Preface

Manda Risk Management Solutions Ltd is a subsidiary organisation based in Kenya wholly owned by International Location Safety Ltd. Manda Risk provides identical services as its parent company which includes security risk management consultancy, online and practical hostile environment awareness training, and consultancy, advice, and support to organisations and individuals.

Definitions

Agreement: The Terms and Conditions and the approved and confirmed Booking Form by Manda Risk or its parent company ILS.

Booking form: The electronic Booking Form issued to the Customer by Manda Risk or its parent company ILS.

Charges: The charges payable by the Customer for the supply of the Services by the Supplier as set out in the Booking Form approved and confirmed by Manda Risk or its parent company ILS. 

Conditions: The contract between the Customer and the Supplier for the supply of the Services in accordance with the Contract Details, these Conditions and any applicable Schedules.

Customer: The entity or person identified in the Booking Form.

Expenses: Costs incurred in respect of travel and accommodation wholly and necessarily for the purposes of the Agreement.

ILS: International Location Safety Ltd (UK Company Registration Number: 9481529) being Manda Risk's parent company and Data Controller.

Materials: Without limitation refer to copyright, patents, design, slides, hand-outs, training exercises and case studies.

Manda Risk: Manda Risk Management Solutions Ltd (Company Registration Number: PVT-3QUDXP33).

‍Parties: The person or entities who are involved in this agreement who commit to fulfilling the obligations and responsibilities specified within the terms and conditions.

Participant: The individual or individuals who are to receive the Training Services.

Personal Data: The data which relates to a living individual who can be identified from that data or from that data and other information and which is provided to Manda Risk by the Customer.    

Supplier: Is in reference to Manda Risk Management Solutions Ltd.

The Trainer: Any person delivering the Training Services.

The Training Location: The place at which the Training Services are to be provided by Manda Risk.

Training Services: The training services set out in the Booking Form or the Proposal. 

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Obligations of Manda Risk Management Solutions

1. Manda Risk shall provide the Training Services on the Date(s) as detailed on the Booking Form and in accordance with the Agreement.

2. Manda Risk warrants that in carrying out the Training Services, it will exercise all reasonable skill and care to be expected of a professional, experienced in such work.

3. Manda Risk or its parent company ILS may alter the Training Location by written notice to the Customer at least 72 hours before the Training Services are due to commence.

4. Manda Risk shall comply with all applicable health and safety legislation and codes of practice.

5. Manda Risk may remove a Participant from a course, where, in the opinion of the Trainer, which shall be final, the Participant is behaving unreasonably or dangerously, or where there are safeguarding concerns.

6. Manda Risk will provide an invoice upon booking.

7. In the event that the Customer fails to make payment in accordance with this Agreement, Manda Risk may:

a. Charge interest at the prevailing Central Bank of Kenya’s rate.

b. Suspend supply of Services.

8. Manda Risk may sub-contract the provision of Training Services to Trainers.

9. Manda Risk has public liability insurance cover and shall provide evidence of this cover upon request.

10. Manda Risk may refer to the Customer, by use of its logo or name, and refer to the fact that Manda Risk provides Training Services for the Customer within any marketing or similar materials, including ILS website. Customers who do not wish to have their logo or name being referenced by Manda Risk or ILS should email info@locationsafety.com to be excluded from this clause.

11. Intellectual Property Rights:

a. All intellectual property rights in materials provided by Manda Risk and/or used in a Training Course including, without limitation, copyright, patents, design, slides, hand-outs, training exercises and case studies (“Materials”) shall be owned by Manda Risk or the parent company ILS.

b. Manda Risk grant a revocable, non-transferable licence to use the Materials for personal purposes only.

c. Manda Risk do not send out copies of slides after a Training Course.

d. The Customer and Participant is prohibited from reselling, licensing or otherwise transferring the Materials whether in their original form or altered, adapted, republished or reproduced and whether or not combined with other materials.

e. The Customer and the Participant is not permitted to remove any copyright notice from the Materials.

12. Under no circumstance are Participants or Customers allowed to use artificial intelligence technology, such as Otter.ai, Read.ai bots or similar tools, to transcribe Manda Risk’s meetings and trainings without explicit permission as the unauthorized use of AI can compromise the privacy and security of participants and may violate Manda Risk and ILS’s policies.  

13. If an artificial intelligence bot is detected in a Manda Risk video conferencing session or training, Manda Risk reserves the right to terminate the session and remove the bot and participant from the meeting/training.

14. In no event, to the extent permitted by law, shall Manda Risk be liable for (whether direct or indirect) death or any injury to Participants, nor any loss of contracts, profits, anticipated savings, revenue, goodwill, business, loss or corruption of data or software programs, financing expenses, interruption in the use or availability of data, stoppage to other work or consequential losses, nor for any indirect losses.

15. ILS’ Privacy Policy constitutes part of this agreement and must be read and agreed in conjunction with these Terms and Conditions. The Link to ILS’ Privacy Policy can be viewed by going to the following link https://www.locationsafety.com/privacy-policy

Obligations of the Customer

16. The Customer will ensure that Participants act reasonably throughout the provision of Training Services by Manda Risk. Where damage is caused to Manda Risk’s property or equipment, or property or equipment belonging to a third party used by Manda Risk in the course of its business, as a result of negligence, a deliberate act or omission by the Participant, Manda Risk will be entitled to recover costs from the Customer.

17. The Customer will pay within fourteen (14) days of Manda Risk’s invoice of the Charges for Training Services unless agreed separately with Manda Risk.

18. Sums due under this Agreement are exclusive of VAT which shall be payable by the Customer.

19. The Customer shall pay the Charges without deduction or set-off.

20. The Customer shall ensure that it has in place all necessary consents in connection with Personal Data to allow Manda Risk to perform the Training Services without infringing any third-party rights.

21. This Agreement is personal to the Customer and may not be assigned by the Customer in whole or in part.

22. The Customer shall not during the term of this Agreement and for a period of six (6) months thereafter, entice or solicit for employment with it or any other entity any Trainer who has been engaged to provide the Training Services.

Cancellation, Transfers and Postponement

23. Notification of any cancellation or course date transfer by the Customer must be made to info@locationsafety.com.

24. Manda Risk reserves the right to cancel any training event should economic viability of the event be compromised by a shortfall in participants. Manda Risk will inform the Customer using the email address provided on the booking form no later than seven (7) working days prior to the event’s commencement. A full refund will be provided to the Customer on any monies paid in advance.

25.  If a Customer wishes to cancel their booking the following charges shall be due:

Face to face training:

Online training:

26. A date transfer needs to occur at the time of cancellation and will only be considered as such if the updated course date occurs within the 3 months succeeding the original course dates. If transfer is made onto a course to be held more than 3 months after the originally booked course this is considered a cancellation, and the cancellation charge will apply. No more than 2 transfers may be made from the original booking.

27. In the event that a Participant cannot attend a booked course they will be entitled to substitute a person at no extra cost. Details of the substituted person must be provided to Manda Risk no later than 72 hours before the course is due to start.

28. For organisations who have a Framework Agreement in place, agreed prices are only valid during the term of the agreement. Trainings booked outside the term of the Framework Agreement will be treated as a regular booking and current training fees will apply.

Obligations of both parties

29. Confidentiality: The parties shall treat as and keep confidential all information whether of a technical, commercial or any other nature relating to the other party and shall not, during the period of this agreement, or at any time after its termination, divulge any such information to any person not authorised by the divulging party to receive it and shall not utilise any secret or confidential knowledge or information acquired in connection with this agreement to the detriment or prejudice of the other party or use the same for any purposes save for the purposes of this agreement.

30. Force Majeure: Neither party shall be responsible for any failure or delay in performance of its obligations under this agreement (other than the obligation to make payments of money) due to any force majeure event including, Act of God, refusal of license (other than as a result of any act or omission) or other Government act, fire explosion, embargo, terrorism, civil disturbance, accident, epidemics, lightning damage, electromagnetic interference, radio interference, strikes, industrial dispute, or any other cause beyond its reasonable control.

31. Entire Agreement: This Agreement sets out the entire agreement between the parties in relation to the subject matter hereof and supersedes all previous arrangements, agreements and representations whether written, oral or implied between the Customer and Manda Risk relating to the Training Services.

32. Effectiveness: This Agreement shall be effective upon the Customer receiving acceptance of the Booking Form and confirmation of the training from Manda Risk or its parent company ILS.  

33. Third Parties: Third parties have no rights under the Law of Contract Act or any amendment to or re-enactment of it to enforce any provision of this Agreement.

34. Law: This Agreement shall be construed in accordance with the Laws of Kenya and the Kenyan courts shall have sole jurisdiction.

35. Conflict Resolution: In the event of any conflict or dispute, the parties agree to first attempt to resolve the matter through good-faith negotiations in order to reach an amicable settlement.

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If you have any questions regarding these terms & conditions, please email: info@locationsafety.com