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Client and Licensee Terms of UseThese Client and Licensee Terms and Conditions are applicable to those
dealing directly with The Gautrey Group and those who purchase the right
to provide their clients with access to content on this website. These
terms are supplementary to the Terms of Use
which relate to the use of this website.
- Definitions
- "Supplier" — The Gautrey Group, First Floor, 85 Great Portland Street,
London, W1W 7LT, United Kingdom. The Supplier runs this website
and the supply of Products and Services owned or licensed
by The Gautrey Group.
- "Content" — any information or process delivered
to an internet browser from a website and including any information
printed by the User.
- "Supplier Content" — any Content that is
owned or licensed by the Supplier as indicated by the presence
of the Supplier copyright notice towards to bottom of each
page of Content.
- "Licensee" — an individual or organisation who
has entered into a contract with the Supplier to provide Users
with access to Supplier Content.
- "Lead Licensee" — an individual or organisation
who provides access to Supplier Products and/or Services
to other Licensees.
- "User" — any individual who accesses Supplier
Content including Licensees.
- "Order" — written or email request from a Client
or Organisation for the delivery of Products or Services.
- "Organisation" — any organisation that agrees to
provide its staff with Products and/or Services developed by
the Supplier, such staff thereafter will be regarded as Clients.
- "Delivery Date" — the date agreed when the Product
or Services will be provided to a Client or in the case
of Clients introduced via a Licensee, the date on which
they first access the Product or Services.
- "Client" — any individual who receives or agrees
to receive Products and/or Services developed by the Supplier.
- "Full Charge" — the amount agreed between the Client
or Organisation for the provision of Products or Services
including expenses and VAT.
- "Mentoring Intervention" — a specific offering
provided by the Supplier as described on its Website.
- "Products and/or Services" — the standard market
offerings of the Supplier and any derivative of these.
- "Website" — any website owned and/or managed by
the Supplier for the delivery of its Products and Services.
- Scope
- These terms and conditions are intended to apply to all individuals
and organisations who deal directly with the Supplier and/or
purchase the right to provide Products and/or Services
to their Clients.
- These conditions are in addition to the Terms of Use which relates
to any individual or organisation which makes use of our Websites.
- Content
- The Content of Supplier Products and Services are
intended for guidance only. Users and Clients are responsible
for interpreting the guidance as it relates to their own individual
circumstances.
- The entire Content of Supplier Products and Services
(including but not limited to text, graphics and diagrams) is protected
by copyright that is owned by the Supplier. You must not reproduce
or disseminate any content without the express permission of the Supplier.
- In all circumstances, the Supplier will retain ownership
of all Intellectual Property relating to its Products and Services.
Where a Product or Service has been modified at the request
of a Client, the Supplier will own all Intellectual
Property Rights except where the modification relates specifically
to the Client or Organisation.
- Access to Website Content agreed at the time of Order
is provided to individual Clients for a period of one year
from commencement of Product or Service delivery. This will
be withdrawn if the agreed fees are not paid on time.
- Content is provided to each individual Client or Licensee
on the understanding that they do not allow any other individual to
access the Content. Content may be withdrawn if on reasonable
grounds the Supplier believes that the Client or Licensee
has failed to observe this condition. Furthermore, should a Licensee
fail to adhere to these conditions, Content may be withdrawn
from Clients introduced by the Licensee at the Supplier's
discretion.
- The Supplier does not provide any guarantee that the site
will be accessible to any User.
- Licensee Terms
- Nothing in this agreement will be deemed to create any partnership
or joint venture relationship between the Licensee and the
Supplier. The Licensee is independent of the Supplier
and is not a legal representative or agent of the Supplier
for any purpose and has no right or authority to obligate the Supplier
unless expressly permitted within this agreement.
- The Licensee does not have nor will acquire any right, title
or interest in or to the Supplier's trade marks or intellectual
property.
- The Licensee will take all reasonable actions to protect
the intellectual property of the Company and will alert the
Supplier immediately to any potential infringements of its
intellectual property rights.
- Licensees are not permitted to present themselves as associates
or accredited consultants of the Supplier unless they have
been given specific permission by the Supplier.
- Specifically the Licensee is not permitted to copy or allow
to be copied any Content without the express permission of
the Supplier.
- Failure on the part of the Licensee to adhere to these terms,
and in particular the payment of fees will, at the discretion of the
Supplier, result in the Licensee's Clients being refused
access to Content.
- Licensees who operate under a Lead Licensee are only
permitted to give access to Clients in relation to the Lead
Licensee's business unless they purchase the right to operate
as a Licensee in their own right.
- The Supplier will provide Lead Licensees with management
information concerning the activities of their Licensees.
- The Supplier will not solicit business from any Client
introduced by the Licensee whilst these terms are in force
and for a period of twelve months following written notification by
the Supplier to the Licensee that this agreement has
been terminated. Communication within that time will be restricted
to the maintenance of the relevant Product or Service and to
gain feedback concerning the quality and performance of the Product
or Service and/or terms of this agreement.
- The Supplier may terminate this agreement at any time by
providing notice in writing to the Licensee. The Supplier
will not unreasonably withdraw this agreement and will in any event
be mindful of the work progress for the Licensee.
- Orders
- The Supplier will take Orders for Products and/or
Services from any Client, Licensee or Organisation
where it believes that value can be delivered.
- All Orders and Delivery Dates must be agreed in writing
or email between the Client, Licensee or Organisation
and the Supplier. In the case of Licensees, Orders
are managed by online facilities and an Order is deemed to
have been agreed when either the Licensee makes such Orders
online, or when the Client first accesses the Product and/or
Service.
- Cancellation
- Cancellation of Ordered Products or Services by the Client
or Organisation will incur a charge based on the period of
notice given before the Delivery Date on the following basis
- One calendar month of more notice — no charge.
- More than two weeks but less than one month — 50% of the Full
Charge.
- Less than two weeks — 100% of the Full Charge.
- If a Client wishes to cancel a Mentoring Intervention
following the first session they will incur a charge of 50% of the
Full Charge if the Supplier is notified within 48 hours
of the completion of the first session.
- If a Client wishes to change the Delivery Date of
an individual Mentoring Intervention session and less than
48 hours notice is given a charge equal to 20% of the Full Charge
will be made at the discretion of the Supplier.
- Once a Client has accessed a Product or Service via
a Licensee, cancellation is not permitted.
- Fees and Payment
- All fees will be agreed between the Supplier and the Client,
Licensee or Organisation before an Order is placed.
- All fees agreed for Products and Services will be payable
in full 30 days after the Delivery Date.
- In the case of Mentoring Interventions, 50% of the Full
Charge less expenses becomes due within 30 days of the first session
and the balance will be due 30 days after the final session. Where
the Client is an individual rather than an Organisation,
50% of the Full Charge is due before the second session.
- Fees due from Licensees will be reconciled and invoiced on
a monthly basis.
- All fees agreed will be exclusive of VAT and expenses and should
be remitted in Sterling unless otherwise stated.
- Refunds are at the discretion of the Supplier.
- Privacy
- The Supplier is fully compliant with the Data Protection
Act 1998 (Registration Number Z2094327).
- Personal information collected via our Websites will only
be used to continue to improve to quality of our Products and Services
and will not be disclosed to any third party whatsoever.
- Where a Client has been introduced to a Product or Service
by a Licensee, the Licensee will be given access
to the outputs from these Products or Services and the browsing
history of the Client to enable the Licensee to provide
value in the delivery of the Product or Service to the Client.
Personal information will not be made available to the Licensee.
- Warranties and Liabilities
- THE SUPPLIER CANNOT ACCEPT LIABILITY TO YOU FOR ANY LOSS
OF INCOME OR PROFITS, DISAPPOINTMENT, INDIRECT OR CONSEQUENTIAL LOSS
OR DAMAGE ARISING OUT OF ANY PROBLEM IN RELATION TO THE SUPPLIER
WEBSITES, THE PRODUCTS AND SERVICES OFFERED OR ANY INTERPRETATION
MADE OF ANY GUIDANCE PROVIDED BY THE SUPPLIER WHICH WAS NOT
WITHIN OUR CONTEMPLATION. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS
AS A CONSUMER, NOR IS IT INTENDED TO EXCLUDE OUR LIABILITY FOR FRAUDULENT
MISREPRESENTATION OR ANY LOSSES CAUSED BY A BREACH ON THE PART OF
THE COMPANY.
- THE SUPPLIER DOES NOT WARRANT THE ACCURACY, COMPLETENESS
OR USEFULNESS OF ANY INFORMATION CONTAINED ON SUPPLIER WEBSITES
OR PRODUCTS AND SERVICES. THE SUPPLIER DOES NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN COMPANY WEBSITES OR PRODUCTS
AND SERVICES WILL BE UNINTERRUPTED, ERROR FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THE MATERIAL, SUPPLIER WEBSITE OR THE
SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR THEIR HARMFUL
COMPONENTS.
- Miscellaneous Terms
- Supplier Websites contain links to websites not owned or
controlled by the Supplier. THIS DOES NOT IMPLY ENDORSEMENT,
WARRANTY OR LIABILITY BY THE SUPPLIER. USE OF THESE SITES IS
ENTIRELY AT THE RISK OF THE USER, LICENSEE OR CLIENT.
- No User may link to any page on any Supplier Website except
the home page, without the express permission of the Supplier.
We encourage reciprocal links that can provide additional value and
interest to our users. If you wish to link to any Supplier Website,
please contact the Supplier.
- The Client, Licensee or Organisation agrees
that by becoming a Client of the Supplier, the Supplier
may place the Clients company name and logo on its Website.
- The Supplier will seek feedback from each individual Client
directly regarding the delivery of Products and Services.
- THESE TERMS AND CONDITIONS WILL BE REGARDED AS ACCEPTED BY THE CLIENT,
LICENSEE OR ORGANISATION ON RECEIPT OF AN ORDER. IN THE
CASE OF USERS ACCEPTANCE IS A CONDITION OF VISITING ANY SUPPLIER
WEBSITE.
- The Supplier reserves the right to alter these Terms and
Conditions at any time. In the case of Users, any change will
take place immediately. Clients, Licensees and Organisations
will be provided with 30 days notice of any change.
- These Terms and Conditions do not override any
seperate agreements reached between the Supplier and Clients,
Licensees and Organisations where such agreements have
been confirmed in writing by the Supplier.
- These Terms and Conditions will apply from 1st November 2008 and
are governed by the laws of England and Wales.
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