Terms

Terms

Definitions

In these terms:

Member: Refers to you if you are the sole user of Trainers’ Library® or Managers’ Library™ services within your account or the main contact within an organisation with multiple licences. A Member is also a Licence Holder.

Licence Holder: Refers to anyone who has a log-in and password and a valid, paid for licence to use Trainers’ Library® or Managers’ Library™ materials.

Start Date: The date your membership/licence becomes active.

End Date: The date that your current paid-for Membership Term expires.

Membership Term: The period of membership that has been paid for.

General Terms

(Applicable to Everyone)

Please note that these terms relate to any Glasstap® services included in a Glasstap® membership and accessed by logging on to www.glasstap.com or www.trainerslibrary.com or www.managerslibrary.com (the Websites). Please read these terms and conditions carefully before accessing, using the Websites and/or ordering any products or services from the Websites. You should understand that by accessing, using the Websites and/or ordering any of our products or services, you agree to be bound by these terms and conditions.

These terms do not cover Trainers’ Market, which has separate terms. Please see www.trainersmarket.com for the terms relating to that website.

You should print a copy of these terms and conditions for future reference.

These terms supersede any other terms you wish to apply at any time or which are implied by trade, custom or course of dealing.

Information About Us
www.glasstap.com, www.trainerslibrary.com and www.managerslibrary.com are websites operated by Glasstap Limited ("we, us, our"). We are registered in England and Wales under company number 03755951, and with our registered office is at Kings Arms Lane, Alston, Cumbria CA9 3JF. Our VAT number is 734040861.

If you are unclear or uncertain about anything in these Terms you can contact us with any queries:

By phone: +44 (0)1434 381122
By post: Glasstap Limited, Kings Arms Lane, Alston, Cumbria CA9 3JF
By email: [email protected]

These Terms
All orders and purchases made on any of the Websites will be governed by the following specific terms relevant to each area as follows:

1. Membership.
2. Corporate Membership.
3. Security.
4. Rights and Restrictions.
5. Trainers' Library®.
6. Managers' Library™.
7. Our Forums.
8. Blogs.
9. Events.
10. Other Conditions.


1. Membership
(Applicable to Members of Trainers' Library® and Managers' Library™)

Joining Trainers' Library®
You can join Trainers' Library® or Managers' Library™ online or by telephoning us. You will be required to register your details with us and those details will be held in accordance with our privacy policy at www.glasstap.com/privacy-GL.aspx.

We have four levels of membership in Trainers' Library® and the table here sets out the services available to Members at the different levels. We have one level of membership in Managers’ Library™ with the option of a quarterly or annual membership, and the table here explains these.

A contract between us is formed when you place an order verbally, in writing or via the Internet and we confirm receipt of your order by email and/or confirm to you that an invoice will be raised.

Members must be at least 18 years of age. Anyone under the age of 18 is not entitled to become a Member in their own right.

You undertake that any information you provide to us about yourself is accurate and current and that if you provide us with details of a credit, debit or charge card, you undertake that you are fully entitled to use that card and that it contains sufficient funds to cover the charges which we will deduct from it.

Your Start Date will normally be the date we receive payment from you.

Your Subscription
Your subscription is due quarterly or annually in advance.

You may have the option to pay your subscription in full or in instalments using a credit/debit card. When you do this a regular payment plan ("Futurepay Agreement") will be set up, which means that future subscriptions will be automatically taken from your card (rather like a standing order, but with your credit/debit card, which helps to ensure your subscription is paid on time and that you’ll continue to benefit from our no price increase guarantee). You can cancel the Futurepay Agreement at any time by contacting us and your membership will then terminate at the next End Date.

No refunds for any unused portion of the membership term will be given.

Membership Term
The minimum membership term is three months for customers choosing a three-month membership (Bronze membership in Trainers’ Library®) and twelve months for other customers, commencing on the Start Date. Your membership will continue indefinitely thereafter unless cancelled by you. Upon cancellation, membership will terminate at the end of the existing Membership Term.

Membership Renewal
If you choose a quarterly membership, your membership will automatically renew every three months, unless you cancel.

If you take out an annual membership, we will make a reasonable attempt to contact by email or telephone, prior to your annual subscription becoming due, to ensure you wish to continue with your membership.

Please note that if you pay an annual subscription in instalments by credit/debit card and wish to cancel your membership, it is your responsibility to let us know, giving us one month's notice in writing before payment is taken.

If you pay your annual subscription by instalments, you will pay such instalments in advance, by credit/debit card, direct debit or such other method as we may agree. If you terminate part way through the Membership Term we may demand and receive from you the remaining instalments due to us in respect of that Membership Term.

We cannot provide any refunds on subscriptions paid.

Please note that if your subscription is not received by the due date, we reserve the right to suspend or terminate your membership and licence.

7-day Money Back Guarantee
When you join Trainers’ Library® or Managers’ Library™, you will benefit from a 7-day money back guarantee. This will come into force on the Start Date. During this 7-day period you may cancel your membership at any time and receive a full refund, provided you have complied with the "Consequences of Termination" provisions set out below.

No Price Increase Guarantee
We guarantee never to increase the subscription you pay for your membership (excluding taxes), as long as your membership continues without interruption. We may terminate your membership if your subscription is not paid by the due date, in which case you will have to re-join at the current rates/terms.

Membership Transfer
To transfer the Member’s licence to someone else, you should contact us with details of the individual to whom the membership will be transferred. The new Member will be asked to agree to these terms and conditions of use and on receipt of that agreement will be allowed to take over the membership on the same rates and terms that previously applied. A membership may be transferred no more than twice in any calendar year.

Termination of Membership
We may terminate your membership at any time by giving written notice to you immediately and without refund if you commit any continuing or material breach of these terms and, if the breach is capable of remedy by you, it is not remedied within ten days of a written notice from us providing you with details of the breach; or you fail to pay the subscription fees, or any other sums which are payable under these terms, on their due date.

We reserve the right to revoke the licence to download and use the materials for good cause and elect to replace such materials with alternative materials. Upon notice of any revocation of a licence you shall immediately stop using the materials.

Consequences of Termination
On termination of your membership any licence to download and use the materials from our Websites will immediately terminate and you must:

1. Stop using the materials;
2. Destroy, or upon our request, return the materials to us; and
3. Delete or remove the material from your premises, computer system and storage (electronic or physical).

If requested to do so by us, you shall provide to us a written statement confirming you, and any other Licence Holders on your account, have complied with these obligations set out above (points 1 to 3).

2. Corporate Membership
(Applicable to Members and Licence Holders, including Associate Licences)

The Trainers’ Library® or Managers’ Library™ Member must allocate one licence to every person delivering training within their organisation that includes materials, ideas or concepts belonging to Glasstap®.

We reserve the right to amend or adjust the number of licences allocated to you or amend your annual subscription at any time if we have reasonable cause to doubt the accuracy of the information you have provided about the number of trainers or managers within your organisation using our materials.

On payment of the subscription fee, each named Licence Holder will have a non-exclusive, non-transferable licence to access and use our services.

The Trainers’ Library® or Managers’ Library™ Member will be able to allocate licences to Licence Holders and deactivate Licence Holders who no longer require a licence (because, for example, they have left the organisation) subject always to the maximum number of licences we have agreed to provide, which must not be exceeded.

3. Security
(Applicable to Members and Licence Holders, including Associate Licences)

Access to the user account and the material available on our Websites will be gained by using a username (usually your email address) and password. Members and Licence Holders are responsible for ensuring the confidentiality and proper use of their username, password and account and for restricting access to their computer and they agree to accept responsibility for all activities that occur under their account or password. In order to assist us with our security policy, you should not leave your computer unattended while you are logged on to our Websites and should ensure that you log out each time you have finished.

You must tell us immediately if you believe that an unauthorised person knows your username or password or has access to your account.

We reserve the right to refuse service or terminate your account if we suspect an unauthorised person is attempting to access it.

4. Rights and Restcrictions
(Applicable to Members of Trainers’ Library®, Managers’ Library™ and Licence Holders)

Rights and Restrictions
You are reminded that copyright subsists in all material in Trainers' Library® and Managers’ Library™. Except as permitted under the Copyright, Design and Patents Act 1988 and in these terms, no materials either in part or whole, may be reproduced, without our prior written permission.

5. Trainers' Library®

As a Trainers’ Library®, Bronze, Silver, Gold or Sapphire Licence Holder and on payment of the subscription fees, the Trainers’ Library® Licence Holder will have a non-exclusive, non-transferable licence to access and download items from our library of training materials including Trainer’s Notes, Handouts, and other documents or images for their personal use during the Membership Term.

The licence is personal to the Licence Holder and they may not transfer, sub-licence, sell, assign, or otherwise dispose of the materials that are downloaded. A Licence Holder must be present when any material from Trainers’ Library® is used and they may not pass copies of the Trainer’s Notes to any other individual.

Where instructed in the Trainer’s Notes, a Trainers’ Library® Member or Licence Holder may pass copies of other documents, including Team Briefs, Handouts and Case Studies to participants present at the time that they are providing training using Trainers’ Library® material.

All documents on Trainers' Library® which are not available in Word format must not be copied in whole or in part and you must retain the copyright statement on the documents.

Where documents are provided as Word documents, for example in the case of most participant handouts, you may amend these to reflect your preferred ‘look and feel’ by adding your own organisation’s logo, or changing fonts. There is no need to make reference to Trainers’ Library® or Glasstap® on handouts that we make available in Word.

Please note that game boards, playing cards and some team or individual briefs, where amending them could impact upon the effectiveness of the training exercise, are not provided in Word at any level of membership.

Download Limit
If you join Trainers’ Library® on or after the 29th December 2014 as a Bronze or Silver, the number of titles you can download from Trainers’ Library® will be limited and the download limit applicable to the different levels of membership are detailed here.

Each Licence Holder will be able to download this number of titles from our course modules, team building games, icebreakers, complete courses, toolkits, case studies or stories per month. Access to our articles is unlimited - these do not count towards your download limit.

In every case where a lower limit is not already in place, the number of downloads permitted will be restricted to 40 different titles in the final 60 days of your membership (unless or until your renewal subscription is received).

Ensuring Your Material is Up to Date:
You should download a new copy of any Trainer’s Notes at least once a month to ensure you are using the latest versions of the exercises and activities. Documents downloaded will automatically expire after three months. (Saving modules to your favourites folder is a good way of making material you regularly use easy to locate.)

Self Employed Trainers and Training Companies
Every trainer employed by any organisation who will be delivering training that includes Glasstap’s materials must have their own Glasstap® licence. If you need to licence other trainers within your organisation, then you will need a corporate account with multiple licences.

On payment of the subscription fee, each named Licence Holder will have a non-exclusive, non-transferable licence to access our services.

The Trainers’ Library® Member will be able to allocate licences to Licence Holders and deactivate Licence Holders who no longer require a licence (because, for example, they have left the organisation) subject always to the maximum number of licences we have agreed to provide, which must not be exceeded.

Images
Trainers’ Library®, Gold or Sapphire Licence Holders have a non-exclusive, non-transferable licence to access and download our full library of images, slides and other documents for the permitted uses detailed below during the Membership Term.

The licence is personal to the Trainers’ Library® Licence Holder(s) and they may not transfer, sub-licence, sell, assign, or otherwise dispose of the images that they download.

Permitted Uses
The following are permitted uses of Trainers’ Images:

1. In handouts provided to participants on training courses or workshops that the Licence Holder delivers.
2. In PowerPoint or other presentations in training courses or workshops that you/they deliver.
3. In advertising and promotional materials, including printed materials, product packaging, catalogues, brochures, promotional greeting cards.
4. On–line or electronic publications, including web pages to a maximum of 800 x 600 pixels for image or illustration.
5. Any other uses approved in writing by Glasstap®.

Videos may not be modified, reproduced or shared and may only be used in and during training events that you are facilitating in real-time.

Images downloaded from Trainers’ Library® may not be used for any other purpose other than a Permitted Use listed above. All other rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by Glasstap® or the supplier of the Content, as the case may be.

Images downloaded from Trainers’ Library® may not be used for the following specifically prohibited uses:

1. Any use that involves using the image in a design or template for resale, licence or distribution for profit.
2. Any online use that enables the image to be downloaded or distributed.
3. Any use that is considered by Glasstap® (acting reasonably) pornographic, obscene, immoral, infringing, defamatory, or libellous in nature.
4. Any use of an image featuring a person that would lead a reasonable person to believe that that person uses or personally endorses a product or service.
5. Any use of an image that depicts a person in a potentially sensitive subject matter, including, but not limited to health issues, social issues, sexual issues or preferences, substance abuse, crime, abuse, ailments or any other situation that could be reasonably construed to portray the person in an unflattering or offensive manner, unless: The image itself clearly and equivocally portrays the model in the same context and to the same degree as the use. Or: The image is accompanied by a clear statement that the image is being used for illustrative purposes only and that the person portrayed is a model.
6. Any use that involves reproduction of the image more than 1,000 times without an extended licence being purchased. (Please contact us if this is required.)

Only Trainers’ Library® Members and their named Licence Holders are permitted to use images downloaded, although you may transfer files containing images downloaded from Trainers’ Library® to your graphic designers, printers, or ISP for the purpose of reproduction for Permitted Uses, provided that such parties shall have no further or additional rights to use the Content and cannot access or extract it from any file you provide.

For the avoidance of doubt, you are permitted to modify or alter images downloaded from Trainers’ Images, so long as the above restrictions are adhered to.

6. Managers' Library™

As a Managers’ Library™ Licence Holder and on payment of the subscription fees, the Managers’ Library™ Licence Holder will have a non-exclusive, non-transferable licence to access and download items from Managers’ Library™, including self-study guides, handouts, training notes, worksheets and other documents for their personal use during the Membership Term.

The licence is personal to the Licence Holder and they may not transfer, sub-licence, sell, assign, or otherwise dispose of the materials that are downloaded. A Licence Holder must be present when any material from Managers’ Library™ is used.

Where instructed in the Manager’s Notes, a Licence Holder may pass copies of other documents, including Team Briefs, Handouts and Case Studies to participants present at the time that they are providing training using Managers’ Library™ material.

All documents on Managers’ Library™ must not be copied in whole or in part and you must retain the copyright statement on the documents.

7. Our Forums

Rules of Use
Talk provides a question and answer forum that allows trainers and managers to share opinions, and ideas. It is not intended to provide definitive answers. No responsibility for loss occasioned to any person acting or refraining from action as a result of any posting in our forums is accepted by the contributors or by Glasstap Limited. In all cases, appropriate professional advice should be sought before making a decision.

Responses to questions posted in our forums, must respond to the question asked, and must comply with the type of response the Licence Holder posting the original question has indicated is sought. For example, you will not promote your own solutions or products if the Licence Holder posting the question has not requested this type of response.

Any posting to our forums should show respect for other forum users and in particular should not contain any material:

1. That is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
2. For which you have not obtained all necessary licences and/or approvals;
3. Which constitutes or encourages conduct that is considered a criminal offence, gives rise to civil liability, or is otherwise contrary to the law or infringes the rights of any third party, in any country in the world;
4. Which is in breach of the Data Protection Act 1984 or any other applicable laws; or
5. Which is technically harmful including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data.

Any material you transmit or post to the Websites shall not be considered as confidential or belonging to you. We shall have no obligations with respect to such material. You hereby agree, by submitting any material, to grant to us a royalty-free, non-exclusive licence to use, copy, disclose, distribute, incorporate and otherwise use such material for any and all commercial or non-commercial purposes.

Any posting on our forums must not breach anyone else's copyright or encourage breach of copyright. This includes offering to share copyrighted material with other Members. You agree to indemnify Glasstap Limited and its employees for any breach of copyright or any breach of the above clauses.

We will remove any posting where a formal complaint is received about it and reserve the right to remove any posting which, at our sole discretion, we feel does not abide by the spirit of these rules.

8. Blogs
(Applicable to Everyone)

Any blogs you submit must not breach anyone else's copyright or encourage breach of copyright. This includes offering to share copyrighted material with other Members. You must have permission to use, for commercial purposes, any images that you include in your blogs. You agree to indemnify Glasstap Limited and its employees for any breach of copyright or any breach of the above clauses.

We will remove any blog where a formal complaint is received about it and reserve the right to remove any posting which, at our sole discretion, we feel does not abide by the spirit of these rules.

9. Events
(Applicable to Everyone)

Your Booking
When you make a booking to attend an event organised by Glasstap® or its associates, you will be required to register your details, such details will be held in accordance with our privacy policy at www.glasstap.com/privacy-GL.aspx

Your booking constitutes a legally binding contract once we have confirmed in writing (usually by email) your place on an event.

Payment
Payment for your place on the event must be received within 30 days of your booking or 24 hours before the start of the event, whichever is sooner.

Cancellations
Cancellations must be received in writing (letter or email) and will be acknowledged in writing. In the event of you cancelling your place on an event, cancellation fees will apply as follows:

• For cancellations made less than 90 days before the start of the event - 100% of the event fee is payable by you.
• For cancellations received more than 90 days before the start of the event - 25% of the event fee is payable by you.

Should circumstances lead us to cancel an event, our liability shall be limited to a refund of any fees paid for that particular event. Glasstap Limited will not be held liable for any consequential loss.

Content of Event
The timetable and agenda for each event are provided as an outline only and we reserve the right to change event details without notice.

Whilst we have made arrangements for the specified speakers, trainers and/or facilitators to attend the event, we reserve the right to substitute these if, due to circumstances beyond our control, listed speakers, trainers and/or facilitators are unable to attend.

Views expressed by speakers, trainers and/or facilitators are their own. We will not be held liable for advice given, or views expressed, by any speaker, trainer and/or facilitator at an event or in any documentation provided to participants.

Photography
Please note that there may be a professional photographer and video production taking place during the event. You hereby consent to your photograph or a video being taken and us using any images of you in printed publications, on our Websites or any other medium for advertising, marketing, promotional or other commercial purposes and you understand the Websites can be seen throughout the world.

10. Other Conditions
(Applicable to Everyone)

If you are purchasing goods as a consumer these terms do not affect your statutory rights.

Price and Payment
The price of any goods or services will be as quoted on the Websites from time to time, except in cases of obvious error.

These prices exclude VAT and delivery costs, which will be added to the total amount due as set out on the Websites.

Unless otherwise stated in these terms our payment terms are 30-days. We reserve the right to charge you interest on late payments at the rate of 4% above Bank of England Base Rate.

If you order goods from the Websites for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

Please also note that you must comply with all applicable laws and regulations of the country for which the goods are destined. We will not be liable for any breach by you of any such laws.

Disclaimers and Limitations
The content of our Websites do not constitute advice and should not be relied upon in making or refraining from making, any decision. You agree to indemnify and hold Glasstap Limited and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against you arising out of your use of the Websites.

Our Websites are provided on an "as is" and "as available" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

To the extent permitted by law, Glasstap Limited will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of its Websites or any material or services purchased or downloaded from them. Reliance on information, material, or advice contained within Glasstap® shall be at your sole risk. Users of the Websites and material within them are encouraged to confirm information received with other sources, and to seek local qualified advice if embarking on any actions that could carry personal or organisational liabilities.

Glasstap Limited makes no warranty that the functionality of its Websites will be uninterrupted or error free, that defects will be corrected or that the Websites or the server(s) that make them available are free of viruses or anything else which may be harmful or destructive.

Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Glasstap Limited for death or personal injury as a result of the negligence of Glasstap Limited or that of its employees or agents.

The maximum Liability of Glasstap® arising in connection with the sale of goods or services, whether arising in contract or by reason of negligence of Glasstap®, its employees, its agents or otherwise will not exceed 12 months subscription fees or the total amount paid by you to Glasstap® (whichever is the lesser amount).

Where the goods are sold to a consumer the statutory rights of the customer are not affected by these terms.

Severability
If any of these terms and conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term or condition shall be severed and the remaining terms and conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

Copyright on the Websites
The contents of the Websites are protected by national and international copyright laws and other intellectual property rights. Glasstap Limited or other third party licensors are the owners of the intellectual property rights in all trademarks service marks trading and other names logos designs content drawings illustrations photographs videos graphics and/or software referred to or contained on our Websites. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from the Websites including but not limited to text, graphics, video, messages, code and/or software except for your own personal use, as permitted by any licence granted in these terms.

Termination
We reserve the right to immediately terminate the use of, or access to, the Websites at any time if we decide that you have breached these terms or any relevant law, rule or regulation or you have engaged in conduct that we consider to be inappropriate or unacceptable.

Links to Third Party Websites
Our Websites may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such website and you acknowledge and agree that Glasstap Limited is not responsible for the content or availability of any such sites.

Which Law Governs this Agreement
These terms and any claim based on use of information from these Websites shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.

Our Right to Vary these Terms and Conditions
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. If we do vary or amend these terms we will post any such variation or amendment on the Websites. You should therefore regularly visit these pages to review the then current terms and conditions.

Third Parties
No person who is not a party to these terms is entitled to enforce any of its rights, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.