PARTICIPANT TERMS AND CONDITIONS

Introduction

These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our (mobile) website or any of our applications through whatever platform (hereafter collectively referred to as the "Tapiit Live") and/or by completing a Booking, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).

Access to a Course is made possible through clickmeeting.com. By making a Booking through Tapiit Live, you will by accessing and using the services of ClickMeeting and you accept and agree to the ClickMeeting or ClickWebinar General Terms of Service, including the ClickMeeting Privacy Policy, each of which can be accessed at https://clickmeeting.com/legal (together the “ClickMeeting Terms”).

These pages, the content and infrastructure of these pages, and the online booking service (including the facilitation of payment service) provided by us on these pages and through the website are owned, operated and provided by Tapiit Limited, except for access to a Course which is made available by Tapiit through its agreements with ClickMeeting, and are provided for your personal, non-commercial (B2C) use only, subject to the terms and conditions set out below. The relationship that we have with ClickMeeting are governed by the ClickMeeting Terms. ClickMeeting acts in a professional manner vis-à-vis Tapiit when making its product and/or service available on or through Tapiit (both for its business-to-business ("B2B") and/or business-to-consumer ("B2C") relationship). Please note that as noted above, ClickMeeting declares applicable and/or requires (acceptance of) the ClickMeeting Terms in addition to the policies and fine print as disclosed on Tapiit Live, their own terms and conditions and rules for the use, access and consummation of the Training Course (which may include certain disclaimers and limitations of liability).

Definitions

“ClickMeeting” ClickMeeting Sp. z o.o. of ul. Arkońska 6, A4, 80-387 Gdańsk, Poland.

“Participant” a person who through Tapiit Live and ClickMeeting accesses a Training Course.

"Tapiit", "us", "we" or "our" means Tapiit Limited, a limited liability company incorporated under the laws of the Isle of Man, and having its registered address at First Floor, Skanco Court, Cooil Road, Douglas, Isle of Man, IM2 2SR.

"Tapiit Live" means the website and app on which the Training Course Service is made available owned, controlled, managed, maintained and/or hosted by Tapiit.

"Training Course" means the various different classes and/or training courses that can be booked, acquired, purchased, bought, paid, provided or reserved by you from Tapiit through Tapiit Live delivered through ClickMeeting.

"Training Provider" means any person, company or other organization which offers any Training Course to Participants and any other related product or service as from time to time available for Training Course Booking on Tapiit Live.

"Training Course Service" means the online booking, purchase, order, payment service as offered or enabled by Tapiit in respect of a Training Course as from time to time made available on Tapiit Live and delivered through ClickMeeting.

"Training Course Booking" means the order, purchase, payment, booking or booking of a Training Course.

1. Scope and nature of our service

Through Tapiit Live, we (Tapiit and its affiliate (distribution) partners) provide an online platform through which Training Providers – in their professional conduct of business (i.e. B2C or B2B) – can advertise, market, sell, promote and/or offer (as applicable) their Training Courses for order, purchase, booking and through which relevant visitors of Tapiit Live can discover, search, compare, and make an order, booking, purchase or payment (i.e. the Training Course Service). By using or utilizing the Training Course Service (e.g. by making a Training Course Booking through the Training Course Service), you enter into a direct (legally binding) contractual relationship with Tapiit. By accessing a Training Course through ClickMeeting, you agree to the ClickMeeting Terms.

When rendering our Training Course Service, the information that we disclose is based on the information provided to us by Training Providers. As such, the Training Providers that market and promote their Training Course on Tapiit Live are given access to our systems and extranet through which they are fully responsible for updating all prices/fees/prices, availability, policies & conditions and other relevant information which is displayed on Tapiit Live. Although we will use reasonable skill and care in performing our Training Course Service, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of Tapiit Live, ClickMeeting or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Training Provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the prices/fees/prices, policies & conditions and availability) displayed on Tapiit Live. Tapiit Live does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or rating of any Training Provider.

Our Training Course Service is made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, bookings, tickets, products or services available on Tapiit Live for any commercial or competitive activity or purpose. See also restrictions in the ClickMeeting Terms with respect to the use of its meeting services.

2. Prices

The prices for the Training Courses are displayed including VAT/sales tax and all other taxes (subject to change of such taxes) and fees, unless stated differently on Tapiit Live or the confirmation email. Prices are per person. Applicable fees and taxes may be charged in the event of a no-show or cancellation.

Sometimes cheaper prices are available on Tapiit Live for a specific Training Course, however, these prices made available by Training Providers may carry special restrictions and conditions. Please check the relevant Training Course and booking conditions and details thoroughly for any such conditions prior to making your booking.

Obvious errors and mistakes (including misprints) are not binding.

All special offers and promotions are marked as such. If they are not labelled as such, you cannot derive any rights in the event of obvious errors or mistakes.

3. Privacy and cookies

Tapiit respects your privacy. Please have a look at our privacy and cookies policy for further information. Please also note that in accessing the ClickMeeting system you agree to the ClickMeeting Terms. Once a Participant has made a booking, your personal data will be provided to ClickMeeting to enable the Participant to be issued with an invitation to the Training Course through ClickMeeting. You agree to this transfer of your personal data.

4. Credit Card

Tapiit facilitates the payment of the relevant Training Course (either itself or through a third party payment processor) by obtaining from the Participant details of credit/debit cards. Payment is safely processed from your credit/debit card to Tapiit’s bank account.

In the event of credit card fraud or unauthorised use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible (usually set at EUR 50 (or the equivalent in your local currency)). In the event that your credit card company or bank charges the deductible from you because of unauthorised transactions resulting from a booking made on Tapiit Live, we will pay you this deductible, up to an aggregate amount of EUR 50 (or the equivalent in your local currency). In order to indemnify you, please make sure that you report this fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately by email (bookings@tapiitlive.com). Please state 'credit card fraud' in the subject line of your email and provide us with evidence of the charged deductible (e.g. policy of the credit card company). This indemnification only applies to credit card bookings made using Tapiit's secure server and the unauthorised use of your credit card resulted through our default or negligence and through no fault of your own while using the secure server.

5. Access to a Training Couse, Pre-payment and cancellation

By making a Training Course Booking you will be issued with a unique token. The token can only be used once to access the Training Course that you have booked. You cannot share the token with any other person. Once a Training Course is booked it cannot be cancelled. To attend a Training Course you will be issued with link through ClickMeeting. The token will need to be inputted and will be automatically accepted. The Participant will then access the ‘hangout room’ until the Training Course is ready to commence. See also the ClickMeeting Terms for access to a Training Course. Please note that a Participant must prepay the Training Course to be issued with the access token.

If you wish to review, adjust or cancel your Training Course Booking, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation or not be entitled to any repayment of any (pre)paid amount.

6. (Further) correspondence and communication

By completing a Training Course Booking, you agree to receive an email confirming your booking. You also agree to receiving an email after the Traing Course from either Tapiit or ClickMeeting to thank you for attenadance. This email may contain additional study material. See our privacy and cookies policy for more information about how we may contact you.

Any claim or complaint in respect of a Training Course must be promptly submitted, but in any event within 30 days after the day of consummation of the Training Course. Any claim or complaint that is submitted after the 30 days period, may be rejected and the claimant shall forfeit its right to any (damage or cost) compensation.

In order to duly complete and secure your Training Course Booking, you need to use your correct email address. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number or credit card number.

7. Disclaimer

Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your booking as set out in the Training Course Booking confirmation email (whether for one event or series of connected events).

However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including prices and availability) of the Training Provider or any Training Course as made available on Tapiit Live or through ClickMeeting, (iii) the services rendered or the products offered by the Training Provider or other business partners including ClickMeeting, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of Tapiit Live, or the ClickMeeting system or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, wilful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Training Provider or any of our other business partners (including any of their employees, directors, officers, agents, representatives, subcontractors or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through Tapiit Live, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.

Tapiit is not responsible (and disclaims any liability) for the use, validity, quality, suitability and fitness of the Training Course and makes no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose.. Tapiit is not a (re)seller of the Training Course. Tapiit is not responsible for and disclaims any liability in respect of such complaints, claims and liabilities.

8. Intellectual property rights

Unless stated otherwise, the software required for our services or available at or used by Tapiit Live and the intellectual property rights (including the copyrights) of the contents and information of and material on Tapiit Live are owned by Tapiit Limited (or its affiliates), or ClickMeeting under its ClickMeeting Terms.

Tapiit exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) Tapiit Live on which the service is made available (including any Participant reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the Participant reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content or would otherwise own any intellectual property rights in Tapiit Live or any (translated) content, you hereby assign, transfer and set over all such intellectual property rights to Tapiit. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).

9. Applicable law, jurisdiction, and dispute resolution

These terms and conditions and the provision of our services shall be governed by and construed in accordance with the laws of the Isle of Man. Notwithstanding the foregoing choice of law, a natural person using any of our services for a purpose which can be regarded as being outside his trade or profession (hereinafter also referred to as "consumer") can rely on the mandatory provisions of the law of the country where he has his habitual residence (i.e. provisions that, in accordance with the choice-of-law rules of the said country, must apply regardless of this choice-of-law clause). Any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in the Isle of Man. Notwithstanding the foregoing jurisdiction clause, a consumer may also bring proceedings in respect of enforcement of relevant applicable Mandatory Law in the courts of the country in which he is domiciled, and proceedings against a consumer may be brought only in the courts of the country in which he is domiciled. For consumers (in the European Economic Area): We advise you to first notify us of any complaints by contacting our Customer Service. If this does not resolve your complaint, you can upload your complaint via the European Commission's ODR platform. This platform for online dispute resolution can be found here: http://ec.europa.eu/odr.

If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.

10. About Tapiit and the support companies

The Training Course Service is rendered by Tapiit Limited, which is a private limited liability company, incorporated under the laws of the Isle of Man and having its offices at First Floor, Skanco Court, Cooil Road, Douglas, Isle of Man, IM2 2SR.

Tapiit has its headquarters in Douglas, the Isle of Man and is supported by various affiliated group companies (the "support companies") based in other parts of the world. The support companies only provide an internal supporting role to and for the benefit of Tapiit. Certain designated support companies render limited customer care support services (only by telephone). The support companies do not have any Tapiit Live (and do not in any way control, manage, maintain or host the Tapiit Live). The support companies do not have any power or authority to render the Training Course Service, to represent Tapiit or to enter into any contract in the name of, for or on behalf of Tapiit. You do not have a (legal or contractual) relationship with the support companies. The support companies do not operate and are not authorised to act as any form of process or service agent of Tapiit. Tapiit does not accept nor assume any domicile at any place, location or office in the world (also not at the office of its support companies), other than its registered office in Douglas, Isle of Man.