Terms & Conditions – use of Training Materials
This is a legal agreement between you (Licensee or you) and 3 Spirit UK Enterprise, which includes printed and electronic training materials and online documentation (Documentation).
By clicking on the “purchase” button you agree to the following terms:
Documentation to you and you must discontinue the purchasing process now.
- THE PRODUCT – A DESCRIPTION
We describe our products as:
- Single A4 printed infographic
- Single A3 printed infographic
- Single electronic infographic
- Bundle packs including a mix of the above
- All of the above are referred to as ‘Training Materials’
- THE SALE
The purchase of Training Materials are subject to the following:
- the prices set out for the relevant product on our website; and
- the purchase of the Training Materials includes the granting of a non exclusive, non-transferable licence to use the Training Materials and the Documentation on the terms of such licence.
- THE LICENCE
- receive and possess the Training Materials associated with the relevant Training Course identified in the text descriptor
- as the licensee, may only use the training materials in their own organisation in a range of learning activities, for example informal training sessions, team meetings, as posters on the walls.
- LICENSEE’S UNDERTAKINGS
you undertake to:
- not to copy the Training Materials to give to another person to use within training. If another person within your organisation requires use of these materials, another licence should be purchased
- not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Training Materials or;
- not to alter, or modify, the whole or any part of the Training Materials, nor permit the Training Materials or any part of them to be combined with, or become incorporated into, any other materials;
- to supervise and control use of the Training Materials and ensure that they are used by your employees and representatives in accordance with the terms of this Licence;
- to include the copyright notice of BSI on all entire and partial copies you may make of the Training Materials or Documents on any medium;
- not to provide or otherwise make available the Training Materials or Documentation in whole or in part, in any form to any person without prior written consent from the Licensor.
- TRANSFERS AND CANCELLATION OF TRAINING PRODUCTS
Delegates who are unhappy with the quality of the product may apply for a refund within 48 hours of purchase.
To apply for a refund contact firstname.lastname@example.org, detailing why you are unhappy with the products
- INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all intellectual property rights in the Training Materials and the Documentation anywhere in the world belong to the Licensor, that rights in the Training Materials and the Documentation are licensed (not sold) to you, and that you have no rights in, or to, the Training Materials or the Documentation other than the right to use them in accordance with the terms of this Licence.
- LICENSOR’S LIABILITY
Nothing in this Licence shall exclude or in any way limit the Licensor’s liability for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent that it may not be excluded or limited as a matter of law.
The Licensor shall not be liable under, or in connection with, this Licence or any collateral contract for:
- loss of income;
- loss of business profits or contracts;
- business interruption;
- loss of the use of money or anticipated savings;
- loss of information;
- loss of opportunity, goodwill or reputation;
- loss of, damage to or corruption of data; or
- any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise;
- You agree to indemnify and hold harmless the Licensor against all cost or losses suffered or incurred by the Licensor due to claims, demands, suits, proceedings, actions, losses, judgments, damages, costs (including all reasonable legal fees), expenses, fines or penalties or actions against the Licensor arising out of or relating to a third party’s any alleged harm, loss or damage caused to a candidate’s person, property, or to your premises on which the course relevant to such candidate takes place, due to any cause other than the Licensor’s negligence or wilful default (or that of its employees and agents).
The Licensor’s liability for infringement of third-party intellectual property rights shall be limited to breaches of rights subsisting in the UK.
These terms set out the full extent of the Licensor’s obligations and liabilities in respect of the supply of the Training Materials and Documentation. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on the Licensor except as specifically stated in this Licence.
- TERMS OF PAYMENT
Payment can only be made using an authorised credit card at the time of the transaction on our website. Receipts for payment are provided in electronic format.
We take reasonable measures to ensure that our website is a secure site. We take all necessary steps to ensure that any information provided by you for the purposes of payment will be kept secure.
If any information that you have given to us proves to be incorrect, which has resulted in our not charging you the correct fee for the courses that you are buying, we reserve the right to adjust the fee (upwards or downwards) so that it is the correct fee for your circumstances.
The Licensor may terminate this Licence immediately by written notice to you if
- you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or
- a petition for a bankruptcy order to be made against you has been presented to the court; or
- the Licensee (where it is a company) becomes insolvent or unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986), enters into liquidation, whether voluntary or compulsory (other than for reasons of bona fide amalgamation or reconstruction), passes a resolution for its winding-up, has a receiver or administrator manager, trustee, liquidator or similar officer appointed over the whole or any part of its assets, makes any composition or arrangement with its creditors or takes or suffers any similar action in consequence of its debt, unable to pay your debts (within the meaning of section 123 of the Insolvency Act 1986).
Upon termination for any reason:
- all rights granted to you under this Licence shall cease;
- you must cease all activities authorised by this Licence;
- you must immediately pay to the Licensor any sums due to the Licensor under this Licence; and
- you must immediately delete or remove the Training Materials or Documentation from all computer equipment in your possession, and immediately destroy or return to the Licensor (at the Licensor’s option) all copies of the Training Materials and Documentation then in your possession, custody or control and, in the case of destruction, certify to the Licensor that you have done so.
- TRANSFER OF RIGHTS AND OBLIGATIONS
This Licence is binding on you and us, and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of this Licence, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of this Licence, or any of our rights or obligations arising under it, at any time during the term of the Licence.
- EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control.
Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
If we fail, at any time during the term of this Licence, to insist upon strict performance of any of your obligations, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Any notice required or permitted to be given by either party to the other under these terms shall be in writing.
If any provision of these terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and the remainder of the provision in question shall not be affected thereby.[The terms are governed by the laws of England and the parties submit to exclusive jurisdiction of the courts of England.]
- ENTIRE AGREEMENT
These terms and any document expressly referred to in them represent the entire agreement between us in relation to the purchase of Materials and Documentation and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into these terms, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into these terms, except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of entering into these terms (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
- OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time.