TERMS AND CONDITIONS FOR SUMMIT
MATERIALS
1. INTRODUCTION
1.1 All Content on this website is proprietary to Summit, and all
access to it is subject to these conditions. All unauthorised copying
and use is strictly prohibited.
1.2 Some parts of this website allow the purchase of materials.
Should you not agree to accept and abide by these terms and conditions,
you will not be able to complete a transaction.
2. DEFINITIONS
2.1 Summitpeople.co.uk (the “website”) is owned and
operated by Summit, VAT registration number 875 6155 89, whose registered
office is at 32 Knoweholm, Doonfoot, Ayr, Ayrshire, KA7 4HD.
2.2 The terms Summit, Summitpeople.co.uk, we, us, our and ours when
used in these terms and conditions mean Summit and any business
under common ownership or control of Summit.
2.3 The terms “you”, “your” and “yours”
when used in these terms and conditions means any user of this website.
2.4 The term “Content” means the Training and HR resources
and all other content downloaded/ provided by means of purchase.
3. AGREEMENT
3.1 Access to and use of this website and the information, materials,
products and Content available through this website are subject
to all applicable laws and regulations and to these terms and conditions.
3.2 These terms and conditions may be changed by us without specific
notice to you.
3.3 Access to this website and the use of information, materials,
products or Content provided through this website is prohibited
where such access or use violates applicable laws and regulations.
3.4 All Content is subject to availability and Summit shall be
entitled to refuse to supply an order placed by you.
3.5 No contract between Summit and you for the supply of Content
shall arise until you have received purchased Content.
3.6 Summit makes no representation whatsoever as to the suitability
of the Content for your purpose.
4. PURCHASE
4.1 The cost of the Content shall be the price quoted at the time
of purchase. If you order the Content via the website or in writing
Summit reserves the right, to validate the price and inform you
that the price is higher than that stated in the order.
4.2 To order Content you will need to contact Summit either: a)
by telephone; or b) using the ordering procedures specified on the
Company’s website (www.Summitpeople.co.uk), or c) by a written
method such as post or e-mail or otherwise. By making an order you
warrant that you are acting only in the course of your business.
4.3 The fee for Training and HR materials shall be payable in two
ways: i) by credit or debit card, or ii) by cheque or postal order.
4.4 Where you wish to pay the purchase fee by credit or debit card,
you hereby represent that you are the owner, holder and authorised
user of the credit or debit card specified by you.
4.5 Where you wish to pay by cheque or postal order, we shall issue
an invoice on our acceptance of purchase. All invoices are payable
within 30 days of the date of invoice. We reserve the right not
to provide Content until we have received cleared payment.
4.6 We reserve the right to change the purchase costs and billing
methods at any time.
4.7 We reserve the right to withhold content should you fail to
pay our invoices or breach the terms and conditions agreed.
4.8 All monies payable are subject to the addition of VAT, where
applicable, and shall be paid in full without deduction or withholding.
4.9 If you wish to have your purchase data removed from our database
you must notify us in writing by e-mail to info@Summitpeople.co.uk
of your wish. You agree that your obligations in relation to Content
already downloaded will continue after your purchase data is removed
from our database.
5. TERMS OF PURCHASE
5.1 You may download Content from this website pursuant to these
terms and conditions;
5.2 You may make one copy of the Training Content solely for backup
purposes and you MUST produce all proprietary notices on this single
backup copy.
5.3 You may make copies, both electronic and as hard copy, of pages
of the Training Content marked with “Handout” and distribute
them to employees of yours who are attending any course that is
being run using the Content, but not to anyone else; or if you are
an independent training consultant to employees of your client who
are attending any courses being run using the Content, but not anyone
else.
5.4 It is your responsibility to implement appropriate anti-virus
and other security measures.
5.5 We may change or withdraw part or all of any of the Content
at our discretion.
5.6 You may make unlimited copies of HR policies and Procedures
content however documents are intended as an aid and purchase of
them cannot be expected to replace specific professional advice
and judgment. No liability for errors or omissions will be accepted.
It is the responsibility of those using the information to ensure
it complies with the law at the time of use and that it is used
in line with relevant rules and regulations.
5.7 Logos can be added to Content where space has been allocated
for this in the purchased Content and in the Training materials
all Power Point information can be branded as the purchaser desires.
6. PROHIBITED USES
6.1 You may not do anything with the Content of this website if
it is not expressly permitted. You may not provide a copy of the
Content, or any portion thereof, to anyone or allow anyone to gain
access to the Content, or any portion thereof, except as permitted
above. For the avoidance of doubt, you may not,:
6.1.1 copy any pages of the Training content other than those titled
“handout”;
6.1.2 Remove any notice of copyright, trademark or other proprietary
rights from any place where it appears on or in the Content or its
company materials;
6.1.3 Sub-license, resell, rent, lend or otherwise distribute the
Content;
6.1.4 post a copy of the Content on any network server or web server,
for use by other users WITHOUT PRIOR AGREEMENT.
7. DISCLAIMER
7.1 You expressly acknowledge and agree that:-
7.1.1 The use of the Content is at your sole risk. The Content
is provided as an “as is” and “as available”
basis. To the fullest extent permitted by applicable law, Summit
expressly makes no warranty or representation that the Content will
meet your requirements, and/or expectations.
7.1.2 Any Content downloaded or otherwise obtained through the
use of this Website is at your discretion and risk and that you
are solely responsible for any damage to your computer system or
data that results from a download of any such material.
8. LIABILITY
8.1 We will not be liable to you, whether in contract, tort (including
negligence) or otherwise for any a) loss of profit, wasted expenditure,
loss of business, loss of goodwill or loss of data b) any indirect
or consequential loss c) any other loss however caused except in
respect of death or personal injury caused by our negligence or
for fraud.
8.2 Nothing in this Agreement limits or excludes a consumer’s
statutory rights.
9. COPYRIGHT
9.1 The copyright and any other intellectual property rights in,
on or associated with the Content including without limitation trade
marks, database rights and design rights (“Intellectual Property”),
shall at all times remain vested in Summit and no such rights shall
pass to you.
10. GENERAL
10.1 Summit shall not be liable to you for any loss or damage which
may be suffered by you as a direct or indirect result of Content
supplied by Summit being prevented hindered delayed or rendered
uneconomic by reason of circumstances or events beyond Summit’s
reasonable control including but not limited to Act of god, war,
riot, strike, lock-out, trade dispute or labour disturbance, accident,
break-down, flood, storm, or telecommunications failure and Summit
shall be entitled to delay delivery of Content by a period equal
to that during which it is prevented, hindered or delayed as aforesaid.
10.2 The headings in these Conditions are for convenience only
and shall not affect their interpretation.
10.3 No waiver by Summit of any breach of these terms by you shall
be considered as a waiver of any subsequent breach of the same or
any other provision.
10.4 If any provision of these terms is held by any competent authority
to be invalid, unlawful or unenforceable in whole or in part then
that provision shall be severed from these terms the validity of
the other provisions of these conditions and the remainder of the
provision in question shall not be affected thereby and the parties
shall use their reasonable endeavours to agree an equivalent but
valid replacement provision.
10.5 These terms shall be governed by and construed in accordance
with Scottish law and the parties irrevocably submit to the exclusive
jurisdiction of the Scottish courts over any claim or matter arising
under or in connection with the conditions of the Content. The place
of performance of the Contract shall be Scotland and the language
of the sites and the conditions is English.
10.6 Summit has used its reasonable endeavours to ensure that the
Site comply with Scottish law. However, Summit makes no representations
that the Sites are appropriate or available for use in locations
outside Scotland and consequently Summit bears no liability for
use outside Scotland.
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