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.trainersimages.com, www.trainersmarket.com, www.trainersevents.com, www.trainerstalk.com, www.trainersconference.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.trainersimages.com, www.trainersmarket.com, www.trainersevents.com, www.trainerstalk.com, www.trainersconference.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. Glasstap Memebership.
2. Trainers' Talk.
3. Trainers' Library.
4. Trainers' Images.
5. Trainers' Market.
6. Trainers' Events and Trainers' Conference.
7. General (applicable to all Websites and products and services provided by us).


1. Glasstap Membership

Joining Glasstap
You can join Glasstap online or by telephoning us. You will be required to register your details with us, such details will be held in accordance with our privacy policy at www.glasstap.com/privacy.html.

We have three levels of membership and the table below sets out the services available to members at the different levels.

Plan Comparison	Network+	Library+	Gold
Trainers' Talk
Trainers' Library
Trainers' Images

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 'cooloing off' period and 7 day guarantee will run concurrently.)

Your Glasstap membership will be activated on receipt of payment by us ("the start date").

Paying by Credit/Debit Card
When you join Glasstap 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.

Paying by Direct Debit
When you join Glasstap and pay by direct debit, future subscriptions will be automatically taken from your bank account. You can cancel the Direct Debit 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 contacting your bank.

Glasstap members 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 to us about yourself is accurate and current and that if you provide us with details of a credit, debit or charge card, or bank account, 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.

BILD
Members of BILD (The British Institute for Learning and Development) who join Glasstap after 9th June 2011, qualify for a free Network+ membership and may qualify for a discount when they upgrade their membership to Library+ or Gold.

If you qualify for and claim special terms as a member of another professional organisation, you give us full authority to share such information as is necessary about you and your membership status in order to confirm your membership of that organisation and your continued qualification for those special terms.

If you cancel your membership with BILD, the annual subscription for your Glasstap membership will, at the next anniversary of the start date, revert to the standard rate applicable at the time you joined Glasstap.

We reserve the right to withdraw or change the discount available to members of BILD without notice.

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 or direct debit and wish to cancel you 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 Glasstap, 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 Glasstap subscription you pay for your membership level (excluding taxes), 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.

Security
Access to your user account with us and the material available on our websites 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 Glasstap 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 or Trainers' Images, every trainer must have their own membership in order to gain a licence to use our materials, please see "Rights and Restrictions" for the services applicable to your membership below. 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 from our website 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).

2. 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. Which is 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.

3. Trainers' Library (Library+ and Gold customers)

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 Glasstap Library+ or Gold 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.

4. Trainers' Images (Gold customers)

Rights and Restrictions
You are reminded that copyright subsists in all material in Trainers' Images. 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 Glasstap 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 images, slides 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 images that you download. As a Gold member, you will have a non-exclusive, non-transferable worldwide license to use images downloaded from Trainers’ Images for the following permitted uses:

1. In handouts provided to participants on training courses or workshops that you deliver.
2. In PowerPoint or other presentations in training courses or workshops that you deliver.
3. In advertising and promotional materials, including printed materials, product packaging, catalogues, brochures, promotional greeting cards and promotional postcards that are not for resale or license.
4. On–line or electronic publications, including web pages to a maximum of 800 x 600 pixels for image or illustration.
5. Any other uses approved in writing by Glasstap.

Images downloaded from Trainers’ Images may not be used for any other purpose other than a Permitted Use listed above. All other rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by Glasstap or the supplier of the Content, as the case may be.

Images downloaded from Trainers’ Images may not be used for the following specifically prohibited uses:

1. Any use that involves using the image in a design or template for resale, licence or distribution for profit.
2. Any online use that enables the image to be downloaded or distributed.
3. Any use that is considered by Glasstap (acting reasonably) pornographic, obscene, immoral, infringing, defamatory, or libelous in nature.
4. Any use of an image featuring a person that would lead a reasonable person to believe that that person uses or personally endorses a product or service.
5. Any use of an image that depicts a person in a potentially sensitive subject matter, including, but not limited to health issues, social issues, sexual issues or preferences, substance abuse, crime, abuse, ailments or any other situation that could be reasonably construed to portray the person in an unflattering or offensive manner, unless:
6. The image itself clearly and enquivably portrays the model in the same context and to the same degree as the use. Or:
7. The image is accompanied by a clear statement that the image is being used for iillsutrative purposes only and that the person portrayed is a model.
8. Any use that involves reproduction of the image more than 100,000 times without an extended licence being purchased. (Please contact us if this is required).

Only you are permitted to use the Content, although you may transfer files containing images downloaded from Trainers’ Images to your clients, printers, or ISP for the purpose of reproduction for Permitted Uses, provided that such parties shall have no further or additional rights to use the Content and cannot access or extract it from any file you provide.

For the avoidance of doubt, you are permitted to modify or alter images downloaded from Trainers’ Images, so long as the above restrictions are adhered to.

There are no restrictions on the number of images you can download whilst you remain a member and you will not be charged any download fees over and above your annual subscription.

5. 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 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.

6. Trainers' Events and Trainers' Conference

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 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 Event
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 participants.

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.

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 whatsoever (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 Glasstap 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.