Our Terms and Conditions (Purchase and Use) & Disclaimers
Our Terms and Conditions
Purchase and use – Opt learning and development materials
Basis for the sale
The Seller is Organisations Policies Training Limited registered in England under the company number 05383573, 354 Ballards Lane, London N12 0DD, United Kingdom. By purchasing the Seller’s products the Purchaser agrees to these terms and conditions.
“Opt publications” means all versions of Organisations Policies Training Limited learning and development materials, including PDFs to download and print. “Purchaser” means any person buying any of the Opt publications. “User” means the Purchaser and its employees only.
The Seller reserves the right to make changes in any version of the Opt publications. The Purchaser may request changes and the Seller will quote prices for any required changes.
The price of the Opt publications shall be the price listed in the Seller’s price list current at the date of acceptable of the order, unless otherwise agreed. The price list is exclusive of Value Added Tax. Prices are quoted in GB pounds.
The Purchaser can buy direct from www.optforlearning.co.uk via Paypal or invoiced in advance. The Seller will only supply Opt publications after receipt of payment in full. The Seller will discontinue provision of the PDF to download if payment is not made.
Licence to print PDF
The Purchaser will purchase a licence for a period of 12 months “”the Licence Period” from the date of purchase to supply the PDF to a maximum number of users. The Seller will raise an invoice related to the maximum number of users. The Purchaser may purchase a new licence to increase the number of users.
The Seller retains copyright and all intellectual property rights in Opt publications, which must not be copied or reproduced in any form or posted onto website or intranet without the Seller’s prior written approval. If the Purchaser does any act which, in the Seller’s reasonable opinion, is in breach of the Seller’s intellectual property rights, the Seller may terminate this agreement immediately, without prejudice to any other remedies the Seller may have.
Data protection and privacy
The Seller uses personal information volunteered during the registration process to provide information on Opt publications to the Purchaser. Personal information is stored securely and is not passed on to third parties in any way.
The Seller shall not be liable for any loss or failure to perform any of its obligations to the Purchaser due to any cause beyond its reasonable control, include: delay; breakdown or failure of computer facilities or systems; strikes or industrial action; war; terrorist act or civil disorder; or lightening; fire or flood.
The Purchaser cannot sell or assign any Licence from the Seller to any third party.
If any provision of this agreement is held to be illegal or unenforceable, the validity and enforceability of the remainder shall continue in full force and effect.
The Purchaser acknowledges that this Agreement and the Licence Form contain the whole agreement between the parties and it has not relied upon any oral or written representation made to it by the Seller or its employees or agents.
This Agreement supersedes any prior agreement between the parties, whether written or oral.
Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy or of any other right or remedy under this Agreement.
Any notice to be served on either of the parties by the other may be served by sending it by post or email to the others registered or other address. Such notice shall be deemed to have been received by the addressee within 72 hours of posting or 24 hours if sent by electronic mail to the correct electronic mail address.
This Agreement will terminate upon the expiry of the Licence Period. The Seller may terminate this Agreement, upon 14 days notice in writing, if the Purchaser fails to make any payment due to the Seller, if the Purchaser becomes bankrupt or insolvent, or if the Purchaser is otherwise in breach of these Terms and Conditions. All accrued rights, indemnities and exclusions in this Agreement shall survive the expiry or termination of this Agreement.
Liability of the Seller
The Seller is not liable for direct or indirect loss caused by decisions which the Purchaser or any user may make as a result of using the Opt publications. The Seller is not liable for direct or indirect loss caused by the use or misuse of the Opt publications. A person who is not a Purchaser has no rights against the Seller under the Contracts (Rights of Third Parties) Act 1999.
This Agreement is governed by English law and both parties submit to the exclusive Jurisdiction of the English course.
Organisations Policies Training Limited (Opt)
Registered officer: 354 Ballards Lane, London N12 0DD
Company No: 05383573
Opt for learning Web Site Agreement
www.optforlearning.co.uk is an online outlet for Organisations Policies Training Limited (Opt), subject to your compliance with the terms and conditions set forth below.
Please read this document carefully before accessing or using the Site / Service / Outlet. By accessing or using the Site / Service / Outlet, you agree to be bound by the Terms and Conditions set forth below. If you do not wish to be bound by these Terms and Conditions, you may not access or use the Site / Service / Outlet. Opt may modify this Agreement at any time, and such modifications shall be effective immediately upon positing of the modified agreement on the Site / Service / Outlet. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the Site / Service / Outlet shall be deemed your conclusive acceptance of the modified agreement.
1. Copyright, Licences and Idea Submissions
The entire contents of the Site / Service / Outlet are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Organisations Policies Training Limited (Opt), its affiliates or other third party licensors. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the Site, including text, graphics, code and / or software.
You may only download and print materials advertised on the Site / Service / Outlet as Free Downloads solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.
You agree to grant to Organisations Policies Training Limited (Opt) a non-exclusive, royalty-free, worldwide, perpetual licence, with the right to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to optforlearning.co.uk / Opt by all means and in any media now known or hereafter developed. You also grant Organisations Policies Training Limited (Opt) the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Organisations Policies Training Limited (Opt) for any alleged infringement or misappropriation of any proprietary right in your communications to optforlearning.co.uk / Opt.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of Organisations Policies Training Limited (Opt). Other product and company names mentioned on the Site may be trademarks of their respective owners.
2. Use of the Site / Service / Outlet
You understand that, except for information, products or services clearly identified as being supplied by Organisations Policies Training Limited (Opt), the Site / Service / Outlet does not operate, control or endorse any information, products or services on the Internet in any way. Except for Opt identified information, products or services, all information, products and services offered through the Site / Service / Outlet or on the Internet generally are offered by third parties, that are not affiliated with www.optforlearning.co.uk / Opt. You also understand that Organisations Policies Training Limited (Opt) does not guarantee or warrant that files available for downloading through the Site will be free of infection, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Site / Service / Outlet and the internet. Opt provides the Site / Service / Outlet and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Site / Service / Outlet, any merchandise information or service provided through the Site / Service / Outlet or on the internet generally, and Opt shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site / Service / Outlet or on the internet generally. Opt does not warrant that the Site / Service / Outlet will be uninterrupted or error-free or that defects in the Site / Service / Outlet will be corrected.
You understand further that the pure nature of the internet contains unedited materials some of which are sexually explicit or may be offensive to you. Your access to such materials is at your risk. Opt has no control over and accepts not responsibility whatsoever for such materials.
Limitation of liability
In no event will Opt be liable for (I) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programmes or information, and the like) arising out of the use of or inability to use the Site, or any information, or transactions provided on the Site / Service / Outlet, or downloaded from the Site / Service / Outlet, or any delay of such information. Even if Opt or its authorised representatives have been advised of the possibility of such damages or (II) any claim attributable to errors, omissions, or other inaccuracies on the Site / Service / Outlet and / or materials or information downloaded through the Site / Service / Outlet. Opt makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non Opt web site, please understand that it is independent from Organisations Policies Training (Opt) and that Opt has no control over the content on that web site.
You agree to indemnify, defend and hold harmless Organisations Policies Training Ltd (Opt), its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site / Service / Outlet from and against all losses, expenses, damages and costs, including reasonable legal’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Site / Service / Outlet.
4. Third party rights
The provisions of paragraphs 2 (Use of the Site / Service / Outlet) and 3 (Indemnification) are for the benefit of Organisations Policies Training Limited (Opt) and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Site / Service / Outlet), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of the United Kingdom. You agree that any legal action or proceeding between Organisations Policies Training Limited (Opt) and you for any person concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in the United Kingdom. Any cause of action or claim you may have with respect to the Site / Service / Outlet must be commenced within 1 (one) year after the claim or cause of action arises or such claim or cause of action is barred. Organisations Policies Training Limited (Opt) failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Organisations Policies Training Limited (Opt) may assign its rights and responsibilities under this Agreement to any party at any time without notice to you.
Last updated : May 10 2010