Terms and Conditions of Use

1. Introduction

1.1 These terms and conditions shall govern your use of our website at training-manuals.co.uk (including website functionality made available via https://tmc.myprintdesk.net).

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you make a purchase on our website, we will ask you to expressly agree to these terms and conditions.

1.4 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

1.5 We will help you to protect your intellectual property. Any works and materials that you submit to us for incorporation into any product or for use in connection with the creation of any product will be stored securely on our servers and will not be accessible by any other customer of ours.

2. Copyright notice

2.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3. Licence to use website

3.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(d) use our website services by means of a web browser, subject to the other provisions of these terms and conditions.

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3 You may only use our website for your own business purposes, and you must not use our website for any other purposes.

3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

3.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4. Acceptable use

4.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f) violate the directives set out in the robots.txt file for our website; or

(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

4.3 You must use reasonable endeavours to ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5. Products

5.1 The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.

5.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

5.3 Prices stated on our website may be stated incorrectly.

5.4 The sale and purchase of products through our website will be subject to terms and conditions of sale, and we will ask you to agree to the terms of that document each time you make a purchase on our website.

6. Registration and accounts

6.1 You may register for an account with our website before or during the checkout process.

6.2 You must not allow any other person to use your account to access the website.

6.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.4 You must not use any other person’s account to access the website.

7. Passwords

7.1 You must keep your password confidential.

7.2 You must notify us in writing immediately if you become aware of any disclosure of your password.

7.3 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8. Cancellation and suspension of account

8.1 We may:

(a) suspend your account;

(b) cancel your account; and/or

8.2 You may cancel your account on our website by sending to us a written account cancellation request.

9. Your content: licence

9.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images and files) that you submit to us or our website, including works and materials that you submit for incorporation into any product or for use in connection with the creation of any product.

9.2 You grant to us a worldwide, non-expiring, non-exclusive, royalty-free licence to reproduce, store and, with your specific consent, publish your content on and in relation to this website for the following purposes:

(a) providing services to you; and

(b) maintaining back-up copies of our database.

9.3 You grant to us the right to sub-license the rights licensed under Section 9.2 to our infrastructure and hosting services providers and other third parties, subject to the restrictions therein.

9.4 You may edit your content to the extent permitted using the editing functionality made available on our website.

9.5 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

10. Your content: rules

10.1 You warrant and represent that your content will comply with these terms and conditions.

10.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; or

(o) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory.

10.4 Your content must conform with the guidelines for the same published on our website from time to time.

10.5 If we so request, you must supply to us satisfactory written evidence that a relevant third party copyright owner has granted you the right to supply your content to us and to grant to us the rights to use your content in accordance with these terms and conditions.

10.6 You hereby indemnify us and undertake to keep us indemnified against any liabilities, damages, losses, costs and expenses (including legal expenses) that are suffered or incurred by us and arise out of any breach by you of the provisions of this Section 10.

11. Limited warranties

11.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

12. Limitations and exclusions of liability

12.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law.

12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a) are subject to Section 12.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

12.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

13. Breaches of these terms and conditions

13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website.

13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

14. Third party websites

14.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

14.2 We have no control over third party websites and their contents, and subject to Section 12.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

15. Trade marks

15.1 THE TRAINING MANUAL COMPANY, TRAINING-MANUALS.CO.UK, LAKES DESIGN & PRINT, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

15.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

16. Variation

16.1 We may revise these terms and conditions from time to time.

16.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

17. Assignment

17.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

17.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

18. Severability

18.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

18.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

19. Third party rights

19.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

19.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

20. Entire agreement

20.1 Subject to Section 12.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

21. Law and jurisdiction

21.1 These terms and conditions shall be governed by and construed in accordance with English law.

21.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

22. Personal data processing

22.1 You warrant to us that you have the legal right to disclose all personal data that you do in fact disclose to us under or in connection with these terms and conditions, and that the processing of that personal data by us in accordance with these terms and conditions will not breach the applicable data protection laws.

22.2 In respect of personal data comprised in account data that you supply to us, we shall be the data controller and we will treat all such personal data in accordance with our privacy policy; in respect of other personal data that you supply to us (“customer personal data”), you shall be the data controller and we shall be the date processor, and the following provisions of this Section 22 shall apply in respect of that customer personal data.

22.3 We shall process only the following types and categories of customer personal data under or in relation these terms and conditions: personal data comprised in your content and intended for incorporation into products.

22.4 We shall only process the customer personal data during the term of a contract made under our terms and conditions of sale and for not more than 30 days following the end of that term.

22.5 We shall only process the customer personal data on your documented instructions as set out in these terms and conditions and the terms and conditions of sale, including with regard to transfers of the customer personal data to a third country or international organisation. You hereby instruct us to transfer the data to our hosting services provider situated in the USA.

22.6 Notwithstanding any other provision of these terms and conditions, we may process the customer personal data if and to the extent that we are required to do so by applicable law. In such a case, we shall inform you of the legal requirement before processing, unless that law prohibits such information on important grounds of public interest.

22.7 We shall ensure that persons authorised to process the customer personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

22.8 We and you shall each implement appropriate technical and organisational measures to ensure an appropriate level of security for the customer personal data.

22.9 You hereby authorise us to appoint third party hosting services providers, as identified on our website. We must not engage any other third party to process the customer personal data without your prior specific or general written authorisation. In the case of a general written authorisation, us shall inform you at least 14 days in advance of any intended changes concerning the addition or replacement of any third party processor, and if you object to any such changes before their implementation, then we must not implement the changes. We shall ensure that each third party processor is subject to the same legal obligations as those imposed on us by this Section 22.

22.10 We shall, taking into account the nature of the processing, assist you by appropriate technical and organisational measures, insofar as this is possible, with the fulfilment of your obligation to respond to requests for exercising a data subject’s rights under the applicable data protection laws.

22.11 We shall assist you in ensuring compliance with the obligations relating to security of processing, notification of personal data breaches to the supervisory authority, communication of personal data breaches to the data subject, data protection impact assessments and prior consultation in relation to high risk processing under the applicable data protection laws.

22.12 We shall make available to you all information necessary to demonstrate our compliance with our obligations under the applicable data protection laws.

22.13 We shall, at your choice, delete or return all of the customer personal data to you after the provision of services relating to the processing, and shall delete existing copies save to the extent that applicable law requires storage of the relevant personal data.

22.14 We shall allow for and contribute to audits, including inspections, conducted by you or another auditor mandated by you in respect of the compliance of our processing of customer personal data with the applicable data protection laws and this Section 22.

23. Our details

23.1 Our full name is Lakes Design & Print Ltd trading as The Training Manual Company.

23.2 We are registered in England and Wales under registration number 04830039, and our registered office is at 108 Stricklandgate, Kendal, Cumbria, LA9 4PU.

23.3 Our principal place of business is at 7 Woodgate Park, White Lund Industrial Estate, Morecambe LA3 3PS.

23.4 You can contact us:

(a) by post, using one of the postal addresses given above;

(b) using our website contact form;

(d) by email, using the email address published on our website from time to time.

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