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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 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. 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 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. 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 it is your responsibility to let us know, giving us one month's notice in writing before payment is taken, if you wish to cancel your membership. 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). General terms applicable to all of the websites 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.