OutsideTheBox - DIY Training Workshops/Courses

1. General
2. Quotations and Acceptance
3. Prices
4. Payment
5. Delivery
6. Risk and Title
7. Copyright and Use of Training Materials
8. Infringement of Intellectual Property or Other Rights
9. Return of Training Materials
10. Force Majeure
11. Website
12. Our liabilities

1. General

The otbltd.com website ("the website") is owned and operated by OutsideTheBox (Personal Development and Management Solutions) Ltd also know as OutsideTheBox  ("we", "us" or "our") a limited liability company registered in England and Wales under company number   05346567 and whose registered office is at The TechnoCentre, Puma Way, Coventry CV1 2TT.   (click Contact Us for further details).

All orders for the supply, including purchase, hire or preview or otherwise ("supply" and "supplied" shall be construed accordingly) of the Company's products including training resources and/or services including, advertising from time to time (the "products" and the "services" as appropriate) placed by an individual or organisation ("the customer") and accepted and supplied by OutsideTheBox Ltd are subject to and made upon these Terms and Conditions of Sale ("the conditions"). These Conditions apply to the exclusion of all other terms and conditions (including any the Customer purports to apply).

These Terms and Conditions shall be governed by English law and the parties irrevocably submit to the exclusive jurisdiction of the English courts over any claim or matter arising under or in connection with the Conditions or the Products and Services.   The place of performance of the Contract shall be England and the language of the Website and the Conditions is English.

These terms and conditions do not affect your statutory rights.

2. Quotations and Acceptance

2.1      
All Products and Services are subject to availability and the Company shall be entitled to refuse to Supply an order placed by the Customer.

2.2
To order Products and Services the Customer will need to contact the Company's sales team either by a) telephone, b) using the ordering procedures specified on the Company's website or c) by a written method such as fax, post or e-mail or otherwise (in Writing).   By making an order the Customer warrants that he (or she or it) is acting only in the course of his (or her or its) business.

2.3            
No contract between the Company and the Customer for the Supply of Products and Services ("the Contract") shall arise until the Company accepts the order either by written acknowledgement or upon the Company commencing processing of the Customer's order, whichever is the earlier.

2.4            
The Customer cannot cancel an accepted order except following the Company's written agreement which may be on terms that indemnify the Company against all its loss (including loss of profit), costs, damages and expenses (if any) incurred by the Company as a result of cancellation.

2.5            
The Company makes no representation whatsoever as to the suitability of the Products or Services for the Customer's purpose.

3. Prices

3.1            
The cost of the Products and Services will be displayed on the Website and quoted in e-mails, publicity materials or otherwise and where no price has been quoted (or a quoted price pertaining to a special offer is no longer valid) the Company reserves the right, as part of the acceptance procedure, to validate the price and inform the Customer that the price is higher than that stated in the order.

3.2            
The price is exclusive of any applicable value added tax ("VAT") or other taxes or duties payable by the Customer and VAT shall be charged, where appropriate, at the rate prevailing at the relevant tax point.   The Company's VAT registration number is GB 868 8664 47.

3.3            
The price excludes the cost of delivery, which may be subject to an additional charge to the Customer.

4. Payment

5. Delivery

5.1      
Dates mentioned either in a quotation, acceptance of order or elsewhere are approximate only and not of any contractual effect.  The Company shall not be liable to the Customer for any loss or damage of whatever nature, arising directly or indirectly from a failure to deliver on any particular date or dates.

5.2    
Delivery of the Products shall be deemed effected when the Products are delivered to the Customer's place of business or as specified in its order.

5.3    
The Company reserves the right to suspend deliveries to the Customer and/or terminate the Contract without liability to the Company if the Customer fails to comply with any of the Conditions.

5.4    
Should any Products be damaged in transit the Customer must notify the Company in writing within three working days of receipt.   Any liability of the Company for non-delivery of the Products shall be limited to replacing the Products within a reasonable time or issuing a credit against any invoice raised for such Products.

6. Risk and Title

6.1    
Risk in the Products shall pass to the Customer immediately on delivery notwithstanding that the intellectual property in the Products may not have passed to the Customer.

6.2   
Until ownership of the Products passes to the Customer, it shall keep the Products in good condition.

6.3    
Where the Products are Supplied for preview or until all Products are fully paid for the Products shall remain the property of the Company and the Products shall remain in possession of the Customer solely as bailee for the Company and in a fiduciary capacity.

7. Copyright and Use of Training Manuals

7.1            
IRRESPECTIVE OF WHETHER TITLE TO ANY PRODUCTS PASSES TO THE CUSTOMER UNDER CLAUSE 6.3 THE COPYRIGHT AND ANY OTHER INTELLECTUAL PROPERTY RIGHTS IN, ON OR ASSOCIATED WITH THE PRODUCTS INCLUDING WITHOUT LIMITATION TRADE MARKS AND DESIGN RIGHTS ("INTELLECTUAL PROPERTY") SHALL AT ALL TIMES REMAIN VESTED IN THE COMPANY OR ITS LICENSORS AND NO SUCH RIGHTS SHALL PASS TO THE CUSTOMER.

7.2            
Subject to Clause 7.3, the Customer can not and shall not permit a third party to:

7.2.1              
copy the whole or any part of the Products;

7.2.2            
use the Products for any purpose other than training the Customers own employees or as provided in Clause 7.3.2;

7.2.3

if supplied for the purposes of preview, use for exhibition or training or for any purpose other than evaluation with a view to purchase;

7.2.4            
Supply Products to any individual or organization other than employees from time to time of the Customer;

7.2.5            
directly or indirectly require or accept payment (in money or money's worth) from any person for access to or use of the Products;

7.2.6            
copy and distribute to the public, show or play in public, or broadcast any materials comprising the Products;

7.2.7            
do anything to the Products which is an infringement of any rights referred to in Clause 7.1;

7.2.8            
adapt the Products and do any of the things listed in Clauses 7.2.1, 7.2.6 and 7.2.7 to any adaptation;

7.2.9            
deface, cover or remove any of the Company's trade marks or logos, if any, on or associated with the Products and Services;

7.2.10            
apply to register any of the Company's trade marks or logos, if any, on or associated with the Products and Services or any confusingly similar mark; and

7.2.11            
without limitation to the generality of the foregoing in relation to the Products and Services, do such acts or things as are regarded as infringement pursuant to the Copyright, Designs and Patents Act 1988 and/or The Trade Marks Act 1994 or such other equivalent, successor, foreign or amended legislation from time to time wheresoever arising in the world.

7.3

This Clause does not apply to Products provided to the Customer for the purpose of preview and only applies to Products purchased on payment of all sums owed by the Customer to the Company:

7.3.1            
except otherwise approved in writing in advance by the Company on a case by case basis, the Company grants the Customer a licence to copy, use and make available SOLELY for training purposes ONLY those elements of the Products and Services that expressly allow copying; and

7.3.2           
if the Customer is an independent training consultant (but not otherwise) then the Customer shall have a licence to use the Products to train its clients (including a copy to licence subject to Clause 7.3.1) provided that the Products are only used under the direct control of the Customer (and in particular not left on the premises or otherwise in the possession or control of any client of the Customer, except and to the extent expressly permitted under the terms of any applicable licence referred to in Clause 7.3.1).

8. Infringement of Intellectual Property or Other Rights

8.1            
The Customer shall forthwith give written notice to the Company of any infringement or suspected or threatened infringement of any Intellectual Property, in the Products and Services which shall at any time come to its knowledge.

8.2           
Following written notice provided pursuant to Clause 8.1, the Company shall, at its sole discretion, decide what further steps, if any, should be taken to prevent or terminate such infringement and recover damages.   This may include the institution of legal proceedings and in any event the Customer shall promptly provide or procure such further assistance as the Company may from time to time request.

9. Return of Training Materials

9.1  
Where the Products and Services are Supplied for:

9.1.1            
preview and the Customer decides not to purchase them the Customer shall return the Products to the Company within seven days of receipt, at the Customer's cost, by post; or purchase and then returned pursuant to the Company's money back guarantee the Customer shall return the Products to the Company within ten days of receipt, at the Customer's cost, by traceable means such as registered post or by reputable courier.

9.1.2            
without limiting any other legal recourse, where the Products are damaged or the copy prevention mechanisms, if any, is broken the Company shall be entitled to charge the Customer the full purchase price for such Products in accordance with the Conditions.

10. Force Majeure

The Company shall not be liable to the Customer for any loss or damage which may be suffered by the Customer as a direct or indirect Supply by the Company being prevented, hindered, delayed or rendered uneconomic by reason of circumstances or events beyond the Company'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 or storm and the Company shall be entitled to terminate a Contract or delay delivery of Products by a period equal to that during which it is prevented, hindered or delayed as aforesaid.

11. Website

11.1            
The Website is provided on an "as is" and "as available" basis and we shall not be liable to you for your inability to use the service.

11.2            
Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new Products or Services.

11.3            
You may not use the Website, directly or indirectly, for any of the following purposes:

disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, obscene or otherwise objectionable material

transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice

gaining unauthorised access to any other computer systems

interfering with any other person's use or enjoyment of the website

breaching the laws concerning the use of public telecommunications networks

interfering or disrupting other networks or websites connected to the website

making, transmitting or storing electronic copies of materials protected by copyright without the permission of the Company

11.4            
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlement sums paid by us as a result of any settlement agreed by us arising out of or in connection with:

any claim by any third party that the use of the Website by you is defamatory, offensive or abusive, or of obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;

any claim by any third party that the use of the Website by you infringes that third party's copyright or other intellectual property rights of whatever nature; and

any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Website by you.

12. Our liabilities

12.1            
The Website is provided by us without any warranties or guarantees.   You must bear the risks associated with the use of the Internet.

12.2            
The Website may provide content from other Internet sites or resources and while we try to ensure that material included on the Website is correct, reputable and of a high quality, we cannot accept responsibility if this is not the case.   We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website.   If we are informed of any inaccuracies in the material we will attempt to correct the inaccuracies as soon as we possibly can.

12.3            
In particular, we disclaim all liabilities in connection with the following:

incompatibility of the Website with any of your equipment, software or telecommunications links

technical problems including errors or interruptions of the Website

unsuitability, unreliability or inaccuracy of the Website

inadequacy of the Website to meet your requirements.

12.4            
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any inconsequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.

12.5            
Once you have placed an order for any Products or Services via the Website, the order will not be treated as having been accepted until you receive written confirmation from us that this is the case.