Terms and Conditions of Use
Thanks for taking the time to learn about The Resilience Engine’s terms. It’s important stuff. This is where you’ll find information about how we protect your privacy, what you can and can’t do with the Resilience Engine and how we handle your information. If you still have questions after reading them, drop us a line at [email protected]
- Terms and Conditions of Use
- Accepting These Terms
- Other applicable terms
- Information About Us
- Changes to these Terms
- Changes to our site
- Accessing our site
- Resilience Engine Publications
- Accessing the Materials
- Intellectual property rights
- No reliance on information
- Limitation of our liability
- Digital Rights Management
- Third Party Links and Resources in our site
- Linking to our site
- Applicable law
- Trade marks
- Contact us
These terms were published on the 21st May 2018. They will take effect on the 25th May 2018.
InterpretationReferences 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).
DefinitionsIn 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 Engine 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.
Information About UsThe Resilience Engine is a leader in human resilience. We are a company registered in Scotland, with our registered office at The Green House, 41 St Bernard’s Crescent, EH4 1NR. Our company number is565482and our VAT number is 284 1852 84. We refer to ourselves as “we”, “us” or “our” in these Terms. We are a limited company.
Changes to our siteWe 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 the MaterialsYou 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.
DisclaimersThe 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. 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 informationThe 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.
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
- 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.
VirusesWe 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.