Terms and Conditions

MOSAIC Training and E-Learning Programmes and Courses

The following constitute the terms and conditions to which applicants agree when booking any standard MOSAIC face-to-face public class training or online e-learning continuing professional development 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.

MOSAIC (as defined in Section 8.1 below) and you shall each be referred to as a “Party” and together as the Parties” in this Agreement. 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 are available online, provided by MOSAIC in relation with the training (“Training Material/Reference Documents”).

MOSAIC reserves the right to review and update these Terms & Conditions periodically at its sole discretion.

BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, OR BY USING OR ACCESSING MOSAIC TRAINING MATERIAL, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

1. BOOKING

1.1 Standard training.
Standard Face-to-face public class training and online learning courses can be booked via the booking forms available on the MOSAIC website www.mosaicearlyed.com and MOSAIC e-CPD platform www.earlyedcpd.ie  

A registration process is part of the e-CPD platform book process on the first occasion and login thereafter. 

On submission of the face-to-face and public class training course or online learning course form you will receive an automated receipt email of your selection. MOSAIC will accept your offer by entering your booking onto the MOSAIC system and sending you an email confirming that you have been booked together with information on starting your learning.

1.2 Custom Trainings and Services.
Custom trainings and services engagements can also be contracted through MOSAIC Services in the form of a MOSAIC Service Agreement.

2. PAYMENT

Training and course fees can be paid at the point of booking via PayPal’s and STRIPE secure online payment process, by credit card (Visa, Mastercard). In all cases, payment must be received prior to start of training.

If you elect to pay the fees via PayPal, all major credit and debit cards are accepted. A receipt will be sent to you by email from PayPal confirming payment. PayPal will receive the information needed to verify and authorise your payment card and to process your order and is under strict legal and contractual obligations not to disclose this information to third parties.
Please note that if you do not provide accurate details (including type of card and number) or if your credit card company does not authorise payment, your application will be deemed void. MOSAIC will not accept any liability for costs incurred as a result of applications deemed void in this manner.

All payments are due in Euro at the time of purchase.

3. YOUR OBLIGATIONS

You may not allow anyone else to access the online training courses via your log-in details. You must comply with all safety rules and regulations and any other reasonable security requirements that apply at the premises at which the training courses are undertaken.
MOSAIC reserves the right to remove any delegate from a training course whose behaviour is deemed inappropriate by MOSAIC or its trainers. In these circumstances, MOSAIC will neither refund any fees nor reimburse any other costs.

4. LIMITATION OF LIABILITY

MOSAIC does not accept responsibility for anyone acting as a result of information in, or views expressed on, its training courses including course materials.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOSAIC SHALL NOT BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT(INCLUDING NEGLIGENCE) STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOSAIC AGGREGATE LIABILITY TO THE OTHER SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO MOSAIC FOR THE TRAINING GIVING RAISE TO A CLAIM.

5. WARRANTY AND DISCLAIMER

MOSAIC ensures that all our training services are delivered diligently and in a good, timely and professional manner consistent with industry standards. The training services will be performed as described in the individual programme overviews and outlines.

MOSAIC shall provide such trainers to present the training course as it, in its sole discretion, deems fit and MOSAIC shall be entitled at any time to substitute any trainer with any other person who, at MOSAIC’s sole discretion, it deems suitably qualified to present the relevant course.

The customer can access an online course via www.ealryedcpd.ie and take as long as is necessary to complete a course in different components. Once the course is complete (with questionnaire and feedback submitted) the course will not be accessible thereafter. However, the training materials and date of training will be stored in the customer profile for unlimited access. A certificate of participation will be provided to the customer on programme completion.

The customer/participant is expected to take their own notes during online and face to face classes. Presentation slides are not permitted to be shared or downloaded. MOSAIC is not liable for non-adherence /misinterpretation/misunderstanding of information or materials provided as part of an online or face to face training programmes or materials.    

MOSAIC does not warrant that the provision of any content online 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.

The training courses and training materials/resources are provided„ as is“. There are no warranties, express or implied, by operation of law or otherwise for the use or results of the course and materials, that you will successfully complete the course, or that any particular level of knowledge will be attained by you.
MOSAIC disclaims any implied warranties including the implied warranties of merchantability and fitness for a particular purpose.

6. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

All Training Material is owned by MOSAIC.
All intellectual property rights in all Training Material available, including the design, graphics and text of all printed materials and the audio and video of all webinars and podcasts, are owned by MOSAIC.
When you are given access to the Training Material, you are granted a non-exclusive, non-transferable, revocable licence to use the Training Material. No Training Material may be copied, reproduced, uploaded, posted, displayed or linked to in any way, in whole or in part, without MOSAIC prior permission. Any such use is strictly prohibited and will constitute an infringement of MOSAIC intellectual property rights.
To provide a continuous check on the consistency and quality of training delivery, all participants will be asked to submit feedback in the form of a satisfaction survey. This feedback will be reviewed in detail and will be used to make continuous improvements to programme content and delivery.

7. CANCELLATION

7.1. Cancellation by customer.

7.1.1 Face to Face Public Class.
Notice of a training registrant’s intent to cancel a registration must be made by emailing info@mosaicearlyed.com and is subject to the following terms:

• Training registrants whose cancellation request is received in excess of 10 days prior to the start date of the training activity will incur no liabilities. A refund or a credit for another programme will be offered.
• Training registrants whose cancellation request is received within 9 days prior to the start date or after the commencement of the training activity will incur an administration fee equal to 100% of the obligatory fee.

Refunds will be processed within 28 days of receiving your request via Paypal or bank transfer to the original payer.

7.1.2 Online Learning.
Notice of a training registrant’s intent to cancel a registration must be made by emailing info@mosaicearlyed.com and is subject to review on a case by case basis dependent on circumstances of the booking.

7.2. Cancellation by MOSAIC.
MOSAIC reserves the right to cancel courses, change the online platform, change instructors, or change course content. In the event that a course must be cancelled registrants will be informed as early as is practicable. Registrants will be notified via email. MOSAIC will make every effort to avoid cancellations. In case of a cancellation registrants will receive a refund for the full course fee.

8. CONFIDENTIALITY

1.1 Standard training.

Each party agrees that all code, inventions, know-how, business, technical and financial information or any information specifically designated as confidential or that would be understood to be confidential or proprietary by a reasonable person disclosed to such party (“Receiving Party”) by the disclosing party ("Disclosing Party") constitute the confidential property of the Disclosing Party("Confidential Information").
Any MOSAIC technology, any commercial terms (including pricing) of these Terms & Conditions and any performance information relating to the products shall be deemed Confidential Information of MOSAIC without any marking or further designation.
Except as expressly authorized herein, the Receiving Party will use (and will ensure that its employees, Affiliates, agents, contractors and any approved third parties use) reasonable efforts (which shall be no less than the efforts used to protect its own confidential information of a similar nature) to prevent the disclosure of any Disclosing Party’s Confidential Information for any purpose other than providing the training contemplated by these Terms & Conditions unless authorised by the Disclosing Party.

The Receiving Party's nondisclosure obligation shall not apply to information which the Receiving Party can document:

(i) was rightfully in its possession or known to it prior to receipt of the Confidential Information;
(ii) is or has become public knowledge through no fault of the Receiving Party;
(iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation;
or (iv) is independently developed by employees of the Receiving Party who had no access to such information.

The Receiving Party may also disclose Confidential Information if so required pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party).

9. MISCELLANEOUS

9.1 Missed classes.
There will be no replacement classes or extra materials for participants who missed a lesson.

9.2 Third-party tools.
We may provide you with access to third-party tools which we neither monitor nor have any control over or give input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

9.3 Changes to Terms and conditions.
You can review the most current version of the Terms of Service at any time on our website. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

9.4 Governing law.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with European laws.

9.5 Privacy Policy.
All information provided by you under these Terms & Conditions will be treated in accordance with MOSAIC Privacy Policy.

9.6 Force majeure.
Neither party shall be liable to the other for any delay or failure to perform any obligation under these Terms & Conditions (except for a failure to pay fees) if the delay or failure is due to unforeseen events which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency (each a “Force Majeure Event”).

9.7 Entire Agreement and severability.
This Agreement is the entire agreement between you and MOSAIC relating to the training and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the training or any other subject matter covered by these Terms & Conditions. If any provision of these Terms & Conditions is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

 

-Ends-

May 2020