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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