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Terms & Conditions

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

[You must be at least [18] years of age to use this website. By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least [18] years of age.]

[This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our INTERNATIONAL TRAINERS ACADEMY's use of cookies in accordance with the terms of INTERNATIONAL TRAINERS ACADEMY's privacy policy / cookies policy.

License to use website

Unless otherwise stated, INTERNATIONAL TRAINERS ACADEMY and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages [or [OTHER CONTENT]] from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:
• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]
• [edit or otherwise modify any material on the website; or]
• [Redistribute material from this website [except for content specifically and expressly made available for redistribution].]

[Where content is specifically made available for redistribution, it may only be redistributed [within your organisation].]

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root kit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without INTERNATIONAL TRAINERS ACADEMY express written consent.

[You must not use this website to transmit or send unsolicited commercial communications.]

[You must not use this website for any purposes related to marketing without INTERNATIONAL TRAINERS ACADEMY express written consent.]

Fees

All fees are set forth in the summary of Bookmytrainers.com's fees and charges which can be found on the Site. All fees will be assessed in US dollars or UAE dirhams or EURO or Indian Rupees. Your Account and all transactions are made and displayed in US Dollars or Dirhams, Euro or Indian Rupees.

Bookmytrainers.com earns fees for creating, hosting, maintaining, and providing the Site, and for all Services delivered by Bookmytrainers.com that are accessible through the Site and to cover expenses and fees Bookmytrainers.com incurs to banks, credit card companies, PayPal, and payment processors. After deducting such amounts, Bookmytrainers.com transfers the remaining payment amount to the Freelancer.

Bookmytrainers.com charges fees in relation to the posting of a project; selecting a Freelancer; posting a featured project; hiding a project from search engines; hiding quotes from other Users; posting a full time project; project commission fees; and other miscellaneous fees that are described on the Site.

Users can choose various membership programs to subscribe to different levels of participation on the Site which will incur additional fees.

MILESTONE PAYMENTS

Not an escrow service
Bookmytrainers.com does not operate an Escrow service. Bookmytrainers.com does have, however, a special, non-compulsory feature, which allows controlled payments to be made with respect to a project to a Freelancer.

Depending on the agreement of the Client and Freelancer, the Client can create an advance payment which will remain pending until:
(a) the Client and the Freelancer agree that the funds should be released to the Freelancer;
(b) until the Client and the Freelancer have concluded the process of the Dispute Resolution Services (as defined below);
(c) until the Client instructs Bookmytrainers.com to pay a Freelancer that performed a service for him/her; or
(d) until the Client acknowledges that the Freelancer has completed the service fully and satisfactory.

If an Client does not approve of the Freelancer's work product, the Parties have the option to resolve the issue through the terms of the Dispute Resolution Services set out below.

Accounts

You agree that you will not receive interest or other earnings on the funds that Bookmytrainers.com handles as your contractor. Bookmytrainers.com may receive interest on those funds. Bookmytrainers.com will not be liable for any lost interest on such funds.

All amounts are stated in and all payments will be made in US funds. Bookmytrainers.com reserves the right to suspend a withdrawal if the source of the funds is suspected to be fraudulent. Any funds received from an Account having made a fraudulent deposit (e.g. stolen credit card) will be reversed immediately. If in a fraudulent payment situation a withdrawal has already been processed, you will be expected to return the funds to your Bookmytrainers.com Account or face termination and any other remedies available to Bookmytrainers.com to recover the funds.

Any User that Bookmytrainers.com removes from the service due to violation of the User Agreement will receive no credit or payment and will become liable for certain fees described in this User Agreement.

Bookmytrainers.com requires you to make all payments to Bookmytrainers.com and to make payments to and accept payments from other Users in the purchase and sale of Services for Bookmytrainers.com projects directly through the mechanisms available on the Site. You understand and agree that Bookmytrainers.com will not hold funds (including Milestone Payments) delivered to Bookmytrainers.com from Users for the purchase and sale of Services in a separate account, but may commingle and deposit such funds with other funds to be paid to other Users and with funds of Bookmytrainers.com in any account, at any institution, or in any other manner Bookmytrainers.com may decide in its sole discretion from time to time. In addition, you understand that such commingled funds could be used to pay other Users and by Bookmytrainers.com for general corporate purposes or otherwise, provided that Bookmytrainers.com will remain contractually obligated to make payment to you, as a Freelancer or Client, for any purchases and sales of Services provided by you through Bookmytrainers.com. To the extent Bookmytrainers.com is obligated to make payment to you, you will be an unsecured creditor of Bookmytrainers.com.

Acknowledgement

You acknowledge that:
(1) Bookmytrainers.com is not a bank or other licensed financial institutions and does not provide banking services;
(2) the amounts shown as on deposit, including Milestone Payments, in a User Account are not segregated into a separate account but represent unsecured obligations of Bookmytrainers.com to the User with respect to the purchase and sale of Services through Bookmytrainers.com;
(3) Bookmytrainers.com is not acting as a trustee or fiduciary with respect to such funds or payments, but is acting only as an agent and
(4) amounts transferred through or stored in the payment service are not insured or guaranteed deposits. Your Account will not constitute a milestone. By initiating and sending payments through Bookmytrainers.com, you appoint Bookmytrainers.com as your agent to obtain the funds and hold and to transfer such funds to the Freelancer or Client for Services, subject to these terms and conditions.

Account Balances

If your Account has a negative balance, Bookmytrainers.com may setoff the negative balance with any funds that you subsequently receive into your Account. If you have multiple currency balances in your Account and one of the currency balances becomes negative for any reason, Bookmytrainers.com may setoff the negative balance by using funds you maintain in a different currency balance, or by deducting amounts you owe Bookmytrainers.com from money you subsequently add or receive into your Account. In the event that Bookmytrainers.com offsets a negative balance pursuant to this clause, it may be bundled with another debit coming out of your Account. To secure your performance of this Agreement, you grant to Bookmytrainers.com a lien on and security interest in and to the funds held in your Account in the possession of Bookmytrainers.com.

Inactive Accounts

User Accounts that have been inactive for more than 365 days ("Inactive Accounts") will incur a dormant account fee of US$10 per month until either the Account is terminated or reactivated.

Bookmytrainers.com reserves the right to cancel Inactive Accounts with a nil or negative balance.

AVOIDING COMMISSIONS

A. Prohibition on negotiation of fee outside of Site

You are strictly prohibited from attempting to negotiate the fee for a project with another user directly (outside of Bookmytrainers.com) after that project has been created /opened and before that project has been closed (i.e. during an ongoing project). This also applies to any project that was closed without a Freelancer being chosen, and then contacting them about the project anyway. Both parties are responsible for notifying Bookmytrainers.com if the payment amount increases (above the quote amount) after the project is closed.

You are strictly prohibited from under-quoting on projects in an attempt to renegotiate the actual price privately, avoiding fees. We aim to provide a fair and open playing field at Bookmytrainers.com, and such activities interfere with providing such a marketplace. Bookmytrainers.com charges project commissions on all funds received by either direct transfer or Milestone Payment through the site, regardless of the final quote amount.

We believe our commissions are very fair and justified for the service we provide, therefore we will absolutely not tolerate any fee avoidance or underquoting on the Site.

B. Providing contact information

You are prohibited from making direct contact with another User outside of Bookmytrainers.com. This includes giving out your e-mail address, Skype ID, ICQ number, phone number, or any other method of contact outside of this site. Bookmytrainers.com provides you with message boards, which should be sufficient for project planning and communication with other Users unless Bookmytrainers.com intentionally provides such contact information through a feature or function.

USER RESTRICTIONS

A. Advertising

Users are prohibited from advertising a website on the Site. Any URL posted in a quote, project description, or the message board, must relate to a project on Bookmytrainers.com. An example of a permissible URL would be a User's portfolio or resume page.

B. Quoting

Freelancers can only place quotes that equal the total amount of money they are requesting for the project. You cannot post an hourly quote or any other abnormal type of quote. This also applies to Clients. Clients cannot create projects that directly or indirectly require Freelancers to place hourly or other abnormal quotes. The only exception, for both Clients and Freelancers, is when the project is fulltime.

Client
The Client agrees that:
• The Client is strictly forbidden from redistributing any of the content of the Site, including but not necessary limited to private messages, documents and support tickets.
• The Client will not use the Client's Account to post false or misleading project descriptions.
• The Client will not post project descriptions that, in the judgment and discretion of Bookmytrainers.com, are inappropriate to Bookmytrainers.com's audience and viewers.
• The Client agrees to pay featured project fee if project posted should have been posted as featured.
• The Client agrees to pay fulltime project fee if project posted should have been posted as fulltime.
• The Client will not falsify the Client's own or any other identity.
• The Client will comply with all of Bookmytrainers.com's policies as posted on the Site from time to time.

Freelancer
The Freelancer agrees that:
• The Freelancer will not redistribute any of the content of the Site, including but not necessary limited to private messages, documents, support tickets.
• The Freelancer will not falsify Freelancer's own or any other identity.
• The Freelancer will comply with all Bookmytrainers.com policies as posted on the Site from time to time.

Restricted access

[Access to certain areas of this website is restricted.] INTERNATIONAL TRAINERS ACADEMY reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at INTERNATIONAL TRAINERS ACADEMY's discretion.

If INTERNATIONAL TRAINERS ACADEMY provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

[INTERNATIONAL TRAINERS ACADEMY may disable your user ID and password in INTERNATIONAL TRAINERS ACADEMY's sole discretion without notice or explanation.]

Bookmytrainers.com is Not a Party to Disputes

Any disputes regarding arrangements between Freelancers and Clients remain solely between Clients and Freelancers. We are not involved in any transactions between you and any other users of Bookmytrainers.com.

You acknowledge and agree that Bookmytrainers.com will not be a party to any such dispute.

If you have a dispute with any other users of the Site, you hereby release Bookmytrainers.com from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute.

CURRENCY

Currency conversions will be completed at a rate displayed on the Site, which is adjusted regularly based on market conditions. This exchange rate includes a processing fee above the wholesale exchange rate at which we obtain foreign currency.

You are responsible for all risks associated with maintaining balances in foreign currencies (including, the risk that the value of these balances will fluctuate as exchange rates change, which could result in decreases in the value of the balances). You agree not to attempt to use the Site to engage in speculative trading, which could result in substantial losses. No advice is provided on the Site and nothing on the Site should be relied upon as such. Use of this aspect of the Site is at your own risk.

Please note that the most readily available information on currency exchange rates is based on "interbank exchange rates". Interbank exchange rates are established in the course of currency trading among a global network of over 1,000 banks, and are not available through consumer or retail channels. These rates are not a suitable reference for currency changes made on the Site.

SERVICE CONTRACT TERMS BETWEEN CLIENT AND CONTRACTOR.

Unless otherwise agreed to in a writing signed by both Client and Contractor, the terms and conditions of the Service Contract are as set forth in Sections 3.1 through 3.12 below ("Standard Terms"). Client and Contractor may not agree to any other terms and conditions that affect the rights or responsibilities of bookmytrainers.com.

3.1 Services.

Contractor shall perform Services in a professional and workmanlike manner. Under Fixed-Price Contracts, Contractor shall deliver the agreed-upon Work Product. Under Hourly-Rate Contracts, Contractor shall use reasonable efforts to create the desired Work Product.

3.2 Agency.

Work performed on Hourly-Rate Contracts under a Contractor's profile must be performed by the Contractor represented. If the Contractor wishes to subcontract with third parties to perform Services on behalf of the Contractor on Hourly-Rate Contracts, the Contractor must do so as an Agency. Contractor and Agency agree and acknowledge that Agency's employees or contract personnel are not employees of bookmytrainers.com or Client. Agency is solely responsible for all wages, costs, and expenses of Agency's employees or contract personnel and has the sole and exclusive right to supervise and control them. Neither Client, nor bookmytrainers.com, will require Agency's contract personnel to devote full time to performing the Contracts entered into by Agency as required by this Agreement. Furthermore, both Contractor and Agency acknowledge and agree that neither it, nor any of its employees or agents, shall have any claim under this Agreement for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, unemployment benefits, or any other employee benefits of any kind from bookmytrainers.com or Client.

3.3 Fees.

Client shall pay Contractor the agreed-upon fees for time spent (under Hourly-Rate Contracts) or delivery and acceptance of the Work Product (under Fixed-Price Contracts). All amounts paid by Client shall be paid through the bookmytrainers.com Platform to bookmytrainers.com as the Contractor’s agent, and Client’s obligation of payment to Contractor is met when payment is made to bookmytrainers.com.

3.4 Termination of a Service Contract.

Under Hourly-Rate Contracts, either party may terminate the Service Contract at any time for any or no reason. However, the Client remains obligated to pay for any time the Contractor worked prior to termination.

For Fixed-Price Contracts, the Client may terminate at any time but may not recover any payments made to the Contractor unless mutually agreeable. The Contractor may terminate a Fixed-Price Contract at any time if no payment has been made. If a payment has been made on a Fixed Price Contract, the Contractor may terminate only with written agreement from the Client or after the payment has been refunded.

3.5 Client Deliverables.

Client grants Contractor a limited, non-exclusive, revocable (at any time, at Client's sole discretion) right to use the Client Deliverables as necessary for the performance of the Services. Client reserves all other rights and interest, including, without limitation, all Proprietary Rights, in and to the Client Deliverables. Upon completion or termination of the Service Contract, or upon written request by the Client, Contractor shall immediately return all Client Deliverables to the Client and further agrees to purge all copies of Client Deliverables and Work Product contained in or on Contractor's premises, systems, or any other equipment otherwise under Contractor's control. Contractor agrees to provide written certification to the Client certifying the return or purging of Client Deliverables within ten (10) days after the receipt of the Client's written request to certify.

3.6 Work Product.

Any copyrightable works or works for hire prepared by Contractor in connection with a Fixed-Price Contract for Client shall be owned by the Contractor until payment has been made by the Client and accepted by the Contractor. If the Client pays an amount less than the amount agreed to in the Service Contract, the Contractor may refund the amount paid within two (2) weeks of the payment date and retain ownership of the Work Product.

For Hourly-Rate Contracts, the Client is considered the author and owner of works created once payment for the period of time in question has been made in full, assuming that all hours worked are properly tracked using the bookmytrainers.com Team. Once payment has been made in accordance with the above, Contractor shall be deemed to have assigned all Proprietary Rights in the Work Product to the Client.

To the extent that under applicable law, Proprietary Rights cannot be assigned, Contractor hereby irrevocably agrees to grant, and hereby grants, to Client an exclusive (excluding also Contractor), perpetual, irrevocable, unlimited, worldwide, fully paid, and unconditional license to use and commercialize Work Product in any manner now known or in the future discovered. To the extent such license grant is not fully valid, effective or enforceable under applicable law, Contractor hereby irrevocably agrees to grant, and hereby grants, to Client, such rights as Client reasonably requests in order to acquire, as close as possible, all rights equivalent to full legal ownership. In order to ensure that Client will be able to acquire, perfect and use such Proprietary Rights, Contractor will: (i) transfer possession, ownership, and title to media, models, and other tangible objects containing Work Product to Client, including delivery of a complete copy of the source code for any software, documented in sufficient detail to enable a reasonably skilled programmer to correct, integrate and modify it; (ii) sign any documents at Client's request to assist Client in the documentation, perfection and enforcement of its rights; and (iii) provide Client with support and reasonable access to information for recording, perfecting, securing, defending, and enforcing such Proprietary Rights. Contractor also irrevocably authorizes Client to act and sign on Contractor's behalf and take any necessary steps in order to perfect Client's rights under this Agreement. In the case that under applicable law, Contractor retains any rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as "moral rights" (collectively "Moral Rights") or other inalienable rights to Work Product or Confidential Information under this Agreement, Contractor irrevocably agrees to waive, and hereby waives, all such rights, or, to the extent Contractor cannot waive such rights, Contractor agrees not to exercise such rights, until Contractor has provided prior written notice to Client and then only in accordance with any reasonable instructions that Client issues in the interest of protecting its rights. Contractor agrees to assist Client in every proper way to obtain and enforce the Proprietary Rights and other legal protections for the Work Product in any and all countries. Contractor will sign all documents that the Client may reasonably request for use in obtaining and enforcing such protection, including, but not limited to, any assignment deed which the Client may select at its sole discretion. Contractor's obligations under this Section 3.6 will continue even after Contractor deregisters from or ceases use of the bookmytrainers.com Platform. Contractor appoints Client as Contractor's attorney-in-fact to execute documents on Contractor's behalf for the purposes set forth in this Section 3.6.

3.7 Pre-existing Intellectual Property in Work Product.

Contractor shall ensure that no Work Product created or delivered by Contractor includes any pre-existing software, technology or other intellectual property, whether such pre-existing intellectual property is owned by Contractor or a third party including, without limitation, code written by proprietary software companies or developers in the open source community (collectively "Pre-existing IP") without obtaining the prior written consent of the Client to the inclusion of such Pre-existing IP in the Work Product. Contractor acknowledges that, without limiting any other remedies, Contractor shall not be entitled to payment for, and shall refund to Client any payments previously made by Client to Contractor for, any Services performed on a Contract if the Work Product contains any Pre-existing IP that was not approved in accordance with this Section 3.7.

3.8 Worker classification.

Client assumes all liability for proper classification of workers as independent contractors or employees based on applicable legal guidelines. This Agreement does not create a partnership or agency relationship between Client and Contractor. Contractor does not have authority to enter into written or oral - whether implied or express - contracts on behalf of Client. Contractor acknowledges that bookmytrainers.com does not, in any way, supervise, direct, or control Contractor's work or Services performed in any manner. bookmytrainers.com does not set Contractor's work hours and location of work. bookmytrainers.com will not provide Contractor with training or any equipment, labor or materials needed for a particular Contract.

Bookmytrainers.com will not deduct any amount for withholding, unemployment, Social Security, or other taxes as it would in the case of an employee. Client and Contractor will be solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority with respect to Contractor's performance of Services.

For Contracts classified as independent contractor relationships, Client may not require an exclusive relationship between Client and Contractor. A Contractor classified as independent contractor is free at all times to provide Services to persons or businesses other than Client, including any competitor of Client.

For Contracts classified as employer-employee relationships, Client will manage the Contract through bookmytrainers.com's payrolling program, where the Contractor becomes an hourly employee of bookmytrainers.com's staffing affiliate and Contractor and Client enter into appropriate additional agreements. If Client elects to not utilize this program, Client and Contractor shall be solely responsible for all obligations for tax withholding, the payment of taxes and/or providing the benefits associated with any employment relationship.

Client and Contractor agree to indemnify, hold harmless and defend bookmytrainers.com from any and all claims arising out of or related to their Service Contract, including but not limited to claims that Contractor was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that Contractor was misclassified as an employee (including, but not limited to, taxes, penalties, interest and attorney's fees), any claim that bookmytrainers.com was an employer or joint employer of Contractor, as well as claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, unemployment benefits, or any other employee benefits.

3.9 Audit Rights

Client and Contractor each shall (i) create and maintain records to document satisfaction of its obligations under this Agreement and any Service Contract, including without limitation its payment obligations and compliance with tax laws, and (ii) provide copies of such records to bookmytrainers.com upon request. bookmytrainers.com, or bookmytrainers.com's advisors or agents, shall have the right, but not the obligation, to routinely, but no less frequently than annually, audit Contractor's operations and records to confirm compliance. Nothing in this provision should be construed as providing bookmytrainers.com with the right or obligation to supervise or monitor the actual Services performed by Contractor.

3.10 Third Party Beneficiary

Bookmytrainers.com is hereby named as a third party beneficiary of each Service Contract.

3.11 General.

Service Contracts shall be governed by Sections 6 (Confidential Information) 11 (General) and 12 (Definitions) of this Agreement, as applicable either directly or by way of analogy.

3.12 Entire Agreement.

The terms and conditions set forth in this Section 3 and any additional or different terms expressly agreed by Client and Contractor shall constitute the entire agreement and understanding of Client and Contractor with respect to each Service Contract and shall cancel and supersede any other prior or contemporaneous discussions, agreements, representations, warranties, and/or other communications between them.
No warranties
This website is provided "as is" without any representations or warranties, express or implied. INTERNATIONAL TRAINERS ACADEMY makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, INTERNATIONAL TRAINERS ACADEMY does not warrant that:
• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

Bookmytrainers.com is not involved in the actual transaction between Freelancers and Clients. Our Services, the Site and all content on it are provided on an as is basis and without warranties of any kind either express or implied. Without limiting the foregoing, Bookmytrainers.com does not represent or warrant that:
• the Site will be accurate, reliable, uninterrupted, secure or error-free;
• defects in the Site will be corrected;
• the Site or the server that makes it available are free of viruses or other harmful components.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

Limitations of liability

INTERNATIONAL TRAINERS ACADEMY will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
• [to the extent that the website is provided free-of-charge, for any direct loss;]
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if INTERNATIONAL TRAINERS ACADEMY has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit INTERNATIONAL TRAINERS ACADEMY liability in respect of any:
• death or personal injury caused by INTERNATIONAL TRAINERS ACADEMY negligence;
• fraud or fraudulent misrepresentation on the part of [NAME]; or
• matter which it would be illegal or unlawful for INTERNATIONAL TRAINERS ACADEMY to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

[You accept that, as a limited liability entity, INTERNATIONAL TRAINERS ACADEMY has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against INTERNATIONAL TRAINERS ACADEMY officers or employees in respect of any losses you suffer in connection with the website.]

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect INTERNATIONAL TRAINERS ACADEMY officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as [NAME].

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify INTERNATIONAL TRAINERS ACADEMY and undertake to keep INTERNATIONAL TRAINERS ACADEMY indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by INTERNATIONAL TRAINERS ACADEMY to a third party in settlement of a claim or dispute on the advice of INTERNATIONAL TRAINERS ACADEMY legal advisers) incurred or suffered by INTERNATIONAL TRAINERS ACADEMY arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches of these terms and conditions

Without prejudice to INTERNATIONAL TRAINERS ACADEMY other rights under these terms and conditions, if you breach these terms and conditions in any way, INTERNATIONAL TRAINERS ACADEMY may take such action as INTERNATIONAL TRAINERS ACADEMY deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

INTERNATIONAL TRAINERS ACADEMY may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

INTERNATIONAL TRAINERS ACADEMY may transfer, sub-contract or otherwise deal with INTERNATIONAL TRAINERS ACADEMY rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions [together with [DOCUMENTS]] constitute the entire agreement between you and INTERNATIONAL TRAINERS ACADEMY in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

Any dispute arising out of or in connection with this User Agreement shall be governed by court of Mumbai, India.

The provisions of this User Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by BookMyTrainers.com to a third party without your consent in the event of a sale or other transfer of some or all of the assets of BookMyTrainers.com. In the event of any sale or transfer you will remain bound by the User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this clause shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.