Please read these Terms of Service carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using the "trainingigs" platform, you agree to comply with and be bound by these Terms of Service.

Welcome, and thank you for using trainingigs!

“TRAINING BUYER” or “BUYER" means the individual or organisation that buys training services via the Company’s platform. Where the Training Buyer is not the Learner, the Training Buyer will ensure that the Learner complies with any obligations in these Terms that are specific to the Learner

“TRAINING PROVIDER” or “PROVIDER”  means the individual or organisation that offers or provides training services via the Company’s platform.

“TRAINING INSTRUCTOR” or “TRAINER” or “INSTRUCTOR” means the individual that delivers the training services to Learners.

"LEARNER" or “STUDENT” means the named person for whom a Training Provider has agreed to provide a Training Service in accordance with these Terms.

“CONTRACTING PARTY” means an individual or organisation using the Company’s platform to enter in agreement with another Contracting Party. A Contracting Party may be both a Training Provider and a Training Buyer under this agreement.

"AGREEMENT" means the contract for the provision of a Training Service.

"COMPANY", "Trainingbrite", "we," "us," or "our,"  means Trainingbrite Ltd. of 7 Bell Yard, London, WC2A 2JR, and its affiliates, and each of its and their respective officers, directors, agents, partners and employees.

“TRAINING SERVICE” means a Scheduled Training Course, a Private Training Course, a Bespoke Training Course, Tuition, or Coaching.

“TRAINING COURSE" or "COURSE" means the service to be provided by a Training Provider to one or more Learners and referred to by a listing title on the Platform and in the Booking Form, and more particularly described in the Published Literature.

“SCHEDULED TRAINING COURSE" or “SCHEDULED COURSE" means a Training Course that is open to any Learner and planned to be delivered on specific dates by a specific training instructor. 

“BESPOKE TRAINING COURSE", or “PRIVATE TRAINING COURSE", or “BESPOKE COURSE" means a Training Course that can be customised to meet the specific needs of a Training Buyer, and delivered at a location and time requested by the Training Buyer.

"TUITION" means teaching individual pupils or small groups.

"COACHING" means providing ongoing feedback and support to a Learner or a group of Learners, giving an opportunity to periodically hear about aspects of the Learner(s) performance, and to play a role in figuring out how to best adopt or modify individual or team behaviour for success

“COURSE LISTING” means a training course or any other training service that is offered by a Training Provider via the Company’s Platform, and that can be purchased by a Training Buyer.

"FEE" or "TRAINING FEE" or "COURSE FEE" means the total cost of the Training Service to the Training Buyer, and includes the TRAININGBRITE FEE and any other expenses and incidentals as set out in the Published Literature.

"TRAININGBRITE SERVICES" means the services:

• provided through the Platform to Training Providers to list, plan, promote, manage booking, and collect payments for Training Services, and
• provided through the Platform to Training Buyers to discover, evaluate, book and pay for Training Services

"TRAININGBRITE FEE" means the the commission retained by Trainingbrite as a percentage of the COURSE FEE.

"PAYMENT PROCESSING FEE" means the fee charged by the Payment Service Provider to the COMPANY for each transaction occurring through their system.

"COURSE MATERIALS" means any Documents, vouchers or other materials, and any data or other information provided by the Company relating to the Course.

"PUBLISHED LITERATURE" means the Company’s website, brochures and other information documents containing details of the Company, Training Providers, Courses, and any Training Service being offered, and any other information that may be relevant to Learners and Prospective Learners from time to time.

"PLATFORM" means the Websites operated by the Company (and available at: http://www.trainingigs.com and any of its regional or other domains or properties), and any related service, tool, or application, specifically including mobile web, any iOS App and any Android App, or API or other access mechanism.

"BOOKING FORM" means the form or forms completed by the Training Buyer to request a quotation, book, or pay for the Training Service.

"DISPUTE RESOLUTION" means the process to be followed by Training Providers and Training Buyers to resolve issues.

"USER", "YOU" or "YOUR" means an individual who visits or uses the Platform, including via the API.

 

Overview

The Platform is an online venue where Training Providers offer training services, and Training Buyers find Training Services, and arrange to book and pay for such services. The Platform allows Users to communicate with one another. Training Providers and Training Buyers must register for an account in order to buy or sell Training Services.

Trainingbrite is not the provider of the training services listed on the Platform. Rather, Trainingbrite provides services which allow Training Providers to list, plan, promote, manage booking, and collect payments for Training Services.

The Company is not a party to any contractual agreements between Training Providers and Training Buyers in the online venue, we merely facilitate connections between the parties. We make no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between Users. You are solely responsible for your interactions with other Users. 

The Company reserve the right, but has no obligation, to monitor interactions between Users. Trainingbrite is not a party to any disputes between Training Providers and Training Buyers, although we provide a dispute resolution mechanism to assist the parties in resolving issues.

Eligibility

You will not use the Platform if you:

• are not able to form legally binding contracts;
• are under the age of 18;
• are a person barred from receiving and rendering services under any laws;
• are suspended from using the Platform; or
• do not hold a valid email address.

Account

You may be required to establish an account on the Platform (an “Account”) to access certain portions of the Platform. When you create an account on the Platform in order to interact with the site and use its services, you will provide certain information about yourself (e.g., information concerning your experience, your location, etc.).  It is a condition of your use of the Platform that you provide complete and accurate information to Trainingbrite. Trainingbrite may use third party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize Trainingbrite to request, receive, use, and store such information for a reasonable period of time. You authorise Trainingbrite, directly or through third parties, to make any inquiries we consider necessary to validate your identity.

Your account, including your user identification and password (the “Account ID”), is personal in nature. Your account is for Your personal use and your Account ID may be used only by You alone. You may not distribute or transfer Your Account or Account ID or provide a third-party with the right to access Your Account or Account ID. Whereby a Training Provider establishes accounts for its affiliated Training Instructors, the Training Provider must acquire the necessary authorizations, consents, permissions, and approvals from Training Instructors.

You are solely and fully responsible for all liabilities and damages arising from all use of the Platform or Content through Your Account, as any transactions completed through your Account or Account ID (whether lawful or unlawful) will be deemed to have been lawfully completed by You.  You will ensure the security and confidentiality of Your Account ID and will notify Trainingbrite immediately if your Account ID is lost, stolen or otherwise compromised.

Contracting Parties

Upon the Training Buyer booking a Training Service from the Training Provider, and the Training Provider’s acceptance, the Training Provider and Training Buyer will be deemed to have entered into a contract (the "Contract") under which the Training Buyer agrees to purchase, and the Training Provider agrees to deliver the Training Service. You agree not to enter into any contractual provisions in conflict with this Agreement.

You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a Training Provider or Training Buyer, or in any other uses you make of the Platform.

If another Contracting Party breaches any obligation to you, you are solely responsible for legally enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract.

To the extent that any component of this Agreement is in conflict with inalienable rights under local laws, all parties intend for this agreement to be read down only insofar as to be in compliance with such local laws and no further.

Additional Terms for Training Providers
Trainingbrite is merely a communication platform, therefore if you list your Training Services, your relationship with Trainingbrite is not a contractual one, you are not an employee, agent, joint venturer or partner of Trainingbrite for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Trainingbrite.

As a Training Provider you agree to:

• provide Training Services to Learners as described in the Published Literature and subject to these Terms.
• provide complete and accurate information as to each Training Service listed through the Platform.
• notify the Learner or the Training Buyer (if different) if any changes to the Training Service are necessary, if these changes materially affect the nature or quality of the Training Service, or the qualification or certification to be gained at the end of the Training Service.
  
• list only Training Services that can be directly and reliably delivered
• honour your stated return policy, and providing a resolution when a Training Buyer reports a problem with an order
• honour Trainingbrite's commitments to Training Buyers, including (but not limited to) terms of payment, buyer protection, re-scheduling, cancellation and dispute resolution
• complete the transaction with the Training Buyer on the Platform, including perform any required task within the required time frames
• pay Trainingbrite all applicable service fees for each Training Service sold through the Platform
  
• allow a representative of Trainingbrite to audit the delivery of Training Services to ensure adherence to the Published Literature.
• allow Trainingbrite, after a training course has been delivered, to ask Learner to complete a 'Training Evaluation Form' (TEF), to ensure an acceptable standard of quality is maintained 
  
• pay all taxes, commissions, and other fees relating to or arising out of its activities under this Agreement.

As a Training Provider you agree not to:

• modify the training instructor, or any other material aspect of the listed Training Service, without prior agreement with the Company and the Training Buyers that have already purchased the Training Service, as this is considered to materially affect the quality of the Course.
  
• offer the training service on other websites or platforms at a price which is lower than the price offered on our Platform.
  
• cancel the delivery of a Training Service, unless reasonably necessary. A Training Provider who must cancel a listed Training Service must contact Trainingbrite as early as possible at admin@trainingbrite.com. Note that repeated inability to perform agreed-upon Training Services may result in termination of Training Provider’s Account, at the Company’s discretion. Should the training provider cancel a training on short notice (7 days or less before the start of the training), Trainingbrite reserves the right to charge the Provider for a related loss of business up to 25% of the total amount of lost commissions as a penalty for breach of contract.
• offer training services on Trainingbrite which exceed the price charged for the same service elsewhere.

If Trainingbrite believes that the Training Services provided by the Training Provider do not conform to reasonable standards, or that any of the terms above are not fully adhered to and complied with, Trainingbrite will notify the Training Provider and reserves the rights to remove the Training Services and/or the Training Provider the from the Platform, until all concerns have been resolved, or indefinitely at the full discretion of Trainingbrite.

Fees and Charges 

Fees and Charges between the Training Provider and the Training Buyer.

The Training Buyer shall pay the Course Fees as to 100% on submission of the Booking Form.

Where the Training Buyer’s accounting practices require the use of a purchase order (PO) number, the Training Buyer shall contact the Trainingbrite Platform administrator (via the website, or emailing admin@trainingbrite.com) providing the course title & dates, instructor’s name, a valid PO number and a contact person; the administrator will arrange for the PO to be raised.

The Training Provider is not obliged to hold a place for a Learner on a particular Course where the Training Buyer has not paid any Course Fees. The Training Provider reserves the right to refuse the Learner admission to the specific Course booked where all Course Fees have not been paid in full by the times set out in this Terms.

Fees and Charges between the Company and the Training Buyer.

Trainingbrite Fee  (if applicable) is included in the amount paid by the Training Buyer. Trainingbrite does not charge any additional fees to the Training Buyer.

Fees and Charges between the Company and the Training Provider

Trainingbrite may retain a service fee (the Trainingbrite Fee) from the pay-out to the Training Providers for use of the Trainingbrite Platform.

The Trainingbrite Fee may vary between 3% and 18% of the total cost paid by the Training Buyer, depending on the Training Provider’s transaction volume and contribution to marketing.

For Training Services that are paid for by the Training Buyer through the Platform, the Trainingbrite Fee is automatically deducted from the Training Provider’s pay-out. 

For Bespoke Private Training Courses arranged through the Platform, the Trainingbrite Fee is due by the Training Provider on completion of the transaction between the Training Provider and the Training Buyer. 

Trainingbrite may waive the Trainingbrite Fee (or part of it) for trials of the platform or for certain social impact Training Services. Except as otherwise provided on the Platform, these fees are non-refundable.

The Trainingbrite Fee includes the VAT where applicable.

For training courses that require delegates to take an exam to achieve certification, whereby the training provider is required to purchase an exam voucher (for each delegate) from the relevant accrediting organisation, or pay an examination fee to the relevant examination board, Trainingbrite will refund the Training Provider an amount equal to the Trainingbrite Fee for the cost of examination incurred, less the incurred Payment Processing Cost. This is subject to the training provider being able to demonstrate that such costs have been incurred.

Trainingbrite reserves the right to change the fees at any time, and will provide Training Providers notice of any fee changes before they become effective. Trainingbrite Fee  changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time.

Payment Collection (from Training Buyer) and Release (to Training Provider)

Where the Training Provider elects to use the Platform for collecting payments from Training Buyers, Fees for Training Services shall be due and payable by the Training Buyer on submission of payment details on the Booking Form.

Payment Service Provider (PSP): Trainingbrite uses Stripe as a third-party PSP to process payments. Stripe enables the Platform to collect payments from Training Buyers by charging the credit card or debit card provided on the Booking Form, and to effect payments to Training Providers’ bank accounts.

Stripe Payments UK Limited is regulated by the U.K. Financial Conduct Authority (reference number: 900461). Stripe Technology Europe, Limited is regulated by the Central Bank of Ireland (reference number: C187865).

Timing of Payment. Trainingbrite accepts the payment from the Training Buyer at the time of booking, and releases the pay-out to the Training Provider by 14:00BST on the first day of training at the latest.

The Training Provider is required to accept the booking request on the Platform within three (3) days of the successful submission of the Booking Form by the Training Buyer. Trainingbrite charges the total cost due after the Training Provider has accepted the Training Buyer’s booking request. If the transaction is not accepted within 3 days, the transaction is cancelled, and no money is transferred.

Money is collected from the Training Buyer’s card following acceptance of the booking request by the Training Provider, and funds are put on hold in the Stripe balance. 

Buyer Protection

Under certain conditions, the Training Buyer has until 12:00PM of the scheduled commencement date of the purchased Scheduled Training Course to dispute the transaction and request a refund. Subject to all conditions being met, the Training Provider agrees to refund the paid Course Fees.

All of the conditions provided below must be met for a dispute and refund request to be considered under this Buyer Protection clause:

• the Training Buyer has fully paid for the Training Course using the Trainingbrite online Payment Booking Form
• the Training Buyer has submitted the Booking Form on the Platform within eighty-five (85) days from the scheduled commencement date of the Training Course; 
• the Training Buyer has not marked the transaction with the Training Provider as "completed" on the Platform
• the registered Learner attends the Training Course on the scheduled commencement date with a genuine intent to participate and learn
• the registered Learner meets all the requirements specified in this Agreement, including satisfying any prerequisite criteria, and taking action within the required time frames
• the dispute and request for refund is submitted to Trainingbrite through the Platform no later than 12:00PM of the scheduled commencement date of the purchased Scheduled Training Course
• the Training Buyer does not seek resolution for the same issue by another resolution method 

After 12:00PM BST of the scheduled commencement date, the Platform Administrator will mark the transaction as “completed” (unless it has already been marked as "completed" by the Training Buyer), releasing the transfer of funds from the Stripe balance to the Training Provider’s bank account.

The Training Buyer can choose to mark the order as “completed” at any time prior to the commencement of the delivery of the Training Service, for the money to be released from the Stripe balance to the Training Provider’s account.

Funds can be on hold in the Stripe balance for a maximum of eighty-five (85) days, after which the Platform automatically marks the transaction as “completed”, releasing the transfer to the Training Provider’s account. 

If a requested booking is not accepted by the Training Provider, or the Training Buyer cancels the booking request before it is accepted by the Training Provider, any amounts collected by will be refunded, and any pre-authorization will be released (if applicable).

Your Payment Method, Your Responsibility. Trainingbrite is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.

 

Company’s Warranties and Liability

Except in respect of death or personal injury caused by the Company’s negligence, the Company shall not be liable to the Training Provider or to the Training Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Company, its servants or agents or otherwise) which arise out of or in connection with the provision of the Training Service, and the entire liability of the Company under or in connection with the Contract shall not exceed the amount of the Course Fees, except as expressly provided in these Terms.

The Company shall not be liable to the Training Provider or to the Training Buyer, or be deemed to be in breach of the Contract, by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Platform and its Services, if the delay or failure was due to any cause beyond the Company’s reasonable control.

The Company shall not be liable to any Party for for any loss of profit or loss of revenue arising out of or in connection with:

• any indirect loss;
• any loss of goodwill, business, reputation or opportunity;
• any loss caused by supply of inaccurate or incomplete information by the Party; or
• any loss of or corruption of data or software, no matter how fundamental (including by reason of that party's negligence) whether or not that party had been informed of or was aware that there was a serious possibility of such loss.

The Company may, from time to time, and without notice, change or add to the Platform or the information, products or services described in it. However, we do not undertake to keep the Platform updated. The Company is not liable to anyone if any error occurs in the information on the Platform or if that information is not current.

Training Provider’s Warranties and Liability

The Training Provider warrants to the Training Buyer that the Training Services will be delivered by the training instructor named in the Published Literature, in accordance with the Booking Form and to the Published Literature displayed on the Platform, and at the time or times referred to in the Booking Form.