Basic Training

Basic Training – Terms and Conditions

LEGAL AGREEMENT & LEGAL BINDINGNESS

  1. This is a legally binding agreement (“this Agreement”) between you and Benchmark International Limited (“Benchmark”).
    You are strongly advised to read thoroughly and carefully the terms and conditions as set out herein, given the signing of this Agreement by you below would immediately create a legally binding agreement between you and Benchmark.

By your signing of this Agreement, you are deemed to have either consulted legal professionals beforehand or have considered that the same not being necessary in light that you fully understood the terms and conditions of this Agreement inclusive of their legal implications on you.

DECLARATION AND WAIVER OF FUTURE CLAIMS

  1. Once this Agreement is signed by you, you will be deemed to have :
    1. fully understood all the contents, terms and conditions therein;
    2. agreed to absolutely abide by all the terms of this Agreement voluntarily;
    3. confirmed that you are 18 years old or above; and
    4. completely forfeited and/or waived any and all rights or claims of whatever nature, past, present and future, which you may have against Benchmark and any member(s) of its group of companies (hereinafter, collectively the “Benchmark Group”), their respective, board members, employees, shareholders, successors, assigns, supporting ex-participants, helpers, support staff and heirs (hereinafter collectively the “Benchmark Associates”). For clarity, the above forfeiture and/or waiver of rights or claims would include your forfeiture and/or waiver of any of your rights to initiate any actions through the consumer councils or their equivalents within the jurisdiction applicable to the particular Benchmark Trainings that I will participate in.

CANCELLATION AND RELATED REFUNDS

  1. You may apply for a full cancellation related refund of your paid tuition fees for the workshop(s), training(s), course(s) and/ or module(s) of Benchmark (hereinafter collectively the “Benchmark Trainings” and singularly the “Benchmark Training”), if your written application is made within 72 hours after the time of your payment of such tuition fees. Please note that any of such refund would be made to you at Benchmark’s sole discretion and at the timings selected at Benchmark’s sole discretion. Should any refund be made, all handling fees (chargeable by the relevant handling banks and/or financial institutions, for instance where you have paid your tuition via credit card) would be borne by you and be deducted from the said refund, before the balance of the same is made payable to you.
  2. If you wish not to attend the Benchmark Training, within the period of 3 calendar days to 3 calendar monthsafter the time you have paid your tuition fees for it, you may apply to Benchmark in writing whereupon and subject to the sole discretion of Benchmark, you may either :
    1. transfer your paid tuition fees to a subsequently scheduled Benchmark Training of the same class/category (for the avoidance of doubts, the Benchmark Basic Training is of a different class/category to the Benchmark Advance Training), provided that such subsequent training will commence within 12 calendar months from the date of your payment of your tuition fees; or
    2. apply for a partial cancellation related refund of your paid tuition fees for the Benchmark Training. Please note that any of such refund would be made to you at Benchmark’s sole discretion and at the timings selected at Benchmark’s sole discretion. Should any refund be made, all handling fees (chargeable by the relevant handling banks and/or financial institutions, for instance where you have paid your tuition via credit card) would be borne by you and be deducted from the said refund, before the balance of the same is made payable to you. At the same time, an administrative fee would also be chargeable to you by Benchmark, which administrative fee may vary from time to time and may be different from jurisdiction to jurisdiction depending on the jurisdiction in which you have made your enrolment to attend the Benchmark Training. As such, the administrative fee would also be deducted from the said refund, before the balance of the same is made payable to you.

DOCUMENTATION SUBMISSION

  1. You must submit all enrolment documentations and materials for the Benchmark Training as well as the “Pre-Training Homework”, to Benchmark by the earlier of (i) 3 calendar days after the date of your enrolment into the Benchmark Training; or (ii) the commencement of the Benchmark Training in which you will participate.

TUITION FEES PAYMENT

  1. You must fully and finally pay up all your tuition fees towards the Benchmark Training by the earlier of (i) 7 calendar days after the date of your enrolment into the Benchmark Training; or (ii) the commencement of the Benchmark Training in which you will participate.

TRANSFERS

  1. Unless specifically set out in this Agreement, your tuition fees towards the Benchmark Training could not be transferred to any other training(s) and/or workshop(s) of Benchmark which are of a different class/category. For the avoidance of doubts, the Benchmark Basic Training is of a different class/category to the Benchmark Advance Training.

OTHER REFUNDS

  1. If you are compelled, requested and/or required to cease attendance and/or participation in the Benchmark Training by any staff of Benchmark and/or the trainer(s) of such aforesaid training (the “Trainer(s)”) for any reasons whatsoever after you have paid all or any part of the related tuition fees, you will receive a full refund of the same. Should any aforesaid refund be made, the timing of such refund would be scheduled at the sole discretion of Benchmark and all handling fees (chargeable by the relevant handling banks and/or financial institutions, for instance where you have paid your tuition via credit card) would be borne by you and be deducted from the said refund, before the balance of the same is made payable to you.
  2. If you choose to discontinue the Benchmark Training during its training period, you will not be entitled to any refund, but you may within the period of 3 calendar days to 3 calendar months after the time of your afore-said discontinuance of the Benchmark Training, by written application, transfer your paid tuition fees into a subsequently scheduled Benchmark Training of the same class/category (for the avoidance of doubts, the Benchmark Basic Training is of a different class/category to the Benchmark Advance Training), provided that such subsequent training will commence within 12 calendar months after the date of your afore-said discontinuance of training.
  3. If you view that you have derived no value at all from the Benchmark Training, after your having completed the entire five-day sessions of it, you may within 72 hours after your completion of the Benchmark Training on Sunday apply by written application for a partial refund of your paid tuition fees for the Benchmark Training. Please note that any of such refund would be made to you at Benchmark’s sole discretion and at the timings selected at Benchmark’s sole discretion. Should any refund be made, all handling fees (chargeable by the relevant handling banks and/or financial institutions, for instance where you have paid your tuition via credit card) would be borne by you and be deducted from the said refund, before the balance of the same is made payable to you. At the same time, an administrative fee would also be chargeable to you by Benchmark, which administrative fee may vary from time to time and may be different from jurisdiction to jurisdiction depending on the jurisdiction in which you have made your enrolment to attend the Benchmark Training. As such, the administrative fee would also be deducted from the said refund, before the balance of the same is made payable to you.

TIME IS OF ESSENCE

  1. As many refund procedures as set out in this Agreement are time-specific and time-sensitive, please note that time is of the essence in this Agreement.

CONFIDENTIALITY

  1. You hereby agree that you will not make any records (inclusive of recording by any means, photographing, videotaping and/or filming and etc.) of any part of the Benchmark Training during and/or after the training itself.
  2. You irrevocably undertake that all information, shared experiences, communication and/or data, in any form, which are made available to and/or are shared with you and/or disclosed to you by any of the Benchmark Associates and/or any participants of the Benchmark Training shall be deemed to be “Confidential Information”.
  3. All Confidential Information, whether in writing form, oral form and/or any other tangible form and in any form whatsoever, shall be treated as confidential and safeguarded you at all times.
  4. You irrevocably undertake and agree that any Confidential Information shall be kept absolutely confidential by you at all times except as may be required by applicable law or legal process and that you will not disclose or disseminate such Confidential Information to anyone, unless and until such time as such Confidential Information:
    1. is available generally to the public, other than as a result of your breach of this Agreement; or,
    2. is disclosed lawfully to you by a third party who is free lawfully to disclose the same.
  5. You irrevocably undertake to indemnify any of the Benchmark Associates and/or any participants of the Benchmark Training for any losses, damages and /or claims of whatever nature, past, present and future, which any of the Benchmark Associates and/or any participants of the Benchmark Training may face and/or incur as a direct and/or indirect result of your having breached any of the section(s) as contained in sections 12 – 15 above and/or your having committed any breach of confidentiality . You also irrevocably agree that any of the Benchmark Associates may apply for an injunction at any time to prevent your breach of any of the section(s) as contained in sections 12 – 15 above and/or your commission of any breach of confidentiality.

TRAINER(S)’S DISCRETION

  1. The Trainer(s) and the staff Benchmark shall have at all times the sole discretionary right and power to compel, request and/or require you to cease attendance and/or participation in the Benchmark Training, without offering and/or sharing any reasons.

PROPRIETARY AGREEMENT

  1. You irrevocably undertake and agree that all material(s), concept(s), information, presentation(s), communication(s) and/or data, in any form whatsoever (“Benchmark Proprietary Materials”) used by and/or referred to in any of the Benchmark Associates during and in respect of the Benchmark Training are the exclusive property of Benchmark. Whether or not the Benchmark Proprietary Materials are registered or protected by any of the Benchmark Associates via copyright, trademark, intellectual property and/or trade secret laws, you will not at any time during and/or after the Benchmark Training directly or indirectly, distribute, disseminate, copy and/or, duplicate the Benchmark Proprietary Materials to any parties, whether for the purpose of financial gain(s) and/or otherwise.
  2. By participating in the Benchmark Training, you further acknowledge and declare that you will by no means be deemed to have acquired any right or interest in the ownership and/or distribution rights of the Benchmark Proprietary Materials and that Benchmark shall remain the exclusive owner of the same at all times.
  3. You also acknowledge that Benchmark is the exclusive owner of the entire right, title and interest in the Benchmark Proprietary Materials, which shall include non-exhaustively any trademarks (registered and/or unregistered), trade name(s), logo(s) and domain name(s) of the Benchmark Associates, and all other intellectual property rights incorporated into or in any way used in connection with the Benchmark Proprietary Materials, and that you hereby irrevocably waive and forfeit all your rights (whether past, present and/or future) to contest the above.
  4. You irrevocably undertake to indemnify any of the Benchmark Associates for any losses, damages and /or claims of whatever nature, past, present and future, which any of the Benchmark Associates may face and/or incur as a direct and/or indirect result of your having breached any of the section(s) as contained in any of the section(s) contained in sections 18 – 20 above and/ or your having committed any breach of proprietorship of the Benchmark Proprietary Materials which shall at all times belong exclusively to Benchmark. You also irrevocably agree that any of the Benchmark Associates may apply for an injunction at any time to prevent your breach of any of the section(s) contained in sections 18 – 20 above and/or your commission of any breach of proprietorship of the Benchmark Proprietary Materials which shall at all times belong exclusively to Benchmark.

NO HARASSMENT

  1. You irrevocably undertake and agree not to be involved in and/or initiate any sexual and/or any forms of harassment within Benchmark’s training rooms. In this regard, you irrevocably undertake to indemnify any of the Benchmark Associates and/or any participants of the Benchmark Training for any losses, damages and /or claims of whatever nature, past, present and future, which any of the Benchmark Associates and/or any participants of the Benchmark Training may face and/or incur as a direct and/or indirect result of your having breached this section herein. You also irrevocably agree that any of the Benchmark Associates may apply for an injunction at any time to prevent your breach this section herein.

CONSENT TO PERSONAL DATA COLLECTION

  1. You authorize Benchmark to collect, manually and/or electronically process and use your personal data for purposes relating to the provision of Benchmark Trainings, processing and administration, maintaining of our records relating to you, and marketing services including but not limited to communications about Benchmark and/or Benchmark Group’s new products or services, offerings or upcoming events (by mail, telephone calls or electronic channels). You also authorize Benchmark to share and transfer these data, for the same purposes, worldwide within Benchmark’s Group or to third parties. At any time, you may update, correct or remove your personal data, get access to them, or discontinue receiving further communication from Benchmark by email us at inquiry@benchmarktrainings.com or send a request in writing to 13/F, West Exchange Tower, 322-324 Des Voeux Road Central, Sheung Wan, Hong Kong

DECLARATION

  1. By signing this Agreement, you are irrevocably declaring and confirming that you are enrolling into the Benchmark Training out of your own volition. You understand that some exercises within the Benchmark Trainings could be considered too intense, and at times, demanding and unsettling for some and that you will take full responsibility for my own health and well-being and accept all risks of my participation in the Benchmark Training. You warrant that you will refrain from the taking of alcohol and/ or any non-prescribed/mood-altering drugs during any parts of the Benchmark Training and that you are not dependent on any substances. You further warrant and confirm that you are not participating in any of the Benchmark Trainings as a “substitute” for medical and/or mental health treatment (inclusive of counseling and therapy sessions). You also hereby confirm and undertake to notify and advise Benchmark immediately, if there are any material changes to your status as well as your replies as set out in this Agreement, from the date of your signing of this Agreement.Finally, you also specifically and irrevocable forfeit and/or waive any and all rights or claims of whatever nature, past, present and future, which you may have against the Benchmark Associates. For clarity, the above forfeiture and/or waiver of rights or claims would include your rights to initiate any actions through the consumer councils or their equivalents within the jurisdiction applicable to the particular Benchmark Trainings that you will participate in.

ENFORCEABILITY

  1. This Agreement has superseded and replaced all oral, written or proposals, representations, warranties, agreements or promises otherwise reached between you and any of the Benchmark Associates.
  2. Any provision of this Agreement upheld to be invalid, illegal or unenforceable at any time shall be ineffective but shall not affect the validity, legality and enforceability of the other provisions hereof. In the event of such invalidity, illegality or unenforceability of a particular provision, the parties to this Agreement shall negotiate and reach a new agreement as quickly as possible to replace such invalid, illegal or unenforceable provision.
  3. This Agreement or any rights or obligations hereunder cannot be freely assigned by you, but can be freely assignable by Benchmark.
  4. This Agreement may be executed in English or Chinese, in the event of an inconsistency between the two versions, the English version shall prevail.
  5. This Agreement shall be construed and interpreted in accordance with the laws of Hong Kong Special Administrative Region and the parties hereby irrevocably submit to the non-exclusive jurisdiction of the courts of Hong Kong Administrative Region.