TERMS AND CONDITIONS FOR FENMAN SITES
  1. INTRODUCTION

    1.1 All Content on this website is proprietary to Fenman Limited, and all access to it is subject to these conditions. All unauthorised copying and use is strictly prohibited. By accessing this website, you agree to these terms and conditions which form a legally binding agreement. If you do not agree to these terms and conditions, please exit this website.

    1.2 Some parts of this website require your membership. Should you not agree to accept and abide by these terms and conditions, you will not be able to access the membership areas of the site.


  2. DEFINITIONS

    2.1 Fenman.co.uk (the “website”) is owned and operated by Fenman Limited, Company Number 2173351, VAT registration number GB 479899935, whose registered office is at Unit 2, e-space North, 181 Wisbech Road, Cambridgeshire, CB6 1RA, UK. These terms apply only to this website and to other Fenman sites through or from which you have reached this website.

    2.2 The terms Fenman, we, us, our and ours when used in these terms and conditions mean Fenman Limited and its parent, subsidiaries, divisions, branches, affiliates or companies under common ownership or control of Fenman Limited.

    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 resources and all other content including advertising from time to time on this website downloaded by means of TrainerActive credits.

    2.5 “TrainerActive Credits” means credits purchased online by credit, debit or charge card or by means of cheque or mail with which Content can be downloaded from the membership areas of this website.


  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 from time to time without specific notice to you. The latest terms and conditions will be posted on the website and you should always review these terms and conditions prior to using the website to ensure that you have a current understanding of the terms and conditions under which you are permitted to access this website. If you are unable to access these terms and conditions via the internet, we can provide a copy of the most recent terms and conditions by e-mail upon request.

    3.3 Access to this website and the use of information, materials, products or Content provided through this website is not intended and is prohibited where such access or use violates applicable laws and regulations.


  4. Quotations and Acceptance

    4.1 All Content is subject to availability and Fenman shall be entitled to refuse to supply an order placed by you.

    4.2 To order Content you will need to contact Fenman’s sales team either: a) by telephone; or b) using the ordering procedures specified on the Company’s websites including www.fenman.co.uk, www.trainingjournal.com, www.ukhrd.com and www.traineractive.co.uk; or c) by a written method such as fax, 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 No contract between Fenman and you for the supply of Content shall arise until you have downloaded Content using TrainerActive Credits. We may send you an automated confirmation of receipt of order, but this will not constitute acceptance of the order.

    4.4 Fenman makes no representation whatsoever as to the suitability of the Content for your purpose.


  5. Prices

    5.1 The cost of the Content shall be the higher of the price displayed on the website or quoted whether in e-mails, publicity materials or otherwise and where no price has been quoted (or a quoted price is no longer valid) the price listed in the Fenman’s published price list at the date of the Contract. Fenman may change the price of the Content before the Contract is formed. If you order the Content via the website or in writing Fenman reserves the right, as part of the acceptance procedure, to validate the price and inform you that the price is higher than that stated in the order.<


  6. Registration and TrainerActive Credits

    6.1 Some aspects of the website may require you to register and provide certain information about yourself. You agree to a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the “registration data”) and b) maintain and promptly update the registration data (either on-line through the website or by e-mailing us) to keep it true, accurate, current and complete.

    6.2 Registration data and certain other information about you is subject to our privacy policy. You acknowledge that the [privacy policy] is incorporated into these terms.

    6.3 The registration process requires you to state whether you will purchase Content as:

    (i) a single user licensee;

    (ii) a licensee with 2-10 users; or

    (iii) a licensee with 11+ users.

    The number of TrainerActive Credits required to download content will be based on your licence.

    6.4 If you purchase Content as a multi-user licensee you agree to inform all those in your organisation of their obligations under these terms and conditions.

    6.5 You agree to abide by the licence granted to you at the time of the download of the Content. Should you not, you shall be in breach of those terms and Fenman may terminate your membership.

    6.6 The registration processes on the website may involve you giving a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under you password or account. You agree to a) immediately notify Fenman of any unauthorised use of your password or account and any other breach of security and b) ensure that you exit from your account at the end of each session. Fenman cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.

    6.7 Certain parts of the website are restricted to those users who have registered with us. If you wish to have unrestricted use of the website and access to downloadable Content you will be required to register and pay the fee notified to you via the website in respect of TrainerActive Credits.

    6.8 The fee for TrainerActive Credits shall be payable in one of two ways:

    i) by credit or debit card, or

    ii) by cheque or postal order.

    6.9 Where you wish to pay the TrainerActive Credit fees 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 on our registration form and you agree that we are authorised to take payments from your account as and when they become due for further credit. You further agree that this authorisation will remain in effect until you revoke it in writing to us.

    6.10 Where you wish to pay by cheque or postal order, we shall issue an invoice on our acceptance of your registration. All invoices are payable within 30 days of the date of invoice. We reserve the right not to provide access to Content until we have received cleared payment.

    6.11 We reserve the right to change the TrainerActive Credit fees and billing methods at any time.

    6.12
    We will notify you of all such changes as and when they occur and your continuing membership with the website will constitute acceptance of such changes.

    6.13 We reserve the right to terminate your account immediately without further notice if you do not accept any such changes, fail to pay our invoices or otherwise breach your agreement with us.

    6.14 All TrainerActive Credit purchase fees payable are subject to the addition of VAT, where applicable, and shall be paid in full without deduction or withholding.

    6.15 If you wish to have your registration data from our database removed you must notify us in writing by e-mail to service@fenman.co.uk of your wish. You agree that your obligations in relation to Content already downloaded will continue after your registration data is removed from our database.

    6.16 Upon removal of your registration data from our database, you agree to forfeit all TrainerActive credits remaining in your account.


  7. TERMS OF USE OF THIS SERVICE

    7.1 You may:

    7.1.1 download Content from this website pursuant to the terms of your licence;

    7.1.2 make one copy of the Content solely for backup purposes;

    7.1.3 produce all proprietary notices on this single backup copy.

    7.1.4 You may make copies, both electronic and as hard copy, of pages of this Content marked with an “OK TO COPY” icon and distribute them;

    7.1.4.1 To employees of yours who are attending any course that is being run using the Content, but not to anyone else; or

    7.1.4.2 If you are an independent training consultant (but not otherwise) to employees of your client who are attending any courses being run using the Content, but not anyone else.


  8. PROHIBITED USES

    8.1 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, save to the extent expressly permitted by this licence:

    8.1.1 copy any pages other than those with the “OK TO COPY” icon which are then subject to condition 5.1.5 above;

    8.1.2 to the extent that source code is contained within the Content or company materials (if applicable), reverse engineer, decompile or disassemble any part of such source code;

    8.1.3 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;

    8.1.4 Sub-license, resell, rent, lend or otherwise distribute the Content;

    8.1.5 post a copy of the Content on any network server or web server, subject to you being permitted to do so under the terms of your licence, for use by other users.


  9. FENMAN’S OBLIGATIONS

    9.1 Fenman warrants that you will not infringe any third party rights by using the Content and we will indemnify you against the costs which you may incur as a result of any claim that the use by you of the Content infringes any third party rights, provided you notify us within a reasonable amount of time of any such claim being made.

    9.2 Fenman will take reasonable steps to ensure that the software and data files supplied to you as part of the Content are virus free but it is your responsibility to implement appropriate anti-virus and other security measures.

    9.3 Fenman will take reasonable steps to ensure that the service is continuous and that access to our website is not interrupted for more than 5 working days in any 12 month period by any event in our control but we do not guarantee that the site or any particular Content will be available all the time.


  10. DISCLAIMER

    10.1 You expressly acknowledge and agree that:-

    10.1.1 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, Fenman Limited expressly makes no warranty or representation that 1) the Content will meet your requirements, 2) the Content will be uninterrupted and secure, 3) the results that may be obtained from the use of the Content will be accurate or available 4) the Content obtained by you through the website will meet your expectations and 5) any errors in software will be corrected.

    10.1.2 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.

    10.1.3 we may change or withdraw part or all of any of the Content at our discretion.


  11. LIABILITY

    11.1 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 in amount exceeding the TrainerActive Credit fees you have paid;
    except in respect of death or personal injury caused by our negligence or for fraud.

    11.2 Nothing in this Agreement limits or excludes a consumer’s statutory rights.


  12. COPYRIGHT

    12.1 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 Fenman or its licensors and no such rights shall pass to you.


  13. TERMINATION

    13.1 This agreement is effective until termination. You may terminate your membership at any time by emailing service@fenman.co.uk or by such other means by a written notice that is acceptable to Fenman which may indicate confirmation of your identity and your intention to terminate.

    13.2 This agreement will terminate if you are in breach of any of its terms and the breach is not remedied within the period of [7] days after written notice of it has been given to you by Fenman.

    13.3 Fenman reserves the right and sole discretion to restrict, suspend or terminate your right to access the membership portions of this website at any time for any reason without prior notice or liability. Fenman may change, suspend or discontinue all or any aspects of the site at any time, including the availability of any future check on the database or Content without prior notice or liability.

    13.4 Fenman may terminate or suspend your access to portions of this website for inactivity which is defined as failing to access membership portions of this site for the extended period of time as reasonably determined by Fenman. Should Fenman remove your registration data from the database as a result of inactivity you will forfeit all TrainerActive Credits in your account.


  14. GENERAL

    14.1 Fenman 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 Fenman being prevented hindered delayed or rendered uneconomic by reason of circumstances or events beyond Fenman’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 Fenman shall be entitled to terminate a membership or delay delivery of Content by a period equal to that during which it is prevented, hindered or delayed as aforesaid.

    14.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.

    14.3 No waiver by Fenman 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.

    14.4 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.

    14.5 These terms shall be governed by and construed in accordance with 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 of the Content. The place of performance of the Contract shall be England and the language of the sites and the conditions is English.

    14.6 Fenman has used its reasonable endeavours to ensure that the Sites comply with English law. However, Fenman makes no representations that the Sites are appropriate or available for use in locations outside England or Wales and consequently Fenman bears no liability for use outside England or Wales.

    14.7 These terms are not intended to confer a benefit on any third party, whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise, and no third party shall have any right to enforce any of the provisions of these terms.