Terms and Conditions
PLEASE READ CAREFULLY BEFORE SUBSCRIBING TO CONTENT FROM THIS WEBSITE:
This licence agreement (Licence) is a legal agreement between you (Licensee) and Three Minute Trainer Limited of Unit 1 Maling Court, Union Street, Newcastle, United Kingdom NE2 1BP (Licensor, us or we) for:
- Online video content
- Forum and blog
- online and download documentation
We licence use of the site, video content and documents to you on the basis of this Licence. We do not sell the site, video content and documents to you. We remain the owners of the site, video content and documents at all times.
OPERATING SYSTEM REQUIREMENTS: THIS WEBSITE REQUIRES A PC, MAC, TABLET OR SMARTPHONE CONNECTED TO THE INTERNET TO VIEW THREE MINUTE TRAINER CONTENT.
IMPORTANT NOTICE TO ALL USERS:
- BY TICKING THE "ACCEPT" BUTTON TO OUR TERMS & CONDITIONS YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU [AND YOUR EMPLOYEES]. THE TERMS OF THIS LICENCE INCLUDE, IN PARTICULAR, LIMITATIONS ON LIABILITY IN CONDITION 5 AND CONDITION 6.
- IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT ISSUE A LICENSE TO YOU AND YOU MUST DISCONTINUE THE ORDERING PROCESS NOW.
IMPORTANT NOTICE TO CONSUMERS:
- AS A CONSUMER, YOU HAVE THE RIGHT TO WITHDRAW FROM YOUR TRANSACTION WITHOUT CHARGE AND WITHOUT ANY REASON BEFORE PURCHASING A LICENSE TO USE THIS WEBSITE AND ITS CONTENT.
- HOWEVER, YOU WILL LOSE THE RIGHT TO CANCEL THE TRANSACTION ONCE YOU PURCHASE A LICENSE TO USE THIS WEBSITE AND ITS CONTENT.
- THIS DOES NOT AFFECT YOUR CONSUMER RIGHTS FOR DEFECTIVE VIDEO CONTENT AND DOCUMENTATION.
You should print a copy of this Licence for future reference.
1. Grant and scope of licence
1.1 In consideration of payment by you of the agreed licence fee and you agreeing to abide by the terms of this Licence, we hereby grant to you a non-exclusive, non-transferable licence to use the Software and the Documentation on the terms of this Licence.
1.2 You may:
(a) view and use the website and its content for your personal purposes (if you are a consumer) or your internal business purposes (if you are a business) only:
(i) for one user if the Licence is a single-user licence or the Software is for single use; or
(ii) if the Licence covers multiple users, for the number of single-user licenses purchased and issued.
(b) use any Documentation in support of the use permitted under condition 1.2 as is reasonably necessary for its lawful use.
2.1 Except as expressly set out in this Licence or as permitted by any local law, you undertake:
(a) not to copy the online content except where such copying is recommended (download documents only)
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the online content or Documentation;
(c) not to disassemble, decompile, reverse engineer or create derivative works based on, the whole or any part of the video content
(d) to supervise and control use of the website and ensure that the video content , downloads, forums and blogs are used by your employees and representatives in accordance with the terms of this Licence;
(e) not to provide or otherwise make available the content in whole or in part in any form to any person [other than your licensed employees] without prior written consent from us;
3. Intellectual property rights
3.1 You acknowledge that all intellectual property rights for this website, its content and downloads anywhere in the world belong to us, that rights are licensed (not sold) to you, and that you have no rights in, or to, the content other than the right to use it in accordance with the terms of this Licence.
4. Limited warranty
4.1 We warrant that the website will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described for a period of [365 days] from the date of license purchase (Warranty Period).
4.2 If, within the Warranty Period, you notify us in writing of any defect or fault in the website as a result of which it fails to perform substantially in accordance with the Documentation, we will, at our sole option, either repair or replace the content.
4.3 The warranty does not apply if the defect or fault in the content results from you having used the content in contravention of the terms of this Licence.
4.4 If you are a consumer, this warranty is in addition to your legal rights in relation to content that is faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
5. Limitation of liability if you are a business user
5.1 You acknowledge that the content has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the content as described in the Documentation meet your requirements.
5.2 If you are a business customer, we only supply the content and Documentation for internal use by your business, and you agree not to use the content or Documentation for any re-sale purposes.
5.3 We shall not under any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Licence for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) [loss or corruption of data or information;]
(e) loss of business opportunity, goodwill or reputation; or
(f) any indirect or consequential loss or damage.
5.4 Other than the losses set out in condition 5.3 (for which we are not liable), our maximum aggregate liability under or in connection with this Licence whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to 100% of the Licence Fee. This maximum cap does not apply to condition 5.5.
5.5 Nothing in this Licence shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any other liability that cannot be excluded or limited by English law.
5.6 This Licence sets out the full extent of our obligations and liabilities in respect of the supply of the content and Documentation. Except as expressly stated in this Licence, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the content and Documentation which might otherwise be implied into, or incorporated in, this Licence whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
6. Limitation of liability if you are a consumer user
6.1 You acknowledge that the website has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the website as described in the Documentation meet your requirements.
6.2 If you are a consumer, we only supply the content and Documentation for domestic and private use. You agree not to use the content and Documentation for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6.3 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this Licence or our negligence upto the amount specified in condition 6.4, but we are not responsible for any loss or damage that is not foreseeable.
6.4 Our maximum aggregate liability under or in connection with this Licence whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to 100% of the Licence Fee. This does not apply to the types of loss set out in condition 6.5.
6.5 Nothing in this Licence shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any other liability that cannot be excluded or limited by English law.
7.1 We 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.
7.2 Upon termination for any reason:
(a) all rights granted to you under this Licence shall cease;
(b) you must immediately cease all activities authorised by this Licence;
(c) you must immediately pay to us any sums due to us under this Licence.
8. Communications between us
8.1 If you are a consumer, if you wish to contact us in writing, or if any condition in this Licence requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to Three Minute Training Limited at 1 Maling Court, Union Street, Newcastle upon Tyne NE2 1BP and/or firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing, normally by e-mail.
8.2 If we have to contact you or give you notice in writing, we will do so by e-mail.
8.3 If you are a business customer, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
9. Events outside our control
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Licence that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in condition 9.2.
9.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks.
9.3 If an Event Outside Our Control takes place that affects the performance of our obligations under this Licence:
(a) our obligations under this Licence will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
(b) we will use our reasonable endeavours to find a solution by which our obligations under this Licence may be performed despite the Event Outside Our Control.
10. Other important terms
10.1 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence.
10.2 You may only transfer your rights or your obligations under this Licence to another person if we agree in writing.
10.3 If you are a business customer, this Licence constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of the us which is not set out in this Licence or.
10.4 If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.5 Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
10.6 If you are a consumer, please note that this Licence, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
10.7 If you are a business customer, this Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
11. RETURNS POLICY
11.1 Subscription fees are non-refundable. Subscribers will be notified just before their subscription is due to expire after 12 months and will have the option of re-subscribing for another 12 months.
Terms Of Website Use
Information About Us
www.learndementia is a site operated by Three Minute Trainer Limited ("We"). We are registered in England and Wales under company number 08132069 and have our registered office at Unit 1 Maling Court, Union Street, Newcastle NE2 1BP. Our main trading address is Unit 1 Maling Court, Union Street, Newcastle NE2 1BP. Our VAT number is 141 6355 30. We are a limited company.
Accessing Our Site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Reliance On Information Posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Our Site Changes Regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information About You And Your Visits To Our Site
Transactions Concluded Through Our Site
Contracts for the supply of services formed through our site or as a result of visits made by you are governed by these terms.
Subscription fees are non-refundable. Subscribers will be notified just before their subscription is due to expire after 12 months and will have the option of re-subscribing for another 12 months.
Uploading Material To Our Site
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with our content standards. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with our content standards.
Viruses, Hacking And Other Offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com.
Links From Our Site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction And Applicable Law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
If you have any concerns about material which appears on our site, please contact firstname.lastname@example.org
Thank you for visiting our site.