1. Definitions
1.1 In these terms and conditions: Agreement means (i) the Enrolment Form and (ii) these Terms and Conditions:
“Deposit” means the deposit amount set forth in the Enrolment Form and is payable at the date of this agreement;
“Enrolment Date” means the date on which You entered into this Agreement;
“Dale Gaucas Enrolment Form” means the document to which these terms and conditions are attached;
“Events” means (i) Workshops (ii) Seminars (iii) Webinars (iiii) Masterminds;
“Masterminds” are the DGPMS L.LC names for some of the webinars;
“Intellectual Property Rights” means patents, trademarks, copyrights, database rights, design rights, moral rights, goodwill, applications for registration of any of the foregoing and all rights of like nature arising or subsisting whether registered or unregistered;
“DG Programme” means (i) the Events, (ii) the educational materials, and (iii) the Indicator;
“Dale Gaucas”, “DGPMS L.L.C”, “DG” , “we”, “our” or “us” means Dale Gaucas Project Management Services L.L.C;
“DG Associates” shall mean all of DGPMS L.L.C, their agents, officers, employees, speakers and sponsors;
“Materials” means any materials created or distributed by DGPMS L.L.C in connection with the events or other elements of the DG Programme.
“Programme Price” means the fees for the DGPMS L.L.C Programme as set out on the Enrolment Form.
“Payment Plan” means any payment plan identified as such and agreed in the Enrolment form with respect to when You will pay the Programme Price.
“Recordings” include still images, video and audio recordings.
“Start Date” means the day you are scheduled to attend the first day of a DGPMS L.L.C Programme as stated (under “Course Dates”) in the Enrolment Form. Unless agreed otherwise by DGPMS L.L.C, any amendments to your booking will not change your Start Date. Where no Start Date is specified, your Enrolment date will apply.
“DG / DGPMS L.L.C Product and Services” or “DG / DGPMS L.L.C Services” means a physical package sent to you by recorded delivery from DaleGaucas.com, consisting of the Materials;
1.2 Clause and paragraph headings shall not affect the interpretation of this agreement.
2. Price and Payment
2.1. Subject to clause 9 (Cancellation) You will not be entitled to any refund of your Programme Price (or any part thereof) for any reason including if you fail to complete the DG Programme.
2.2 A deposit is payable on your Enrolment Date. The remaining balance of the Programme Price is payable as set out in the payment agreement. Please note that by signing this Agreement You hereby authorise DGPMS L.L.C to debit the deposit and balance from any credit or debit card details specified in the Enrolment Form on the date agreed.
2.3 DGPMS L.L.C will follow the payments set out in the payment schedule, in the event of any failed payments you authorise DGPMS L.L.C to collect any outstanding balances.
2.4 Your credit / Debit card statement will read ‘Services / Project Management’ , product name or the name of our company.
3. Dates and venues
3.1 DGPMS L.L.C reserves the right to make reasonable alterations to the presenter, date, time and / or venues of the Event where such alteration is necessary and beyond our reasonable control. DGPMS L.L.C shall provide you with reasonable notice of any such alteration.
3.2 DGPMS L.L.C reserves the right to alter the structure and content of the Events at its discretion without liability to You provided that the changes do not fundamentally alter the nature of the Events.
3.3 DGPMS L.L.C reserves the right to exclude You from any Event (or any part thereof) for any reason DGPMS L.L.C deem appropriate (acting reasonably).
3.4 DGPMS L.L.C requires a minimum of 14 days’ notice in writing of any postponement to your Start Date. Any request made outside of this period will require Dale Gaucas’s written permission.
4. Confidentiality
4.1 You shall not disclose to any person, use or copy confidential information concerning the business affairs, customers, clients or suppliers of DGPMS L.L.C or our Associates (including information learnt and all Materials) except where it may be required by law, court order or any governmental or regulatory authority or agreed in writing with DGPMS L.L.C in advance or such disclosure.
4.2 This clause 4 shall not apply in relation to any information that (save by breach of any duty of confidence) is or becomes generally available to the public or in respect or which the parties agree in writing is not confidential or may be disclosed.
5. Intellectual Property
5.1 DGPMS L.L.C shall have sole title and ownership of all Intellectual Property Rights in the Materials and Recordings created in the provision of any of our services. DGPMS L.L.C grants You a right to use the Materials solely for the purpose of You participating in the Events.
6. Liability
6.1 DGPMS L.L.C shall not be in breach of this Agreement nor liable to You for delay in performing, or failure to perform any of our obligations under this agreement if such delay or failure results from events, circumstances or causes beyond Dale Gaucas’ (or DGPMS L.L.C Associate’s) reasonable control (including but not limited to war, terror attack, civil war, industrial action or strike, failure of transport network, fire explosion, flood, earthquake, nuclear, chemical or biological contamination or compliance with any law or regulation) and in such circumstance DGPMS L.L.C shall be entitled to a reasonable extension of the time for performing such obligations.
6.2 DGPMS L.L.C shall not be liable to You or any other third parties, in contract, tort (including negligence), misrepresentation or otherwise arising in connection with this agreement, for any loss or damage (including, without limitation, damage for loss of business or loss of profits or anticipated savings) arising directly or indirectly from your use of the Materials or which was not reasonably foreseeable when this agreement was entered into, or which in any event was not caused by any breach by DGPMS L.L.C .
6.3 To the extent not prohibited by Law, the total liability of DGPMS L.L.C and DGPMS L.L.C Associates in contract, tort (including negligence), misrepresentation or otherwise arising in connection with this agreement shall be limited to the Programme Price paid by You.
6.4 The terms of this agreement do not affect your statutory rights.
6.5 Nothing in this agreement shall exclude or limit our liability for death or personal injury due to negligence or for fraud or fraudulent misinterpretation.
7. Warranties and Acknowledgements
7.1 DGPMS L.L.C warrants that it will provide its services with reasonable skill and care. All implied warranties and conditions are hereby excluded to the fullest extent permitted by law.
7.2 This agreement constitutes the whole arrangement between the parties and supersedes all previous agreements between the parties relating to this subject matter. Each party acknowledges that in entering into this Agreement, it has not relied on and shall have no right or remedy in respect of any statement, representation (save for any fraudulent misrepresentation) assurance of warranty (whether made negligently or innocently) other than as expressly set out in this Agreement.
7.3 This agreement shall not be amended (other than to allow for variations to reflect changes in the law, meet regulatory requirements or reflect new industry guidance and code of practice) unless agreed with DGPMS L.L.C in writing.
8. Release for Recordings and Marketing
8.1 During the Event, DGPMS L.L.C and its nominees reserve the right to make Recordings and You may be included in those Recordings.
8.2 You shall have no claim, right or interest in relation to the Recordings, which You accept we may use in whole or in part, in any medium, as part of our business, including, but not limited to use in the Materials.
8.3 Nothing herein will constitute any obligation on us to make any use of the Recordings.
8.4 You may not make any Recordings during the Event.
8.5 You authorise DGPMS L.L.C to send your contact details onto our recommended associate who may contact you to complete any pre-course set up requirements. You also authorise the associate to provide DGPMS L.L.C any and all information regarding You. If you do not wish for your contact details to be forwarded on, please contact info@dalegaucas.com.
9. Cancellation and Refund Policy
9.2 However, subject to clauses 9.3 and 9.4, You may cancel this Agreement on or before the 14th day from your Enrolment date (the “Cancellation period”) by writing by recorded delivery to Dale Gaucas Project Management Services L.L.C – Office C-02, ARB Block Commercial Building, Al Barsha First, 79998, United Arab Emirates, Dubai, a “Cancellation Notice”. If you cancel within this fourteen day period, your Deposit and any Course Price already paid will be refunded to you in full save as set forth in clause 9.3 and 9.4. You must send us the Cancellation Notice titled Dale Gaucas Product and Services Cancellation. The Cancellation Notice shall be deemed to be served as soon as it is posted or sent to DGPMS L.L.C at the above address. With the Cancellation Notice, you must send the complete DGPMS L.L.C package to DGPMS L.L.C in a perfect, unaltered condition back to DGPMS L.L.C .
9.3 Cancellation or termination of this Agreement shall be without prejudice to any rights which have accrued prior to you by us within seven Working Days of terminating or your cancellation request being received and confirmed by us.
9.4 You have FOURTEEN (14) Days from the date of your deposit to review the training and preview the course. Any refund requests after the FOURTEEN (14) DAY time limit will not be processed.
10. Miscellaneous
10.1 This Agreement and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with UAE law. The parties irrevocably agree that the courts of UAE shall have exclusive jurisdiction to settle any dispute or claim arising under or in connection with this Agreement.
10.2 This agreement is personal to you. You may not assign, transfer, sub contract or deal in any other manner with any or all of the rights and obligations under this agreement without the prior written consent of DGPMS L.L.C (such consent not to be unreasonably withheld or delayed).
10.3 No failure or delay by either party in exercising any of its rights under this agreement shall be deemed to be a waiver of that right and no waiver by either party of any breach shall be a waiver of any subsequent breach.
10.4 A person who is not a party to this agreement shall not have any rights to enforce any terms of this agreement.
10.4 You have FOURTEEN (14) Days from the date of your deposit to review the training and preview the course. Any refund requests after the FOURTEEN (14) DAY time limit will not be processed.
11. Discretionary Services And Service Revisions
11.1 As outlined in the enrolment form, webinars, online members area and social media groups provided by DGPMS L.L.C are discretionary. Any discretionary services offered by DGPMS L.L.C are not guaranteed as part of the DGPMS L.L.C programme they are FREE services to DGPMS L.L.C members and as such can be withdrawn, removed or changed at any time with no liability to DGPMS L.L.C .
11.2 DGPMS L.L.C may revise the Services under this Agreement from time to time for reasons such as a technical development, a change in business operations, new or amended or discontinued products or features, or due to a change in applicable laws with effect for the future.
Contact Us
If you have any questions, concerns or complaints about our Privacy Policy, our practices or our services, you may contact our Office of DGPMS L.L.C by email at info@dalegaucas.com. In the alternative, you may contact us by either of the following means:
- By Mail : Office C-02, ARB Block Commercial Building, Al Barsha First, 79998, United Arab Emirates, Dubai
- By Phone : +971 585658777
We will respond to all requests, inquiries or concerns within thirty (30) days.