Terms and conditions

Welcome to the website and Knowledge Management Platform (KMP) Terms and Conditions for use.

These Terms and Conditions apply to the use of this Website and our KMP.

By accessing this Website or the KMP you agree to be bound by these Terms and Conditions to the extent that they apply to your use of the Website and KMP.

Using this website or the KMP indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, do not use this Website or the KMP.

The copyright for this website is owned by Wicked OWL who are also licensees of the KMP.

The Website is operated by us, Wicked OWL

  • a company registered in England and Wales
  • company number: 09785087
  • registered address: South Lodge, Norton, Bromyard HR7 4PJ
  • contact telephone number: 01885 788375
  • Contact email: ian.bell@wickedowl.co.uk

The KMP is operated by Crawford & Company, a Georgia corporation, at 1001 Summit Boulevard, Atlanta, Georgia 30319.

1

Introduction

1.1

You will be unable to access many areas of this Website or KMP without registering your details with us. Certain areas of this Website and KMP are only open to you if you register.

1.2

We may revise these terms and conditions at any time by updating this posting. You should check this Website and check the date of these terms

and conditions which appears at the top of this page, to ensure you are familiar with the terms of use because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website or the KMP. If you do not wish to accept any new terms and

conditions after we have given notice, you should not continue to use this Website.

2

Buying a Training Course

2.1

By confirming your order and making payment through the KMP you are deemed to have purchased the course.

2.2

Due to the nature of the delivery of the material we are unable to make refunds once you have access the course material for the first time.

3

Cancellation

3.1

If you wish to cancel your order you must;

3.1.1

notify us by email that you wish to cancel the instruction;

3.2

Please note that once we have received your payment and you have accessed the course material you shall not be entitled to a refund. The provisions of this clause do not affect your statutory rights.

4

License

4.1

You are permitted to print and download extracts from this Website and KMP solely for your own use on the following basis:

(a)

no documents or related graphics on this Website and KMP are modified in any way;

(b)

no graphics on this Website and KMP are used separately from accompanying text; and

(c)

any of our copyright and trade mark notices and this permission notice appear in all copies.

4.2

Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website and KMP (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website and KMP other than in accordance with clause 4.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website and KMP automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website and KMP.

4.3

Subject to clause 4.1, no part of this Website and KMP may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

4.4

Any rights not expressly granted in these terms are reserved.

5

Service Access

5.1

While we endeavour to ensure that this Website and KMP is normally available 24 hours a day, we will not be liable if for any reason this Website and KMP is unavailable at any time or for any period.

5.2

Access to this Website and KMP may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

6

Visitor Material and Conduct

6.1

Other than personally identifiable information, which is covered under the Privacy Policy displayed on our website, any material you transmit or post to this Website and KMP will be considered non-confidential and non- proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

6.2

You are prohibited from posting or transmitting to or from this Website or KMP any material:

(a)

that is threatening, defamatory, obscene, indecent, seditious, 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;

(b)

for which you have not obtained all necessary licences and/or approvals;

(c)

which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or

(d)

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).

6.3

You may not misuse the Website or KMP (including, without limitation, by hacking).

6.4

We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 6.2 or 6.3.

7

Links To and From Other Websites

7.1

Links to third party websites on this Website and KMP are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

7.2

If you would like to link to this Website and KMP, you may only do so on the basis that you link to, but do not replicate, the home page of this Website and KMP, and subject to the following conditions:

(a)

you do not remove, distort or otherwise alter the size or appearance of our logo;

(b)

you do not create a frame or any other browser or border environment around this Website or KMP;

(c)

you do not in any way imply that we are endorsing any products or services other than our own;

(d)

you do not misrepresent your relationship with us nor present any other false information about us;

(e)

you do not otherwise use any trade marks displayed on this Website without our express written permission;

(f)

you do not link from a website that is not owned by you; and

(g)

your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

We expressly reserve the right to revoke the right granted in this clause 7.2 for breach of these terms and to take any action we deem appropriate.

7.3

You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 7.2.

8

Registration

8.1

You may register to use the website and KMP

8.2

Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

8.3

You must treat your username, password and any other account security

information as confidential, and you must not disclose it to any third party. You are responsible for all uses of your username and password, whether or not authorised by you, unless we are at fault for a breach of confidentiality in respect of your username and password.

8.4

Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.

8.5

We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

9

Disclaimer

9.1

While we endeavour to ensure that the information on this Website and KMP is correct, we do not warrant the accuracy and completeness of the material on this Website or KMP. We may make changes to the material

on this Website or KMP, or to the products and prices described in it, at any time without notice. The material on this Website or KMP may be out of date, and we make no commitment to update such material.

9.2

The material on this Website or KMP is provided, as is, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website and KMP on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website and KMP.

10

Liability

10.1

We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website and KMP), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website or KMP, any websites linked to this Website or KMP or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from this Website or KMP or any websites linked to this Website or KMP.

10.2

Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

10.3

If your use of material on this Website or KMP results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

10.4

You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

10.5

For orders made via this Website and KMP we will not be liable to you in contract, tort (including, but not limited to negligence), misrepresentation or otherwise for any economic loss of any kind (including, but not limited to loss of profit, business, goodwill, contracts, revenue or anticipated savings), any damage to your reputation or goodwill, any product recall costs or any other special, indirect or consequential loss (whatsoever or howsoever caused) which arise out of or in connection with the contract.

10.6

Subject to the provisions in this clause 10, our total liability in contract, tort (including, but not limited to negligence), misrepresentation or otherwise arising in connection with errors, omissions or mis-statements will be limited to the price paid on the individual order made by you.

11

Governing Law and Jurisdiction

11.1

These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.

11.2

We do not warrant that materials/items for sale on the Website or KMP are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website or KMP from territories where its contents are illegal or unlawful. If you access this Website or KMP from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

12

Miscellaneous

12.1

You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

12.2

If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

12.3

Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.