Comstor Academy - Terms & Conditions

Welcome to the Comstor Academy website of Westcon Group, Inc. and its subsidiaries (singularly or collectively "Westcon", "we" or "us"). The following terms and conditions (together  with any documents referred to in them) (collectively, these "Terms and Conditions") apply to your ("you", "your" or "Customer") use of the Comstor Academy website (the "Academy Portal") and any purchase of training services ("Training") made available on the Academy Portal.

Please read these Terms and Conditions carefully before you start to use the Website. By clicking that you accept or agree to the Terms and Conditions when this option is presented to you, you are indicating you accept and agree to be bound and abide by these Terms and Conditions and Westcon’s Privacy Statement, found at www.westcongroup.com/sites/westcon-group-global/global/privacy-statement, incorporated herein by this reference.   If you do not want to agree to these Terms of Use or Westcon’s Privacy Statement, you must exit the Website.

Ordering and Payment

Training may be purchased by existing Westcon account holders by submitting a purchase order number during the online ordering process at the Academy Portal. No additional or alternative terms or conditions or any alteration to these Terms and Conditions proposed by you contained or referred to in a purchase order or other form submitted to Westcon shall be deemed to apply unless they are expressly accepted in writing by an authorised representative of Westcon with respect to that purchase order. Payment is due thirty (30) days from invoicing date.  You shall pay the purchase price, without any deduction or set-off, and will be responsible for any sales, use, excise, gross sales, value added, services and other taxes and duties applicable to the Training services purchased hereunder.  Any past due amount will accrue interest at the rate of 2.5% per month until payment in full.  Invoices are issued as Training is taken.  In addition, Training may be purchased using any major credit card and your card will be charged the purchase price at the time you place your purchase order.  If payment is made by credit or debit card then you agree to pay all fees and service charges incurred by Westcon in handling such transactions, including fees charged by the credit or debit card company.

Cisco Learning Credits

Cisco Learning Credits (CLCs) can be redeemed against Cisco Training by submitting your sales order number during the purchasing process. The use of CLCs are treated the same as cash and subject to the same credit, transfer and refund policies set forth below.

Cancellations and Transfers

All requests for cancellation, rescheduling or any other changes to booked Training must be in writing and sent via e-mail to Training Manager as soon as possible at academy.uk@westcon.com.  Westcon strongly encourages you to also contact Training Manager via phone at +44 1285 647000 to confirm receipt of your request.

Web-based and Instructor Led Training

Your participation in any web-based or instructor-led Training that has been booked or purchased may be cancelled by you, at no charge, if notification is received by Westcon not less than seventeen (17) business days prior to the start of the Training.  In the event you have been invoiced for Training and are unable to attend the course, Westcon will provide a credit memo that will be applied to your Westcon account.  Any such credit must be used within six (6) months of issuance.  In the event payment for the cancelled course has been received by Westcon, Westcon will refund the price paid or apply the payment to your Westcon account, as requested.  Any credit or refund provided by Westcon will be reduced by any fees assessed against Westcon by Training providers as a result of such cancellation and any credit card fees incurred by Westcon, if applicable.

In the event of cancellation less than seventeen (17) business days prior to the start of the Training, you will be responsible for the full price of the Training, as well as any fees that may be assessed against Westcon by the Training providers as a result of your failure to attend. 

Requests for Changes to Web-based or Instructor-Led Training

Provided written notice is received by Westcon not less than seventeen (17) business days prior to the start of your booked Training, you may transfer enrolment to another course offered through the Academy Portal. In the event you transfer enrolment to a more expensive course, Westcon will charge the additional costs to your credit card, if applicable, or if Training was originally purchased with a purchase order, you must issue a new purchase order for the increased cost.  In the event you elect to transfer your enrolment to a course with a lesser value, Westcon will provide a credit to you in the amount of the difference between the original enrolment and the revised enrolment.  Changes to enrolment must be made to an alternative Training course that starts within six (6) months of the first day of the originally booked Training.  Any course booking may not be transferred more than twice.

Westcon and the third party Training provider reserve the right to cancel any course for any reason without notice or liability. You will be offered the ability to transfer the booking to a course of the same or lesser value, scheduled to run within 6 months of the first day of the original booking.

Onsite Training - Cancellation Policy

Onsite Training is any Training to be provided at your or your employer’s location, other than web-based Training.  You may cancel or reschedule Onsite Training provided Westcon receives written notice not less than twenty-two (22) business days prior to the scheduled start date.  In the event such notice is received within twenty-two (22) business days of the scheduled start date, you will be charged a fee equal to 100% of the base course fee. Any fee charged will not be applied to the price of any rescheduled courses.

Non-Attendance

In the event you enroll in Training but fail to attend or cancel as set forth above, you will be liable for the full cost of the Training.

Substitutions

You may substitute an alternative attendee at any time before the first day of the Training, except for VMware Training courses where notification is required not less than four (4) days prior to the first day of the Training course. All substitutions must be made in writing to academy.uk@westcon.com.

You will be responsible for any fees assessed against Westcon by a third-party Training provider as a result of cancellation, rescheduling, non-attendance, substitutions or other changes made by you.  Any refund or credit that may be due to you, as set forth above, will be reduced by these amounts, as applicable.

General Terms

Changes to the Comstor Academy Terms and Conditions and the Academy Portal

Westcon reserves the right to make changes to these Terms and Conditions at any time, without prior notice.  Westcon also reserves the right to withdraw or amend the Academy Portal website, and any service or material provided through the Academy Portal, in its sole discretion without notice. Westcon will not be liable if for any reason all or any part of the Academy Portal is unavailable at any time or for any period.

Posting and Transmitting to a Site

Westcon will not treat information you post or transmit to the Academy Portal as confidential or proprietary, except as provided for in the Westcon Privacy Statement.  By sending information to Westcon through the Academy Portal, you agree that Westcon may use that information for the purposes of communicating and arranging your enrolment in Training offered by third-party Training providers.


Accuracy of Information and Disclaimer of Warranty

Westcon has made every effort to present the content on the Academy Portal accurately.  ALL CONTENT, TRAINING, FUNCTIONALITIES OR SERVICES PROVIDED ON OR THROUGH THE ACADEMY PORTAL ARE PROVIDED "AS IS."  WESTCON DOES NOT MAKE, NOR DO ITS REPRESENTATIVES MAKE OR PROVIDE, ANY REPRESENTATION OR WARRANTY WITH RESPECT TO ANY TRAINING, CONTENT, FUNCTIONALITY OR SERVICES OFFERED ON OR THROUGH THE ACADEMY PORTAL, INCLUDING THE ACADEMY PORTAL BEING FREE FROM VIRUSES OR OTHER MALICIOUS PROGRAMS. 


WESTCON AND ITS REPRESENTATIVES SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, RELATING TO THE ACADEMY PORTAL OR ANY TRAINING, CONTENT, FUNCTIONALITY OR SERVICES OFFERED ON OR THROUGH THE ACADEMY PORTAL, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

The Academy Portal may contain links to other websites.  Westcon does not accept any responsibility or liability for any content, functionality or services offered on or through any third party website that is linked from or to the Academy Portal.

Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL WESTCON, ITS AFFILIATES, SUBSIDIARIES OR EMPLOYEES OR REPRESENTATIVES HAVE ANY LIABILITY WITH RESPECT TO ANY CLAIMS OR DAMAGES (WHETHER DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE) AS A RESULT OF YOUR ACCESS OR USE OF (OR INABILITY TO ACCESS OR USE) THE ACADEMY PORTAL OR ITS CONTENT, FUNCTIONALITIES OR TRAINING SERVICES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACCESS AND USE THE ACADEMY PORTAL AT YOUR OWN RISK.

Ownership

The material and Training services provided on the Academy Portal are protected by law, including, but not limited to, United States copyright law and international treaties. The copyright in the content and Training services described on the Academy Portal are owned by Westcon, third-party Training providers or others. All rights are reserved.  All trademarks are the property of their respective owners. Some images are courtesy of manufacturers. Nothing contained herein or on the Academy Portal shall be deemed to grant any right or title to such intellectual property to you.  You further agree not to translate, reverse compile or disassemble any software you may receive as part of the Training services.  You also agree you will not remove, alter or destroy any form of copyright notice, proprietary markings, serial numbers, or confidential legends placed upon or contained within any of the Training materials.  You understand and agree that Westcon will not and has no duty to indemnify, defend or hold you or a third party harmless from or against any claims, losses, liabilities, damages, costs and expenses, judgments or settlement amounts arising out of or in connection with the actual or alleged infringement of a third party’s intellectual property rights.

While Westcon permits you to download, view, and print content from our Website, you acknowledge that you may only do so for your internal business purposes and/or personal use.  You may not copy, download, reproduce, modify or distribute, use or otherwise commercially exploit any content offered on or through the Website without Westcon’s express written permission.

Choice of Law and Venue

These Terms and Conditions and any purchase order placed under them shall be governed by the laws and exclusive jurisdiction of the State of New York without regard to its conflicts of law principles. The parties agree that the state and federal courts located in New York City, New York, shall have sole and exclusive jurisdiction and venue over any matter arising out of this Agreement and each party hereby submits itself and its property to the venue and jurisdiction of such courts. Each party irrevocably waives any objection that it may now or hereafter have to the laying of venue of any such proceeding in such court, including any claim that such proceeding has been brought in an inappropriate or inconvenient forum.

Compliance

You agree to comply with all applicable laws and acknowledges that the Training and any technical data related thereto is licensed or sold subject to and controlled by the export laws of (i) the United States ("US") including its Export Administration Regulations, and (ii) any other government with jurisdiction (collectively the "Export Control Laws") and you hereby agree not to export, re-export or otherwise distribute the Training services and associated materials in violation of any Export Control Laws.  It is your sole and exclusive responsibility to obtain any and all appropriate approvals from the applicable government entities, which may include the US government, or any other government with jurisdiction, prior to exporting such Training or associated materials, or any technical data related thereto.  Westcon shall not be responsible for any costs, liabilities or damages resulting from your failure to obtain any such required authorisation.  Buyer understands that the Export Control Laws may change from time to time. 

You warrant that you will not take any action or permit or authorize any action which will render Westcon liable for a violation of the US Foreign Corrupt Practices Act or the UK Bribery Act (collectively the "Act"), which prohibits the offering, giving or promising to offer or give, directly or indirectly, money or anything of value to any official of a government, political party or instrumentality thereof, or to any individual or entity in order to assist in obtaining or retaining business and (a) will not violate or cause Westcon to violate such Act in connection with the sale and distribution of the Training or associated materials; and (b) will notify Westcon in writing if any of its owners, partners, principals,  directors or officers are or become officials, officers or representatives of any government or political party or candidate for political office.

Waiver and Severability

Failure by Westcon to enforce any provision of these Terms and Conditions shall not be deemed a waiver of the right to thereafter enforce that or any other provision of these Terms and Conditions.  In the event that any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of these Terms and Conditions will remain in full force and effect.

Entire Agreement

These Terms and Conditions and Westcon’s Privacy Statement constitute the sole and entire agreement between you and Westcon with respect to the Academy Portal and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Academy Portal.