Terms and Conditions

1- Definition and Interpretation

In these General Terms and Conditions, the following expressions shall have the meanings set out below:

“Agreement”: a legally binding agreement between you (whether an individual, corporation, or other entity) and IPotencia;

“Attendee”: the person registered to attend or nominated by the Client in the Registration Form;

“Client”: the person or entity requesting to attend or nominate a person to attend a Training who is bound by the duties and obligations emanating from the said Agreement;

“Training”: the particular IPotencia training course; module; workshop, seminar; programme or event described on the IPotencia website or within the Training calendar;

“Fee”: the charges set out for the “Training” and payable by the Client to IPotencia;

“Registration Form”: the IPotencia registration form and any document which is to be submitted by any Attendee to attend an IPotencia Training;

“Data Protection Legislation”:  all applicable data protection and privacy legislation, regulation and guidance including: Regulation (EU) 2016/679 (the “General Data Protection Regulation” or the “GDPR”), the Privacy and Electronic Communications (EC Directive) Regulations 2003; any guidance or codes of practice issued by any data protection regulator from time to time, and any corresponding or equivalent national laws or regulations relating to processing of personal data and privacy in any jurisdiction relating to the processing of personal data (each as amended, updated or re-enacted from time to time);

“Intellectual Property Rights”: any current and future intellectual property rights, including:

1. copyright, trademarks, trade names, domain names, rights in logos and get-up, inventions, confidential information, trade secrets and know-how including commercial know-how, design rights, patents, all rights of whatsoever nature in computer software and data, rights in databases, privacy rights;
2. all intangible rights and privileges of a nature similar, analogous or allied to any of the above;

in every case in any part of the world and whether or not registered, including in relation to the above: (i) all granted registrations and all applications for registration; (ii) all renewals, reversions or extensions; (iii) the right to sue for damages for past infringement; and (iv) all forms of protection of a similar nature which may subsist anywhere in the world.

“Training Materials”: any materials or documents provided by IPotencia as part of the Training.

2- Fees

2.1 Unless otherwise agreed to in writing by the parties, payment of fees is required upon registration or purchase.

2.2 IPotencia will not guarantee registration at its Training until payment has been received prior to the start of any given Training.

2.3 The fee covers the provision of standard/adequate Course material and documentation.

2.4 All Trainings, including live Webinar modules, are per single natural person registration and viewing only. They may not be distributed or viewed by another person or persons, nor may they be used for group viewing.

3- Refunds and Cancellations

3.1 Client may cancel its registration for any Training by providing IPotencia with a minimum of ten days’ written notice before the start of the Training. No refunds of payments effected shall be given. However, the Client shall be entitled to a credit equivalent to the same amount. Such credit must be used within twelve months for any Training organized by IPotencia.

3.2 In the event that the Client’s notice for cancellation is less than the minimum of ten days, the full Fee for such Training shall remain chargeable, and no refund or credit note will be granted to the Client.

3.3 Client may substitute an alternative attendee to the initial one, provided that IPotencia agreement is obtained in writing at least five business days prior to the commencement date of the relevant Course.

3.4 Where the Client wishes to amend the dates of the Training, IPotencia shall use reasonable endeavours to accommodate any such request and shall, where possible, mutually agree alternative date (s) with the Client which shall be no more than twelve months after the original Training date. IPotencia does not guarantee that alternative dates will be available. Where alternative dates for the Training have been agreed, in addition to any outstanding charges, the Client shall pay IPotencia any costs or expenses that it cannot recover in relation to the original date for the Training.

4- Variation of Program

IPotencia intends to run all Trainings as advertised but reserves the right to cancel or postpone a Training without notice due to low enrolment or other unforeseeable circumstances. If so, we will offer a transfer or a full refund of a paid registration, and there will be no further liability upon IPotencia.

5- Delivery

5.1 IPotencia shall provide the Training using reasonable skill and care and will follow practices consistent with the professional standards in the industry.

5.2 IPotencia reserves the right to amend the Agreement if necessary to comply with any applicable law or regulation, or if the amendment will not materially affect the nature or quality of the Training, and IPotencia shall notify the Client in any such event.

6- Duties of Client

Client shall:

• cooperate with IPotencia in all matters relating to the Training;
• provide IPotencia with any information which may reasonably be required by IPotencia in the organisation of the Training, including, but not limited to, details in respect of the attendee and ensure that such information is complete and accurate in all material respects;

where training is being delivered at its premises, provide IPotencia with access, training space and any equipment necessary for the delivery of the Training; and such facilities as are reasonably notified to the Client in advance.

7- Limitation of Liability

7.1 Notwithstanding any other provision of the Contract, the liability of the parties shall not be limited in any way in respect of the following:

• Death or personal injury caused by negligence;
• Fraud or fraudulent misrepresentation;
• Any other losses which cannot be excluded or limited by applicable law;

Any losses caused by wilful misconduct.

7.2 Subject to clause 7.1, IPotencia shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for any loss of profits, loss of business, loss of income, loss of goodwill and/or similar losses or loss or corruption or data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising;

7.3 IPotencia total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the Agreement shall be limited to the total Charges paid for the Training.

7.4 Expect as set out in these Terms and Conditions, no warranties or representation are given by IPotencia and all warranties, representations, terms and conditions, whether express or implied by statute, common law or otherwise are excluded to the fullest extent permitted by Law.

8- Force majeure

8.1 IPotencia shall have no liability to the Client under the Agreement if it is prevented from or delayed in performing its obligations under the Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, fire, flood, storm, third party strike or other labour trouble not related to IPotencia, the intervention of any government authority, war or hostilities between any nations, rebellion, accident, acts of God, pandemic or epidemic or default of suppliers or sub-contractors, provided that the Client is notified of such an event and its expected duration.

8.2 In the event of a Force Majeure preventing the provision of any Training scheduled to be in person, IPotencia shall, where feasible, offer the Client the option of online training.

9- Intellectual Property Rights

9.1 All Intellectual Property Rights in or arising out of or in connection with the training, including any associated Training materials shall be owned by IPotencia.

9.2 No reproductions, scans, copies, or translations (wholly or in part) shall be made of the Training material without the prior written consent of IPotencia.

10- Confidentiality

IPotencia and the Client agree to use the other’s confidential information only in relation to the services, and not to disclose it, except where required by law or regulation.

11- Non-competition

The Client agrees and warrants that he/or she nor any Attendee nominated by him/her in the Registration Form shall not at any time divulge or disclose any confidential information relating in any manner to IPotencia, not shall he/she use such information for the benefit of any other person other than IPotencia.

12- Data Protection

Each party warrants that for the purposes of this Agreement it shall comply with the provisions of the Data Protection Legislation, including without limitation that it: 

• shall comply with any request or notice it receives from a data subject in its capacity as a data controller;
• shall have in place appropriate technical and organisational security measures against unauthorised or unlawful Processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data and shall take all reasonable steps to ensure the reliability of its personnel who have access to such Personal Data and to impose obligations of confidentiality upon such personnel and to ensure that such personnel are aware of their responsibilities under the Data Protection Legislation;
• shall inform the other party as soon as reasonably practicable of the discovery of any actual or suspected data-breach relating to the Processing of Personal Data in connection with this Agreement;
• shall, except to the extent prohibited by applicable law, inform the other party if: (i)  it receives a complaint from a data subject and in such event it shall consult with the other party in good faith as to the timing, manner and content of any response to a complaint from a data subject;  or (ii)  it is approached by any regulatory body with regard to compliance with Data Protection Legislation in connection with the Agreement.
  
  

13- Governing Law

The Agreement and any dispute or claim arising out or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Switzerland.

14- Jurisdiction

Each party irrevocably agrees that the courts of Switzerland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims.

15- Consent

By using our services, you consent to the Terms and Conditions outlined in this document.