Terms and Conditions

Download PDF copy of Sales Acceleration Strategies Terms and ConditionsTERMS AND CONDITIONS

Please read these Terms and Conditions (“Terms”) carefully before entering into any
agreement with Sales Acceleration Strategies for services or using http://www.yihst.com/
(the “Website”) or http://www.salescollective.co.uk or
http://www.salesaccelerationstrategies.com or
http://www.salesaccelerationstrategies.co.uk
Sales Acceleration Strategies is a trading name of Sales Acceleration Strategies Limited
registered at Companies House under number 08529957 and at 3 Greenhow, Bracknell,
Berkshire, RG12 7RJ, and hereinafter referred to as “we”, “us” or “SAS” and “you” means the
user of the Website
By using the Website you have agreed to be bound by these Terms.
If you use training courses provided by Us, you should also refer to section B of these Terms.
If you use the online portal subscription service we provide ’the Sales Collective’ (the
“Portal”), you should also read carefully section C of these Terms.
SECTION A – ALL USERS OF THE WEBSITE
1. GENERAL TERMS AND CONDITIONS APPLYING TO ALL USE OF THE
WEBSITE
1.1 Before using the Website you acknowledge that you are
responsible for making back-up copies of all your data and
taking appropriate precautions against viruses, hacking and
other types of computer misuse.
1.2 Whilst we endeavour to ensure that the Website does not
contain any errors, defects, malfunction or corrupt data we do
not accept responsibility for any damage to or loss of data on
your network, computer system or server that results from the
download or use of the Website or any materials made
available via the Website (except for death or personal injury
caused by our negligence).
1.3 Access to the Website may be interrupted by reasons
without or outside of our control. We reserve the right to
suspend access to the Website for scheduled maintenance as
absolutely necessary but will endeavour to keep any disruption
by reason of planned maintenance to a minimum. There may
also be occasions when access to the Website is interrupted for
emergency maintenance or repairs or to carry out upgrades to
improve the performance or functionality of the Website and
the services offered via the Website.
1.4 You accept that you will not have a claim for breach of
contract against us in respect of such period(s) of unavailability.
You also acknowledge that we cannot be held responsible for
any delay or disruptions that are inherent in the operation of
the Internet and the World Wide Web, including viruses.
1.5 We shall not be liable to you for any of the following types
of loss or damage arising out of or in connection with your use
of the Website or any or content and/or facilities provided via
the Website :
(a) any loss of profits, loss of earnings, loss of anticipated
savings, goodwill or revenue;
(b) any loss or corruption of data; or
(c) any indirect or consequential loss.
(d) The exclusions and limitations of liability contained in this
section do not apply to :
(e) any loss or damage resulting from death or personal injury
caused by our negligence;
(f) loss or damages arising from our fraudulent
misrepresentation; or
(g) any other losses which may not be excluded or limited by
law.
1.6 Each provision of this Paragraph shall be construed
separately as between you and us. If any part is held by a court
to be unreasonable, inapplicable or unenforceable, then the
other parts shall still apply.
1.7 The receipt of the services is personal to you and you may
not transfer your rights to access the course materials or to
receive the services to another person unless we have
consented in writing to you doing so.
1.8 If any provision of these Terms becomes void or otherwise
unenforceable in whole or in part, the validity of the remainder
of these Terms shall not be affected.
1.9 If either we or you fail to enforce, or delay in enforcing, any
of our respective rights or remedies under these Terms, such
failure or delay shall not operate as an agreement to waive that
right or remedy, and shall not prevent us from exercising that
right or remedy in the future.
1.10 These Terms are governed by and shall be construed in
accordance with English law. Any dispute arising between us
under or in connection with these Terms shall be subject to the
non-exclusive jurisdiction of the English courts.
2. PURPOSE OF THE WEBSITE
2.1 We have designed and created the Website to provide you
with information insight and education, and as a medium to
provide online training whether through our Portal or
otherwise.
3. COPYRIGHT
3.1 The materials on this Website are protected by our and by
third party copyright and other intellectual property rights.
4. WHAT WE PROVIDE
4.1 We offer, through the Website and the Portal, training
services to individuals and to businesses to help them progress
and grow in whatever sales area they operate in.
4.2 We provide the Website to you without charge. As a
consequence of this we do not make any guarantee as to the
availability, performance or continued provision of these
services and reserve the right to modify or to terminate the
provision of all or any of the Website.
4.3 You agree not to use the Website:
(a) for any unlawful purposes;
(b) to transmit, store or communicate any material which is
obscene, offensive, blasphemous, pornographic, unlawful,
threatening, menacing, abusive, harmful (particularly to
minors), an invasion of privacy, defamatory, libellous, vulgar or
otherwise objectionable;
(c) to transmit, store or communicate any material which
infringes our or any other person’s copyrights, trademarks,
patents, moral rights or other intellectual property rights of any
nature;
(d) to transmit, store or communicate any material that
contains images, audio or video recordings, software or other
material protected by intellectual property laws (or by the
rights of confidentiality or privacy, where applicable) unless you
own or control the rights thereto and have received all
necessary consents and agreement in relation to any third
parties’ interest in the material;
(e) for commercial purposes including without limitation the
publishing or circulation of any promotion, or advertisement, or
the solicitation of funds or the sale or supply of goods or
services;
(f) to transmit, store or communicate any material which is
likely to have a detrimental effect on our or any other person’s
reputation;
(g) harvest content or IP addresses or transmit or communicate
any material which contains software viruses or any other files
or programs that may interrupt, destroy or limit the
functionality of this Website or server or any other computer or
that contains any unsolicited or unauthorised materials, chain
letters, junk mail, spam or similar;
(h) to transmit any material which is likely to cause harm to us
or anyone else’s computer systems, including but not limited to
any virus, code, worm, data or other routine purposely
designed to damage or cause any defect, error, malfunction or
corruption to any computer system;
(i) to restrict or in any way inhibit any person from using this
Website;
(j) to transmit, store or communicate any material which is
irrelevant to the subject matter;
(k) to transmit, store or communicate any material in breach of
the Computer Misuse Act 1990;
(l) to delete any author contributions, legal notices or
proprietary designations or labels in any file which is uploaded
or falsify the origin or source of the material which is
transmitted or communicated;
(m) to obtain, collect or store any personal data about any
visitors or users of the Website;
(n) If you post any comments or content on the Website you
grant us non-exclusive royalty free perpetual irrevocable right
and licence to reproduce, modify, edit, adapt, publish, translate,
distribute and display such materials in any and all media now
known or in future created throughout the world and authorise
others to do so. You further agree to irrevocably and
unconditionally waive all moral rights which you may have in
respect of any material posted by you on the website.
5. THIRD PARTY LINKS
5.1 From time to time we may provide links to third-party
websites, which may include links to sites owned by associated
companies of SAS. Any link (including without limitation any
links posted by other users of the Website) are provided for
your convenience only and are accessed at your own risk.
5.2 We are not responsible in any way for the content of any
third party website or for goods or services provided by the
operators of such websites, and, unless otherwise stated are
not responsible for and do not endorse or recommend any third
party website or its availability or contents or any agreement or
understanding you enter into with a third party through a third
party website.
5.3 If you choose to use any of the links provided, you should
ask for access to the terms and conditions and privacy
statement of the third party website. We do not accept any
liability for any loss, damage, expense, costs or liability
whatsoever incurred by you in respect of these third party
websites.
6. AMENDMENTS TO THESE TERMS
6.1 We reserve the right to amend these Terms from time to
time. When we make a change we will update this page of the
Website. If we do so, the updated version will be effective as
soon as it is uploaded on to this Website. The date of the last
revision to these Terms is provided at the end of the Terms. We
recommend that you visit this page each time you visit the
Website to ensure that you are aware of and are complying
with any changes that we have made to these Terms. If you
continue to use the Website you will be deemed to have
accepted those changes from the point at which these changes
come into effect.
7. GENERAL
7.1 These Terms are governed by and will be understood in
accordance with English law. The contract between us is
concluded in the English language. Any dispute arising between
us under or in connection with these Terms shall be subject to
the jurisdiction of the English courts.
7.2 These Terms, and any specification, quotation or similar
provide by us in writing constitute the entire agreement
between us in relation to the provision by us to you of the
Services, and they replace and supersede any prior
arrangements between us in relation to the Services.
7.3 You acknowledge that you are not relying on any verbal
statement made by us or any of our representatives with regard
to the Services other than those expressly set out in these
Terms. Nothing in this Paragraph shall exclude or restrict our
liability for fraud or fraudulent misrepresentation.
7.4 The agreement between us which is comprised of these
Terms is not intended to be for the benefit of any third party,
and shall not be exercisable by any other person under the
Contracts (Rights of Third Parties) Act 1999 or otherwise.
7.5 The continued use of the Website following any changes to
the Terms will mean that you accept such changes.
SECTION B – TRAINING COURSES
Terms applying if you appoint us to provide you with onsite
training.
These terms and conditions (‘Terms’) apply to the contract
between you and us when you instruct us to provide you with
training, whether at your place of business or at a third party’s
premises.
For the purposes of this section the following definitions apply:
‘course’ means the training course that you will be provided
with by us.
‘course fee‘ means the fee you must pay for the course.
‘services‘ means the products and services we supply to you
including; the Website, the online course materials you use on
the Website, any off-line materials we supply, our course leader
attending your business to provide the training consultancy and
any additional support provided before or after the course.
1. YOUR COURSE
1.1 Your course is a mixture of online tools, (or off-line course
materials) and information on the Website, together with
seminars held at your place of business or an alternative by our
representative(s) and where applicable one on one training
from us. The course is designed to help you to achieve the
business aims you have asked us to help you achieve.
1.2 Whether you pay a fee or not, you are not purchasing the
course itself. You are being licensed to use the course while you
are on the course. You cannot retain or keep the course. You
cannot give or sell the course or any of the learning materials to
anyone else. The course always remains the property of SAS.
2. QUALITY OF THE SERVICES
2.1 We will use reasonable skill and care in providing the
services to you. We do not make any commitment to you that
the content of the services will meet any specific requirements
that you have (except to the extent that your requirements
match the course description which is given in more detail on
the Website). We expect you to take reasonable care to make
sure that the course you have chosen will meet your needs.
2.2 We do not make any commitment to you that you will
obtain any particular result from your receipt of the services.
We do not warrant or guarantee or suggest that in undertaking
the course your business aims will be achieved.
2.3 All representations, warranties and/or terms and/or
commitments not expressly set out in these Terms (whether
implied by law, conduct, and statute or otherwise) are hereby
excluded to the maximum extent permissible at law.
3. COURSE FEE
3.1 You agree to pay us the course fee, (including VAT where
applicable), if a fee is required for the course. We will explain to
you the cost before the course commences, and in paying the
course fee you agree to the same, and these Terms.
4. PROVISION OF THE SERVICES
4.1 Technical Support: We will provide basic technical support
to you to help you to use our courses. We cannot provide
technical help that is not about using our services. We will use
reasonable skill and care in providing any technical support and
to ensure that this service is available to you, but we do not
guarantee uninterrupted availability of this technical support
nor do we guarantee that the technical advice provided by us
will resolve your technical problems.
5. YOUR RIGHT TO USE THE COURSE AND YOUR RELATED OBLIGATIONS
5.1 On payment of the course fee we grant to you a licence for
you to use the course for your own business’ use only. You can
only use the course while you are learning, and for a period
afterwards. You cannot retain indefinitely or keep the course,
and it is not yours to sell or give to anyone else outside of your
business.
5.2 You may not change, copy, reproduce, re-publish, upload,
post, transmit or distribute in any way any part of the course.
Any use of the course not permitted in these Terms is strictly
prohibited. Such use will constitute an infringement of either
our copyright or our other intellectual property rights, or the
copyright or other intellectual property rights.
6. YOUR RIGHT TO CANCEL THE COURSE
6.1 If you decide that you wish to cancel your enrolment, you
may do so provided that you tell us that you wish to cancel no
less than 30 days before the course date. Cancellations made
with less than 30 days’ notice before the course start date will
attract the full course fee.
6.2 If you are entitled to a refund of any course fee, this will be
paid to you within 30 days of the date of your cancellation.
6.3 You agree that you will lose your above right to cancel the
course and get a refund of any course fee you have paid if you
have started the course.
7. OUR RIGHTS TO STOP PROVIDING THE SERVICES TO YOU
7.1 We will make the course available to you on the times and
dates agreed until:
(a) you notify us in writing, by email or by telephone that you
have completed the course and no longer require access to the
services;
(b) we or decide that you have breached the Terms.
7.2 In any of the events above, we will withdraw your access to
the course. If you wish to use the services after your access to
the course has been withdrawn, you will need to contact us.
7.3 We reserve the right to stop providing the services to you
immediately if:
(a) you do not follow the way in which you are allowed to use
the course or the Website; or
(b) you act in such a way as to threaten, intimidate or otherwise
harass our staff or other clients.
7.4 If we exercise this right we will tell you by email or post or
telephone. If first communicated to you in person, we will
follow-up as above. We will then immediately withdraw your
access to the course.
8. COMPLAINTS
8.1 If you are not satisfied with any aspect of the services,
please set out your concerns in writing by email to
info@salesaccelerationstrategies.com
9. OUR LIABILITY TO YOU
9.1 We will not be liable if we cannot provide the services to
you because of an event beyond our reasonable control. Such
events include (but are not limited to) events such as fire, flood,
storm, strikes or other industrial action, failure of
telecommunications services, war, riot, or the actions of any
government or public body, failure or insolvency of SAS. If we
are prevented from providing the services by such an event, we
will take all reasonable steps to try to reinstate the provision of
the services to you as soon as is reasonably practicable.
9.2 In no event will we be liable for any loss of profit, loss of
earnings, loss of anticipated savings, loss of revenue or loss of
goodwill that you may suffer arising from the use of or failure to
provide the services. In no event will we be liable to you for any
indirect or consequential loss that you may suffer.
9.3 We are not liable for any data that you lose either as a result
of attending the course or during completion of any course on
the website. It is your responsibility to ensure that you regularly
save and back up all data which you hold on the computer from
which you are accessing the course.
9.4 Except where the above applies, our maximum aggregate
liability for any claim that you may have against us in
connection with the provision by us (or the service provider) to
you of the services, which is not otherwise excluded in these
Terms, (including without limitation where such claim arises as
a direct result of any negligent technical advice provided by us),
will be limited to the amount of the course fee which has been
paid.
9.5 The exclusions and limitations of liability contained in these
Terms do not apply to any loss or damage resulting from death
or personal injury caused by our negligence, loss or damages
arising from our fraudulent misrepresentation, or any other
losses which may not be excluded or limited by law.
10. PRIVACY AND DATA PROTECTION
10.1 We treat your privacy very seriously. The information,
which may include sensitive personal data that you provide to
us is subject to our Privacy Policy which is on the Website. It
sets out what information we store and what we use it for, and
who we can give it to. If you would like further details about the
information we collect and how it is used, please ask us. By
accepting these Terms you are also acknowledging and
accepting our Privacy Policy.
PART C – TERMS APPLYING IF YOU ENROL FOR OUR ONLINE PORTAL
SUBSCRIPTION
These Terms and conditions apply to the contract between us
and you when you subscribe to our online Portal.
Please read these Terms carefully before subscribing to our
online Portal service.
‘Portal’ means the online portal provided by us on the Website
for the purposes of providing ongoing training sales support and
insight to you.
‘services‘ means providing by us to you of access to our online
Portal subscription, including the content, videos, data
information and training material provided therewith.
‘subscription‘ means the ongoing agreement between us and
you under which we provide through the Portal ongoing
training materials, updates and support
‘subscription fee’ means the monthly fee you pay for your
subscription
By accessing our Portal you will be deemed to have accepted
these Terms
1. PORTAL SUBSCRIPTION
1.1 The services provided are a mixture of online software, tools
and information on the Website, and support from us. The
contents of the Portal are designed to provide you with training
and education in the relevant fields in accordance with your
requirements.
1.2 Whether you pay a fee or not, you are not purchasing the
Portal content, you are being licensed to use the content while
you are a subscriber paying the subscription fee. You cannot
give or sell the content to anyone else outside of your business.
The Portal content always remains our property.
2. PAYMENT OF THE SUBSCRIPTION FEE
2.1 You agree to make payment on or before the 1st day of each
month of the subscription fee as detailed to you at the outset of
your subscription.
2.2 If you miss a payment of the subscription fee we will send
you a reminder within 14 days which may incur an
administration charge equal to 15% of the monthly subscription
fee.
2.3 If you miss two payments of the subscription fee and either
are still outstanding within 14 days of your default we reserve
the right to terminate your subscription and halt the provision
of the services to you without further notice to you.
2.4 Overdue payments will attract late payment interest at 8%
per annum from the date of default
2.5 We reserve the right to increase the subscription fee but will
provide you with 3 months’ notice of any increase. If we notify
you of an increase in the subscription fee you may provide us
with notice to cancel your subscription, in writing, which will be
effective as from the end of the calendar month two months’
from the date you provide notice in writing
3. DURATION OF THE SUBSCRIPTION
3.1 SAS provide the services on a monthly basis, and in the first
six months of your subscription you may cancel the services at
any time by providing us notice in writing which will expire at
the end of the next calendar month after the notice is given.
3.2 After you have subscribed to the Portal for six months or
more, you must give us at least one months’ notice in writing of
cancellation of your services, which must end on the
anniversary of your Portal subscription.
4. QUALITY OF THE SERVICES
4.1 We will use reasonable skill and care in providing the
services to you. We do not make any commitment to you that
the content of the services will meet any specific requirements
that you have (except to the extent that your requirements
match the Portal description which is given in more detail on
the Website).
4.2 We do not make any commitment to you that you will
obtain any particular result from your receipt of the services.
4.3 All representations, warranties and/or terms and/or
commitments not expressly set out in these Terms (whether
implied by law, conduct, and statute or otherwise) are hereby
excluded to the maximum extent permissible at law.
5. USERNAME AND PASSWORD DETAILS
5.1 When you register to use the Portal you will be given a
unique username and password, which you must keep
confidential.
5.2 You will be responsible for all activities that occur under
your user name and password. You must not allow anyone else
to use your username and password. You must tell us
immediately of any unauthorised use of your user name or
password or if you believe that your user name or password are
no longer confidential.
5.3 We reserve the right to require you to alter your username
and password if we believe that they are no longer secure. We
will never email you or ask you on the phone for your password.
If anyone asks you for your password you must tell us
immediately.
6. YOUR RIGHT TO USE THE PORTAL AND YOUR RELATED OBLIGATIONS
6.1 On payment of the subscription fee we grant to you a
monthly licence for you to use the Portal for your own business’
use only. You can only use the Portal while you are paying the
subscription fee. You cannot ‘keep’ the services, and they are
not yours to sell or give to anyone else.
6.2 You may make copies of sections of the services as they
appear on the Portal if you need to while you are doing the
course for your own use only. You may print for your personal
use only as many pages of the course on the Portal as are
reasonable for your own training purposes.
6.3 You may not change, copy (except as permitted above),
reproduce, re-publish, upload, post, transmit or distribute in
any way any part of the services. Any use of the services not
permitted in these Terms is strictly prohibited. Such use will
constitute an infringement of either our copyright or our other
intellectual property rights, and will result in the immediate
termination of your Portal subscription.
7. YOUR RIGHT TO CANCEL THE SUBSCRIPTION
7.1 If you change your mind within 14 days of subscription,
please contact us by email at
info@salesaccelerationstrategies.com to let us know and we
will cancel your subscription. If you are entitled to a refund of
any subscription fee, this will be paid to you within 30 days of
the date of your cancellation.
7.2 You agree that you will lose your right to cancel the
subscription and get a refund of any course fee you have paid if
you have started using the course.
8. OUR RIGHTS TO STOP PROVIDING THE SERVICES TO YOU
8.1 We will make the Portal available to you via the Website
from the start of your subscription until either;
(a) you give notice in accordance with clause 7;
(b) you stop paying your subscription fee;
(c) you act in such a way as to threaten, intimidate or otherwise
harass our staff;
(d) we decide that your actions have breached these Terms; or
(e) we are unable to continue to provide the services or access
to the Portal.
8.2 In any of the events above, we will withdraw your access to
the Portal. If you wish to use the services after your access to
the Portal has been withdrawn, you will need to subscribe
again.
9. COMPLAINTS
9.1 If you are not satisfied with any aspect of the services,
please set out your concerns in writing by email
to info@salesaccelerationstrategies.com
9.2
10. OUR LIABILITY TO YOU
10.1 We will not be liable if we cannot provide the services to
you because of an event beyond our reasonable control. Such
events include (but are not limited to) events such as fire, flood,
storm, strikes or other industrial action, failure of
telecommunications services, war, riot, or the actions of any
government or public body, failure or insolvency of SAS. If we
are prevented from providing the services by such an event, we
will take all reasonable steps to try to reinstate the provision of
the services to you as soon as is reasonably practicable.
10.2 In no event will we be liable for any loss of profit, loss of
earnings, loss of anticipated savings, loss of revenue or loss of
goodwill that you may suffer arising from the use of or failure to
provide the services. In no event will we be liable to you for any
indirect or consequential loss that you may suffer.
10.3 We are not liable for any data that you lose either as a
result of accessing the course or during completion of any
course on the Portal or our website. It is your responsibility to
ensure that you regularly save and back up all data which you
hold on the computer from which you are accessing the Portal.
10.4 Except where the above applies, our maximum aggregate
liability for any claim that you may have against us in
connection with the provision by us (or the service provider) to
you of the services, which is not otherwise excluded in these
Terms, (including without limitation where such claim arises as
a direct result of any negligent technical advice provided by us),
will be limited to the amount of the course fee which has been
paid.
10.5 The exclusions and limitations of liability contained in
these Terms do not apply to any loss or damage resulting from
death or personal injury caused by our negligence, loss or
damages arising from our fraudulent misrepresentation, or any
other losses which may not be excluded or limited by law.
11. PRIVACY AND DATA PROTECTION
11.1 We treat your privacy very seriously. The information,
which may include sensitive personal data that you provide to
us is subject to our Privacy Policy which is on the Website. It
sets out what information we store and what we use it for, and
who we can give it to. If you would like further details about the
information we collect and how it is used, please ask us. By
accepting these Terms you are also acknowledging and
accepting our Privacy Policy