Terms and Conditions of Use

Welcome to the Resilience Dynamic. We’re so glad you are here. Enjoy looking around our website, but please follow our rules, our ‘Terms’. These Terms (together with the documents referred to in it) tells you the terms of use on which you may make use of our website https://resiliencedynamic.com (our site). Use of our site includes accessing, browsing, or registering to use our site.

These terms were published on the 21st May 2018.
They will take effect on the 25th May 2018.

Accepting These Terms

The Terms are a legally binding contract between you and the Resilience Dynamic Limited. Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.If you do not agree to these terms of use, you must not use our site.
This contract sets out your rights and responsibilities when you use resiliencedynamic.com and any of the Materials available via our website and communication.

Interpretation

References to “include” and “including” shall be deemed to mean respectively “include(s) without limitation” and “including without limitation”.
Except as expressly stated in these Terms, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.

You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms to any person.
We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

These Terms are not enforceable by any person who is not a party to it. This means that you and we are the only people who can enforce these Terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If you are a consumer, please note that these Terms are governed by the Scots Law. This means a contract for the download of the Materials through our site and any dispute or claim arising out of or in connection with it will be governed by Scots law. You and we both agree to that the courts of Scotland will have non-exclusive jurisdiction. However, if you are a resident of England or Wales you may also bring proceedings in England or Wales respectively, and if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland.

If you are a business, a contract made between us and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Scots law.

If you are a business, we both irrevocably agree that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a contract or its subject matter or formation (including non-contractual disputes or claims).

Definitions

In these Terms, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean:

“Toolkit” or “Guide” mean our online or blended service(s) sold on our site in relation to the Resilience Dynamic resilience research, covering the insights and how to apply them to different populations within organisations such as staff, managers and leaders and which consist of the Materials.

“Programmes” mean any masterclass, workshops, blended programmes of workshops and/or online Guides or Toolkits.

“Materials” means any documents, images, text, videos, electronic files or any other materials which are provided in connection with the products available from our site.
“Contact Information” means your name, email address and possibly further contact information such as phone numbers and address.

Other applicable terms

Our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Our Cookie Policy which sets out information about the cookies on our site.

Information About Us

The Resilience Dynamic is a leader in human resilience. We are a company registered in Scotland, with our registered office at 7 Redford Crescent, Edinburgh, EH13 0BR. Our company number is SC810126 and our VAT number is 473 3477 71. We refer to ourselves as “we”, “us” or “our” in these Terms.

We are a limited company.

Changes to these Terms

We may revise these Terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Changes to our site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms of use and other applicable terms and conditions, and that they comply with them.

Resilience Dynamic Publications

For all individual client, corporate client, partner, collaborator and/or associate of the Resilience Dynamic and any contributor to the Resilience Dynamic research or member of the Resilience Dynamic Community of Practice are included in the extension service The Resilience Dynamic Publications. These Publications are considered part of the Materials offered through this site.

To receive these publications directly, the Resilience Dynamic will use the Contact Information we hold about you. You must treat the Contact Information as confidential, and you must not disclose them to any third party. You represent and warrant that all Contact Information you provide to us during this sign up process and at all other times will be true, accurate and comprehensive and you agree to maintain the accuracy of such information at all times.
You may opt out of receiving The Resilience Dynamic Publications emails at any time via the Opt Out button on the emails sent.

We may process the information that we collect about you during the publication sign up process n and otherwise during your use of our site in accordance with our Privacy Policy.

Accessing the Materials

You may view, download and print any Materials relating and information made available to you through our site subject to the following conditions:

you may not allow other people (including other people within your organisation) to use your Contact Information or otherwise access the Materials;
you may not use the Materials to provide any services of any kind to any other person (including other people within your organisation);
the Materials shall not be reproduced or included in any other work or publication in any medium;
the Materials may not be modified or altered in any way;
the Materials may not be distributed or sold to any third party for any purpose; and
you may not remove any copyright or other proprietary notices contained in the Materials.
You are responsible for making all arrangements necessary and purchasing any equipment or software required to enable you to access our site and our Materials. In particular, you will be responsible at your own cost for obtaining your own copy of the computer program, up to date internet browser software and any other software required to enable you to view or download the Materials.
We do not warrant that our site, the Materials, or your access to them, will always be available or be uninterrupted or error-free, that defects will be corrected, or that our site, Materials or the server that makes them available are free of viruses or other harmful components.

Intellectual property rights

For the purposes of these Terms of use “Intellectual Property Rights” shall mean but not be limited to trademarks and service marks, trade names and business names, rights in goodwill, rights in designs, copyrights (including copyright in artistic, literary, dramatic, musical or other works and photographs), patents, rights in inventions, database rights, rights in know-how, confidential information and trade secrets and all other intellectual property rights (whether or not any of these is registered and including applications for registrations and rights to apply for registrations) and all rights and forms of protection of a similar nature or having equivalent effect to any of these which may subsist anywhere in the world.

All Intellectual Property Rights in and to our site and the Programmes, Toolkits and Guides are owned by us and shall remain owned by us or our licensors.
We hereby grant you a personal, non-exclusive, limited licence to access and use our site in accordance with these Terms of use.

Save as expressly permitted herein, any other use of the Toolkits or Guides or Programmes and any copying, reproduction, modification, distribution, sale or any other use of any Toolkit or Guide or Programme for any purpose shall be a breach of these Terms of use. Without prejudice to any other rights or remedies that we may have in relation to such a breach, if you print off, copy or download any part of the Materials in breach of these Terms of use you must, at our option, return or destroy any copies of the Materials you have made.

On downloading the Materials from our site, you own the medium on which the Materials are recorded, but we do not transfer title to such Materials to you and we retain full and complete title to the Materials and all Intellectual Property Rights therein. You must not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce any software contained in the Materials to human-readable form.

You acknowledge that all Intellectual Property Rights in and to the names “The Resilience Dynamic”, “lifetimeswork” and “life x work ltd” and any associated logos (the “Marks”) are and shall remain owned by us and that all goodwill accruing in the Marks shall accrue to and be owned by us.

Disclaimers

While we endeavour to update and ensure that the information contained in the Toolkits and Guides and on our site is correct, we make no representations, warranties or guarantees, whether express or implied, as to the accuracy, completeness, currency or reliability of any of them.

You are at all times responsible for assessing the appropriateness of using the Toolkits, Guides or Programmes and must consider your personal health and physical suitability before using the same. You must consult a doctor if you are in doubt about your physical suitability.

We will not be held responsible for any injury, loss or damage resulting from use of the Toolkits or Guides or Programmes. We are also not responsible for providing advice on the health and safety requirements or precautions which should be observed when using the Toolkit, Guide or Programme. You must ensure that you comply with the health and safety guidelines provided with the products or equipment that you are using.

No reliance on information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Limitation of our liability

Nothing in these Terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Scots law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, our site; or
use of or reliance on any content displayed on our site.

Please note that in particular, we will not be liable for:

loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Digital Rights Management

We may, in our sole discretion, use software, digital rights management tools, electronic watermarks, cookies, web beacons, tracking tools or services or any other similar tools or services that may be available from time to time (including where such tools are provided and operated by third parties) (collectively “DRM Tools”) together with any other information or data provided by you so as to enable us to monitor and keep records of the copying, downloading and use of the Materials for the sole purpose of enabling us to protect and enforce our Intellectual Property Rights in and to the Materials.
You acknowledge and agree that your right to access and use the Materials is conditional upon us being entitled to use the DRM Tools as described above and that the use of such DRM Tools is necessary to protect our legitimate interests. You must not, disable, circumvent or attempt to disable or circumvent any DRM Tool used by us.

Third Party Links and Resources in our site

Where our site contains links to third party sites and to resources provided by third parties (together “Other Sites”), those Other Sites are merely linked to provide information only and are solely for your convenience. We have no control over and do not accept responsibility for Other Sites or for the content or products of Other Sites (including, without limitation, relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party sites linked to our site, you do so entirely at your own risk.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of content on our site other than that set out above, please contact [email protected]

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

Applicable law

These Terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Scots law. We both agree to the exclusive jurisdiction of the courts of Scotland.

Trade marks

The Resilience Dynamic®, The Resilience Engine®, The Resilience House® are all trademarks of life x work limited.

Contact us

To contact us, please email [email protected].

Terms and Conditions of Use