Please read these Terms and Conditions carefully before using Services offered on this website operated by Feisty Duck Limited, Unit 2.05 12 - 18 Hoxton Street, London, N1 6NG, United Kingdom.
By making a purchase on our website and clicking on the accept button relating to our Terms and Conditions and Privacy Policy, or by ordering a training service from Feisty Duck, you the Customer agree to be legally bound by these Terms and Conditions and Privacy Policy as they may be modified and posted on our website from time to time. In the event of any inconsistency between the content of the Terms and Conditions and the Privacy Policy, the Terms and Conditions shall prevail followed by the terms of the Privacy Policy.
If you do not wish to be bound by these Terms and Conditions and Privacy Policy then you may not purchase our Services.
| Agreement | means these Terms and Conditions and Privacy Policy together; |
| Company | means Feisty Duck Limited; |
| Consequential Loss | means pure economic loss, special loss, losses incurred by any Client or other third party, losses arising from business interruption, loss of business revenue, goodwill or anticipated savings, losses whether or not occurring in the normal course of business, costs of procuring substitute goods or product(s) or wasted management or staff time; |
| Customer Data | means all data facilitating the Customer’s use of the Services; |
| Force Majeure | means anything outside the reasonable control of a party, including but not limited to, acts of God, fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, war, rebellion, insurrection, sabotage, epidemic, quarantine restriction, labour dispute, labour shortage, power shortage, including without limitation where Company ceases to be entitled to access the Internet for whatever reason, server crashes, deletion, corruption, loss or removal of data, transportation embargo, failure or delay in transportation, any act or omission (including laws, regulations, disapprovals or failures to approve) of any government or government agency; |
| Intellectual Property Rights | means all copyrights, patents, utility models, trade marks, service marks, registered designs, moral rights, design rights (whether registered or unregistered), technical information, know-how, database rights, semiconductor topography rights, business names and logos, computer data, generic rights, proprietary information rights and all other similar proprietary rights (and all applications and rights to apply for registration or protection of any of the foregoing) as may exist anywhere in the world; |
| Privacy Policy | means the privacy policy published at feistyduck.com/about/privacy as amended from time to time; |
| Services | means the books and technical training services of the Company, ordered by the Customer which are made available to the Customer in accordance with the terms of this Agreement and including, if appropriate, Updates thereto; |
| Terms and Conditions | means these terms and conditions published at feistyduck.com/about/terms_and_conditions as amended from time to time; |
| Updates | means any new or updated services or tools (including book content updates, SSL/TLS and PKI news, and any training material updates) made available by the Company as part of the Services |
2.1. The Customer is not allowed to remove any proprietary marks or copyright notices from the Services.
2.2. The Company may take and maintain technical precautions to protect the Services from improper or unauthorised use, distribution or copying.
3.1. Each party undertakes to comply with its obligations under relevant applicable data protection laws, principles and agreements.
3.2. Any information that the Customer provides to the Company including information provided during registration or information provided when ordering or using the Services (such as the Customer’s email address) will be used by the Company in accordance with the terms of this Agreement and the Privacy Policy.
4.1. Each party warrants and represents that: (i) it has full power and authority to enter into this Agreement and to perform the obligations required hereunder; (ii) it shall respect all applicable laws and regulations, governmental orders and court orders, which relate to this Agreement.
4.2. No warranty is made regarding the results of usage of the Services or that the functionality of the Services will meet the requirements of the Customer or that the Services will operate uninterrupted or error free. This clause shall survive the termination of this Agreement.
4.3. All third party content or information provided by the Company via the Services, for example prices is provided “as is”. The Company provides no warranties in relation to such content or information and shall have no liability whatsoever to the Customer for its use or reliance upon such content or information.
4.4. The Customer warrants that it rightfully owns the necessary user rights, copyrights and ancillary copyrights and permits required for it to fulfil its obligations under this Agreement.
4.5. Except as expressly stated in this Agreement, all warranties and conditions, whether expressed or implied by statute, common law or otherwise (including but not limited to satisfactory quality and fitness for purpose), are hereby excluded to the fullest extent permitted by law.
5.1. Neither party excludes or limits its liability for fraud, death or personal injury caused by any negligent act or omission or willful misconduct in connection with the provision or use of the Services.
5.2. Neither party shall be liable for any Consequential Loss arising out of or related to this Agreement or in tort (including negligence or breach of statutory duty), misrepresentation or however arising, even if the party was advised of the possibility of such damages.
5.3. Subject to clauses 5.1 and 5.2 the total liability of the Company to the Customer in aggregate (whether in contract, tort or otherwise) for any and all claims relating to or arising under this Agreement or based upon any claim for indemnity or contribution shall be limited to the total Fees (excluding all taxes) paid by the Customer to the Company during the 12 month period prior to the date on which any such claim arose. If the duration of the Agreement has been less than 12 months, such shorter period shall apply.
6.1. If all or any part of the Services becomes, or in the opinion of the Company may become, the subject of a claim, the Company at its own expense and sole discretion may: (i) procure for the Customer the right to continue to use the Services or the affected part thereof; or (ii) replace the Services or affected part with other suitable non-infringing service(s); or (iii) modify the Services or affected part to make the same non-infringing.
6.2. Each party (‘the first party’) indemnifies and undertakes to keep indemnified the other party, its officers, servants and agents (‘the second party’) against any costs or expenses (including the cost of any settlement) arising out of any claim, action, proceeding or demand that may be brought, made or prosecuted against the second party under clause 6 of this Agreement. Such indemnity extends to and includes all costs, damages and expenses (including legal fees and expenses) reasonably incurred by the second party in defending any such action, proceeding claim or demands.
7.1. The Customer must ensure that each password is only used by the user to which it has been assigned. The Customer is responsible for any and all activities that occur under the Customer’s account and via the Customer’s passwords. The Customer will immediately notify the Company if the Customer becomes aware of any unauthorised use of the Customer’s account, the Customer’s passwords or breach of security known to the Customer. The Company shall have no liability for any loss or damage arising from the Customer’s failure to comply with these requirements.
7.2. The Company may suspend access to the Services, or portion thereof, at any time, if in the Company’s sole reasonable discretion, the integrity or security of the Services is in danger of being compromised by acts of the Customer.
8.1. The Company may immediately terminate this Agreement or the provision of any Services provided pursuant to this Agreement if: (i) the Customer has used or permitted the use of the Services other than in accordance with this Agreement; or (ii) the Company is prohibited under applicable law, or otherwise from providing the Services; or (iii) if the Services are being provided free of charge.
8.2. Either party shall be entitled to terminate this Agreement on written notice to the other party if the other party: (i) goes into voluntary or involuntary liquidation (otherwise than for the purpose of a solvent reconstruction or amalgamation) or has a receiver or administrator or similar person appointed or is unable to pay its debts within the meaning of s268 Insolvency Act 1986 or ceases or threatens to cease to carry on business or if any event occurs which is analogous to any of the foregoing in another jurisdiction; or (ii) commits a material breach of any term of this Agreement which, if capable of remedy, is not remedied within 28 Business Days of receipt of a written notice specifying the breach and requiring it to be remedied; or (iii) is prevented by Force Majeure from fulfilling its obligations for more than twenty eight (28) days.
8.3. Upon termination of this Agreement: (i) the Company shall immediately cease providing the Services to the Customer; and (ii) at the option of the Customer, following receipt of a request from the Customer the Company shall delete (unless it is required not to for legal purposes) all personal data, provided that such request is made within 30 days of termination.
8.4. Termination of this Agreement for whatever reason shall not affect the accrued rights of the parties. All clauses which by their nature should continue after termination shall, for the avoidance of doubt, survive the expiration or sooner termination of this Agreement and shall remain in force and effect.
9.1. Nothing contained in this Agreement or in any instrument or document executed by any party in connection with the provision of the Services is intended to be enforceable by a third party under the Contracts (Rights of Third Parties) Act 1999, or any similar legislation in any applicable jurisdiction.
10.1. No party may assign or transfer its rights under this Agreement without the prior written consent of the other party, such consent shall not be unreasonably withheld, however the Company shall be entitled to assign the Agreement to: (i) any company in the Company’s group of companies; or (ii) any entity that purchases the shares or assets of the Company as the result of a merger, takeover or similar event.
11.1. If a party is wholly or partially prevented by Force Majeure from complying with its obligations under this Agreement, then that party’s obligation to perform in accordance with this Agreement will be suspended. As soon as practicable after an event of Force Majeure arises, the party affected by Force Majeure must notify the other party of the extent to which the notifying party is unable to perform its obligations under this Agreement. If the Force Majeure event last for more than 28 days the non-defaulting party may terminate this Agreement with immediate effect without penalty.
12.1. Should a provision of this Agreement be invalid or become invalid then the legal effect of the other provisions shall be unaffected. A valid provision is deemed to have been agreed which comes closest to what the parties intended commercially and shall replace the invalid provision. The same shall apply to any omissions.
12.2. This Agreement constitutes the whole agreement and understanding between the parties and supersedes all prior agreements, representations, negotiations and discussions between the parties relating to the subject matter thereof.
12.3. In the event of any inconsistency between the content of the Terms and Conditions and the Privacy Policy, the Terms and Conditions shall prevail followed by the Privacy Policy.
12.4. This Agreement shall be governed by the laws of England and Wales. The courts of England shall have exclusive jurisdiction for the settlement of all disputes arising under this Agreement.
These terms and conditions apply to customers who purchase our Training services, in addition to the General Terms and Conditions.
We do not accept orders from anyone under 18 or anyone who does not have capacity to form a contract under their own local laws. All details you provide to us for the purpose of ordering or purchasing goods must be accurate and complete. The credit or debit card you are using must be your own and there must be sufficient funds in your account to cover payment of the product(s) ordered. You must not use the website in any way that can cause interruptions or damages in any way.
We accept orders of on-site courses and tickets for public courses via email. On reception of the email, we will confirm availability and issue an invoice for the order. We also use Ticket Tailor to provide individual tickets for our public courses. Payment for training must be made at the time of booking. You can book a course by following a Book link from the course page on our website and submitting your details and the payment on Ticket Tailor. On completing the order, you will receive a confirmation email with the booking details. Feisty Duck’s cancellation terms will apply to these orders.
We reserve the right to change the course fees at any time, but price changes will not affect orders that you have already placed. Prices quoted for courses on our web site are exclusive of VAT. Where any taxable supply for VAT purposes is made by us to you, you shall pay to us such additional amounts in respect of VAT as are chargeable on the supply of the training courses, as such amounts will be made clear to you on our website and on Ticket Tailor at the time of booking, at the same time as payment is due for them.
We sometimes offer early bird discounts for early bookings of our trainings. For details, see individual course booking pages.
Details of the specific venue will be provided in the joining instructions for all training courses.
Unless different cancellation terms are stated in our quotation for a specific training, these cancellation terms apply to all types of training - classroom, online and in-house. Any cancellation by you must be made by emailing us.
You may cancel or reschedule a course subject to the following charges:
We reserve the right to change or cancel our training courses. If we have to change a course location or a course date, we will try to give you as much advance notice as possible. If you are unable to attend a course at the revised location or date, we will credit any fees paid against a future course or, if requested, issue a refund of the fees. However, we will not be liable for any other costs incurred such as travel charges or any consequential damages, even if we were advised of them.
All training courses are subject to availability and demand. If we are unable to supply you with a service, for example because that service is no longer available or due to an event outside our reasonable control, we will inform you of this by email and we will cancel your order and refund you the full amount as soon as possible.
You may appoint a substitute to take your place at a training provided you notify us at least one business day before the start of the training.
Whilst every effort will be made to avoid resource changes, we reserve the right to amend or replace any pre-named trainer scheduled to deliver a specific course with a substitute with similar technical expertise.
We will not be able to refund any fees should you not attend a booked course.
Sharing of tickets is not permitted.
You agree to abide by security measures in effect at the course location.
Our total liability to you in respect of all other losses arising under or in connection with use of our Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed 100% of the price of the Services supplied to you.
We will not be liable for any loss of personal property at the course location.
All copyrights, patents, designs and other intellectual property rights in or relating to any course materials provided or made available in connection with our courses remain the sole property of Feisty Duck Ltd. No part of any course materials may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, or translated into any language, without our written permission.
According to our Privacy Policy we will use your contact details to send you any information relevant to the course you have subscribed to and to notify you of any cancellations or changes of schedule. With your consent, we may include you in our mailing lists to notify you of new courses and events. You can unsubscribe from any mailing lists at any time in the Settings/Edit email preferences section of our website.
We reserve the right to photograph and film our training and use images or footage taken on the day in all and any media, including on our website, in our printed publications, presentations and promotional materials. If any footage or images contain your face or can clearly identify you, we will seek your permission before we use the footage. We also reserve the right to publish quotes you supplied in your feedback form, where you gave permission for that. Any quotes we publish will be fully credited. If you do not want your image or feedback to be published, please inform your trainer during your course.
These terms and conditions apply to customers who purchase our books, in addition to the General Terms and Conditions.
We do not accept orders from anyone under 18 or anyone who does not have capacity to form a contract under their own local laws. All details you provide to us for the purpose of ordering or purchasing goods must be accurate and complete. The credit or debit card you are using must be your own and there must be sufficient funds in your account to cover payment of the product(s) ordered. You must not use the website in any way that can cause interruptions or damages in any way.
You agree to pay the fees displayed on our website for the content you purchase. Prices and products are subject to availability and they may change before we accept your order. They will not change after we accept your order. When you order you will be shown a summary of your order, and you will be able to alter the details and correct any errors.
When you place an order, you will receive an e-mail confirming receipt of your order and containing the details of your order. All orders are subject to approval and we reserve the right to reject any order.
If your order contains digital books, you will get immediate download access as soon as the transaction is complete. We will send you an email with a download link for your own personalised digital book.
We use Gumroad to sell digital books. Gumroad will charge you in USD. Your credit card company will calculate your local currency equivalent and you are responsible for any card charges which may be incurred for foreign purchases.
The format of our ebooks is non-DRM PDF and EPUB. You can view the files in any program or device that supports them. Each ebook you purchase is personalised and contains identifying information. You may make copies of the books for your personal use, but you may not give or sell your files to other people. Breach of any of these terms will result in the immediate suspension of the service and blocked access to any future versions of the books.
Customers from the European Union purchasing digital books will have the VAT at their country’s rate added to the price of the book.
Our digital books are continuously updated. A purchase of an ebook entitles you to free content updates within the life of that edition. We will notify you by email of any major updates to the book you purchased, so that you can return to our website and download the latest version of the book.
If for any reason you prefer not to receive content update emails, you can disable them in your account area under Email Preferences.