Conditions, GSMA gives no express warranties, guarantees or conditions. To the extent permitted under your local laws, GSMA excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, without limiting the foregoing, GSMA expressly excludes any warranty regarding the accuracy or reliability of the information contained in the GSMA Training Material. Such information is provided on an “as is” basis.
- LIMITATION OF LIABILITY
The GSMA Advance Training, the GSMA Training Material, the GSMA Advance Training Certificate and/or any associated matter are solely for the benefit of you and for information purposes only. GSMA shall not be liable for any third-party reliance on or claim regarding any of the GSMA Advance Training, the GSMA Training Material, the GSMA Advance Training Certificate and/or any associated matter. Your decision regarding whether to use and, if so, how to use the GSMA Training Material and the GSMA Advance Training Certificate is yours alone. GSMA does not accept responsibility for anyone acting as a result of information in, or views expressed on, its training courses including course materials. Opinions expressed are those of individual trainers and not necessarily those of GSMA. Participants should take professional advice when dealing with specific situations. Any third party that has been contracted by GSMA to provide any information, data or other inputs used by or in the GSMA Training Material (a “Third Party”) shall have no liability to you under any circumstances under these Terms & Conditions or as a result of your use of the GSMA Training Material, the GSMA Advance Training Certificate or the information contained therein. In no event, whether based in contract, tort or howsoever arising, shall GSMA or a Third Party be liable for incidental, indirect, special or consequential damages of any kind or for loss of profits or revenue or loss of business arising out of, or in connection with your use of the GSMA Training Material and the GSMA Advance Training Certificate whether or not GSMA or a Third Party, or both of them, was advised of the possibility of such damage. GSMA’s liability to you under these Terms & Conditions will not exceed training course registration fee paid by you. This limit does not apply to any liability GSMA may have for death or personal injury resulting from GSMA’s negligence.
You agree to indemnify, defend, and hold harmless GSMA, its affiliates, agents, employees and licensors and any Third Party from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the GSMA Training Material, the GSMA Advance Training Certificate or use of the information displayed thereon, in violation of these Terms & Conditions, or any violation by you of any law or regulation or violation of any proprietary rights in connection with your use of the GSMA Training Material, the GSMA Advance Training Certificate or the information displayed thereon.
- ENTIRE TERMS & CONDITIONS
These Terms & Conditions, together with the Order Form, constitute the entire agreement between GSMA and you with respect to the GSMA Advance Training (including the use of GSMA Training Material and the GSMA Advance Training Certificate), and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and GSMA with respect to the GSMA Advance Training (including the use of GSMA Training Material and the GSMA Advance Training Certificate). If for any reason a court of competent jurisdiction finds any provision of these Terms & Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms & Conditions, and the remainder of these Terms & Conditions shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
- MODIFICATIONS TO TERMS & CONDITIONS
These Terms & Conditions are subject to change by GSMA without notice. All amended Terms & Conditions shall automatically be effective 30 days after they are initially posted on the GSMA Training Material. It is Your responsibility to return to these Terms & Conditions from time to time to review the most current version. GSMA does not and will not assume any obligation to notify You of changes to the Terms & Conditions.
- GOVERNING LAW & JURISDICTION
The construction, validity and performance of these Terms & Conditions are exclusively governed by the laws of the England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
These Terms & Conditions may be translated into one or more languages other than English. In the event of any deviation or conflict between the English version and any version translated into another language, the English version shall control and be binding on the Parties hereto.