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Terms of Use
These terms of use (together with the documents referred to in them) tell you the
terms and conditions on which we supply any of the products and services listed
on our websites www.glasstap.com, www.trainerslibrary.com, www.trainersmarket.com,
www.trainersevents.com, www.trainerstalk.com ("the Websites") to you. Please read
these terms and conditions carefully before accessing, using the Websites and/or
ordering any products or services from the Websites. You should understand that
by accessing, using the Websites and/or ordering any of our products or services,
you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please tick the box marked "I Accept the terms and conditions" if you accept and
agree to them. Please understand that if you refuse to accept and agree to these
terms and conditions, you will not be able to use or order any products or services
from the Websites.
These terms supersede any other terms you wish to apply at any time or which are
implied by trade, custom or course of dealing.
Information About Us
www.glasstap.com, www.trainerslibrary.com, www.trainersmarket.com, www.trainersevents.com,
www.trainerstalk.com are websites operated by Glasstap Limited ("we, us, our").
We are registered in England and Wales under company number 03755951 and with our
registered office at 7 Skelgillside Workshops, Alston, Cumbria CA9 3TR. Our VAT
number is 734040861.
If you are unclear or uncertain about anything in these Terms
you can contact us with any queries:
By phone: +44 (0)1434 381122
By fax: +44 (0)1434
382890
By post: Glasstap Limited, 7 Skelgillside Workshops, Alston, Cumbria CA9
3TR
By email: contact@glasstap.com
These Terms
All orders and purchases made on
any of the Websites will be governed by the following specific terms relevant to
each area as follows:
1. Trainers' Library.
2. Trainers' Market.
3. Trainers' Events.
4. Trainers' Talk.
5. Trainers' Conference.
6. General (applicable to all Websites and products and services
provided by us).
Trainers' Library
Joining Trainers’ Library
You can join Trainers’
Library online or by telephoning us. You will be required to register your details
on Trainers’ Library, such details will be held in accordance with our privacy policy
at
http://www.glasstap.com/privacy.html.
A contract between us is formed when you
place an order verbally or via the internet and we confirm receipt of your order
by email and confirm to you that an invoice will be raised. You will then have 7
days from the date of our confirmation email to inform us in writing that you wish
to cancel the contract. (For those joining on line the start date will be the same
so the ‘cooling off period and 7 day guarantee’ will run concurrently)
Your Trainers’ Library membership
will be activated on receipt of payment by us ("the start date").
When you join
Trainers’ Library and pay by credit/debit card, a regular payment plan ("Futurepay Agreement") will be set up, which means that future subscriptions will be automatically
taken from your card (rather like a standing order, but with your credit/debit card,
which helps to ensure your subscription is paid on time and that you’ll continue
to benefit from our no price increase guarantee). You can cancel the Futurepay Agreement
by giving us one month's notice, such notice to expire on any 12 month anniversary
of the start date by contacting us, or by following the instructions received from
Worldpay following the creation of the FuturePay agreement.
Members of Trainers'
Library must be at least 18 years of age. Anyone under the age of 18 is not entitled
to become a member in their own right.
You undertake that any information you provide
about yourself on this site is accurate and current and that if you provide us with
details of a credit, debit or charge card, you undertake that you are fully entitled
to use that card and that it contains sufficient funds to cover the charges which
we will deduct from it.
Membership Term
The minimum membership period is 12 months
from the date you join. Your membership will continue indefinitely thereafter unless
cancelled by you by giving us one month's written notice such notice to expire on
any 12 month anniversary of the start date. Each 12 month period is referred to
in these terms as the "Licence Period".
Membership Renewal
We will make a reasonable
attempt to contact you at least twice, by email or telephone, prior to your annual subscription becoming due, to ensure you wish to continue with
your membership.
Please note that if you pay an annual subscription by credit/debit
card and wish
to cancel your membership, it is your responsibility to let us know, giving us one month's notice in writing before payment is taken.
If you pay the annual
subscription by monthly instalments, you will pay such instalments in advance, by
standing order, direct debit or such other method as we may agree. If you terminate
part way through the Licence Period we may demand and receive from you the remaining
monthly instalments due to us in respect of that Licence Period.
We cannot provide
any refunds on subscriptions paid.
Please note that if your subscription is not
received by the due date, we reserve the right to suspend or terminate your membership
and licence.
7-day Money-Back Guarantee
When you join Trainers’ Library, you will
benefit from a 7-day money back guarantee. This will come into force on the day
that your membership is activated, the start date. During this 7-day period you
may cancel your membership at any time and receive a full refund, provided you have
complied with the "consequences of termination"
provisions set out below.
No Price
Increase Guarantee
We guarantee never to increase the annual Trainers’ Library subscription
(excluding taxes) you pay, as long as your membership continues without interruption.
We may terminate your membership if your subscription is not paid by the due date,
in which case you will have to pay the current registration fee and subscription
if you wish to re-join.
Rights and Restrictions
You are reminded that copyright
subsists in all material in Trainers' Library. Except as permitted under the Copyright,
Design and Patents Act 1988 and in these terms, no materials either in part or whole,
may be reproduced, without our prior written permission.
As a Trainers’ Library
member and on payment of the subscription fees, you will have a non-exclusive, non-transferable
licence to access and download our full library of training materials including
trainer’s notes, handouts, and other documents for your personal use during the
Licence Period.
The licence is personal to you and you may not transfer, sub-licence,
sell, assign, or otherwise dispose of the materials that you download. You must
be present when any material from Trainers’ Library is used to aid learning and you may not, without our prior written permission, amend the Trainers’ Notes,
reproduce the Trainers' Notes or pass copies of the Trainer’s Notes to any other
individual.
Where instructed in the Trainer’s Notes, you may pass copies of other
documents, including team briefs, handouts and case studies to participants present
at the time that you are providing training using Trainers’ Library material.
All
documents on Trainers' Library which are not available in Word format must not be
copied in whole or in part and you must retain the copyright statement on the documents.
You will only use the documents in the format provided by us and without distortion,
cropping, reconfiguring or amendment.
Where documents are provided as Word documents,
for example in the case of most participant handouts, you may amend these to reflect
your preferred ‘look and feel’ by adding your own organisation’s logo, or changing
fonts. There is no need to make reference to Trainers’ Library or Glasstap on handouts
that we make available in Word.
There are no restrictions on the number of documents you can download whilst you remain a member and you will not be charged any download
fees over and above your annual subscription.
Security
Access to your user account
with us and the material available on Trainers' Library will be gained by using
the username (usually your email address), password and a security question selected
from those you answered during the registration procedure. You are responsible for
ensuring the confidentiality and proper use of your username, password and account
and for restricting access to your computer and you agree to accept responsibility
for all activities that occur under your account or password. In order to assist
us with our security policy, you should not leave your computer unattended while
you are logged on to our site and should ensure that it is switched off each time
you have finished.
You must tell us immediately if you believe that an unauthorised
person knows your username or password or has access to your account.
We reserve
the right to refuse service or terminate your account if we suspect an unauthorised
person is attempting to access it.
Membership Transfer
With our prior written consent
a Trainers’ Library membership may be transferred to a different individual within
the same organisation at any time. This is useful when a Training Officer or Training
Manager moves into a new role and is replaced by someone new. To transfer your membership
to someone else, you should contact us with details of the individual to whom the
membership should be transferred. The new member will be asked to agree to these
terms and conditions of use and on receipt of that agreement will be allowed to
take over the membership on the same rates and terms that previously applied.
Corporate
Membership
The licence granted in these terms only applies to you. Where an organisation
has more than one trainer that will deliver training using material, ideas, models
or any other intellectual property from Trainers’ Library, every trainer must have
their own membership in order to gain a licence to use our materials, please see
"Rights and Restrictions" above. Special corporate rates are available where this
applies.
Termination of Membership
We may terminate your membership at any time
by giving written notice to you immediately and without refund if you commit any
continuing or material breach of these terms and, if the breach is capable of remedy
by you, it is not remedied within ten days of a written notice from us providing
you with details of the breach; or you fail to pay the subscription fees, or any
other sums which are payable under these terms, on their due date. We reserve the
right to revoke the licence to download and use the materials for good cause and
elect to replace such materials with alternative materials. Upon notice of any revocation
of a licence you shall immediately stop using the materials.
Consequences of Termination
On termination of your membership any licence to download and use the materials
on Trainers' Library will immediately terminate and you must:
1. Stop using the
materials;
2. Destroy, or upon our request, return the materials to us; and
3. Delete
or remove the material from your premises, computer system and storage (electronic
or physical).
If requested to do so by us, you shall provide to us a sworn statement
confirming you have complied with these obligations set out above (points 1 to 3).
Trainers' Market
Registration
In order to place an order through Trainers’ Market, you will be required to register
your details on Trainers’ Market, such details will be held in accordance with our
privacy policy at
http://www.glasstap.com/privacy.html.
How the Contract is Formed
After placing an order, you will receive an e-mail from
us acknowledging that we have received your order. Please note that this does not
mean that your order has been accepted. Your order constitutes an offer to us to
buy the goods. All orders are subject to acceptance by us, and we will confirm such
acceptance to you by sending you an e-mail that confirms that the goods have been
dispatched ("the Dispatch Notice"). The contract between us ("the Contract") will
only be formed when we send you the Dispatch Notice.
Same Day Dispatch Guarantee
Unless otherwise stated on Trainers' Market, we guarantee to dispatch goods marked
with our ‘same day dispatch’ logo on the day the order is placed, provided that
the order and payment is received at our offices before 3.00pm (UK time) Monday to Friday
and excluding bank holidays. Your postage
costs will be refunded if goods that fall under the terms of this guarantee are
not dispatched on the same day.
Please note that we cannot guarantee next day delivery
and that our same day dispatch guarantee does not constitute a promise of next day
delivery as actual delivery is beyond our control.
Orders outside this guarantee
will be fulfilled by the delivery date set out in the Dispatch Notice or, if no
delivery date is specified, then within a reasonable time of the date of the Dispatch
Notice, unless there are exceptional circumstances.
Payment
Goods will normally
only be dispatched on receipt of payment and we reserve the right to insist on payment
before goods are dispatched.
The price of any goods will be as quoted on Trainers'
Market from time to time, except in cases of obvious error. These prices exclude
VAT and postage costs, which will be added to the total amount due as set out on
the website.
Returns
If you change your mind about a purchase within seven working
days of receipt and let us know in writing, we will refund you in full, including
the cost of sending the item to you. However, you must return the goods to us immediately,
in the same condition in which you received them, and at your own cost and risk.
You will not have any right to cancel a contract for the supply of audio or video
recordings or computer software that you have unsealed.
In the event of such a claim,
you must undertake that you have not, and will not use the purchased goods. In the
case of downloads, you will be asked to delete or destroy all copies.
Risk and Title
The goods will be at your risk from the time of delivery. Ownership of the goods
will only pass to you when we receive full payment of all sums due in respect of
the goods, including delivery charges.
Trainers' Events
Your Booking
When you make
a booking you will be required to register your details on Trainers’ Events, such
details will be held in accordance with our privacy policy at
http://www.glasstap.com/privacy.html.
Your booking constitutes a legally binding contract once we have confirmed in writing
(usually by email) your place on an event.
Payment
Payment for your place on the event
must be received within 30 days of your booking or 24 hours before the start of
the event, whichever is sooner.
Cancellations
Cancellations must be received in
writing (letter or email) and will be acknowledged in writing. In the event of you
canceling your place on an event, cancellation fees will apply as follows: For cancellations
made less than 90 days before the start of the event - 100% of the event fee is
payable by you. For cancellations received more than 90 days before the start of
the event - 25% of the event fee is payable by you.
Should circumstances lead us
to cancel an event, our liability shall be limited to a refund of any fees paid
for that particular event. Glasstap Limited will not be held liable for any consequential
loss.
Content of Events
The timetable and agenda for each event are provided as
an outline only and we reserve the right to change event details without notice.
Whilst we have made arrangements for the specified speakers, trainers and /or facilitators
to attend the event, we reserve the right to substitute these if, due to circumstances
beyond our control, listed speakers, trainers and/or facilitators are unable to
attend.
Views expressed by speakers, trainers and /or facilitators are their own.
We will not be held liable for advice given, or views expressed, by any speaker,
trainer and/or facilitator at an event or in any documentation provided to delegates.
Photography
Please note that there may be a professional photographer and video
production taking place during the event. You hereby consent to your photograph
or a video being taken and us using any images of you in printed publications,
on our Websites or any other medium for advertising, marketing, promotional or other
commercial purposes and you understand the Websites can be seen throughout the world.
Trainers' Talk
Rules of Use
Trainers' Talk is a question and answer forum that allows
trainers to share opinions, and ideas. It is not intended to provide definitive
answers. No responsibility for loss occasioned to any person acting or refraining
from action as a result of any posting on Trainers’ Talk is accepted by the contributors
or by Glasstap Limited. In all cases, appropriate professional advice should be
sought before making a decision.
Responses to questions posted on Trainers' Talk,
must respond to the question asked, and must comply with the type of response the
member posting the original question has indicated is sought. For example, you will
not promote your own solutions or products if the member posting the question has
not requested this type of response.
Any posting to Trainers' Talk should show respect
for other members using the service and in particular should not contain any material:
1. that is threatening, defamatory, obscene, indecent, offensive, pornographic,
abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory,
blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance
or inconvenience;
2. for which you have not obtained all necessary licences and/or
approvals;
3. which constitutes or encourages conduct that is considered a criminal
offence, gives rise to civil liability, or is otherwise contrary to the law or infringes
the rights of any third party, in any country in the world;
4. is not in breach
of the Data Protection Act 1984 or any other applicable laws; or
5. which is technically
harmful including, without limitation, computer viruses, logic bombs, Trojan horses,
worms, harmful components, corrupted data or other malicious software or harmful
data.
Any material you transmit or post to the website shall not be considered as
confidential or belonging to you. We shall have no obligations with respect to such
material. You hereby agree, by submitting any material, to grant to us a royalty-free,
non-exclusive licence to use, copy, disclose, distribute, incorporate and otherwise
use such material for any and all commercial or non-commercial purposes.
Any posting
to Trainers' Talk must not breach anyone else's copyright or encourage breach of
copyright. This includes offering to share copyrighted material with other members.
You agree to indemnify Glasstap Limited and its employees for any breach of copyright
or any breach of the above clauses.
We reserve the right to remove any posting which,
at our sole discretion, we feel does not abide by the spirit of these rules.
General terms applicable to all areas of the website
If you are purchasing goods as a consumer
these terms do not affect your statutory rights.
Price and Payment
The price of any goods or services will be as quoted on the Websites from
time to time, except in cases of obvious error.
These prices exclude VAT and delivery costs, which will be added to the total amount
due as set out on the Websites.
Unless otherwise stated
in these terms our payment terms are 30-days. We reserve the right to charge you
interest on late payments at the rate of 4% above Bank of England Base Rate.
If
you order goods from the Websites for delivery outside the UK, they may be subject
to import duties and taxes which are levied when the delivery reaches the specified
destination. You will be responsible for payment of any such import duties and taxes.
Please note that we have no control over these charges and cannot predict their
amount. Please contact your local customs office for further information before
placing your order.
Please also note that you must comply with all applicable laws
and regulations of the country for which the goods are destined. We will not be
liable for any breach by you of any such laws.
Disclaimers and Limitations
The content
of our Websites do not constitute advice and should not be relied upon in making
or refraining from making, any decision. You agree to indemnify and hold Glasstap
Limited and its employees and agents harmless from and against all liabilities,
legal fees, damages, losses, costs and other expenses in relation to any claims
or actions brought against you arising out your use of the Websites.
Our Websites
are provided on an "as is" and "as available" basis without any representation or
endorsement made and without warranty of any kind whether express or implied, including
but not limited to the implied warranties of satisfactory quality, fitness for a
particular purpose, non-infringement, compatibility, security and accuracy.
To the
extent permitted by law, Glasstap Limited will not be liable for any indirect or
consequential loss or damage whatever (including without limitation loss of business,
opportunity, data, profits) arising out of or in connection with the use of its
Websites or any material or services purchased or downloaded from them. Reliance
on information, material, or advice contained within Trainers’ Library shall be
at your sole risk. Users of the Websites and material within them are encouraged
to confirm information received with other sources, and to seek local qualified
advice if embarking on any actions that could carry personal or organisational liabilities.
Glasstap Limited makes no warranty that the functionality of its Websites will be
uninterrupted or error free, that defects will be corrected or that the website
or the server(s) that make them available are free of viruses or anything else which
may be harmful or destructive.
Nothing in these Terms and Conditions shall be construed
so as to exclude or limit the liability of Glasstap Limited for death or personal
injury as a result of the negligence of Glasstap Limited or that of its employees
or agents.
The maximum Liability of Glasstap arising
in connection with the sale of goods or services, whether arising in contract or
by reason of negligence of Glasstap, its employees, its agents or otherwise will
not exceed 12 months subscription fees or the total amount paid by you to Glasstap
(whichever is the lesser amount).
Where the goods are sold to a consumer the statutory
rights of the customer are not affected by these terms.
Severability
If any of these
terms and conditions should be determined to be invalid, illegal or unenforceable
for any reason by any court of competent jurisdiction then such term or condition
shall be severed and the remaining terms and conditions shall survive and remain
in full force and effect and continue to be binding and enforceable.
Copyright on
the Website
The contents of the Websites are protected by national and international
copyright laws and other intellectual property rights. Glasstap Limited or other
third party licensors are the owners of the intellectual property rights in all
trademarks service marks trading and other names logos designs content drawings
illustrations photographs videos graphics and/or software referred to or contained
on our Websites. You may not modify, copy, reproduce, republish, upload, post, transmit
or distribute, by any means or in any manner, any material or information on or
downloaded from the Websites including but not limited to text, graphics, video,
messages, code and/or software except for your own personal use, as permitted by
any licence granted in these terms.
Termination
We reserve the right to immediately
terminate the use of, or access to, the Websites at any time if we decide that you
have breached these terms or any relevant law, rule or regulation or you have engaged
in conduct that we consider to be inappropriate or unacceptable.
Links to Third
Party Websites
Our Websites may include links to third party websites that are controlled
and maintained by others. Any link to other websites is not an endorsement of such
website and you acknowledge and agree that Glasstap Limited is not responsible for
the content or availability of any such sites.
Which Law Governs this Agreement
These terms and any claim based on use of information from this website shall be
governed by the laws of England and the parties submit to the exclusive jurisdiction
of the Courts of England and Wales.
Our Right to Vary these Terms and Conditions
We have the right to revise and amend these terms and conditions from time to time
to reflect changes in market conditions affecting our business, changes in technology,
changes in payment methods, changes in relevant laws and regulatory requirements
and changes in our system's capabilities. If we do vary or amend these terms we
will post any such variation or amendment on the Websites. You should therefore
regularly visit these pages to review the then current terms and conditions.
Third
Parties
No person who is not a party to these terms is entitled to enforce any of
its rights, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
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We don't write for anyone else.
If it didn't come from
Glasstap®, it's not us.
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