Terms and Conditions

1                Introduction
1.1          www.advancetm.com is a website operated by Advanced Selling Skills Academy Limited (we or our). We are registered in England and Wales under company number 4413191 and with our registered office at c/o JWP Creers, Foss Place, Foss Islands Road, York, YO31 7JU. Our VAT number is 845 4709 06.
1.2          By placing an order through our site, you warrant that:
(a)           You are legally capable of entering into binding contracts; and
(b)           You are at least 18 years old.
1.3          Please read these terms and conditions carefully, as they contain important information about your rights and obligations. In particular, we draw your attention to clause 7 (Right of Cancellation), clause 8 (Security), clause 9 (Use of the Online Training Materials) and clause 15 (Limitation of Liability).
2                Definitions
2.1          In these terms and conditions the following words and phrases shall have the following meanings unless the context otherwise requires:

Additional Access means access to the Module on occasions during the twelve month period after the date of the Initial Access to reinforce your learning such right being provided by Advance free of charge;

Advance means Advance Selling Skills Academy Limited;

Confirmation means the confirmation of acceptance of your order as set out in clause 5.3;

Contract means these terms and conditions and the completed Registration Form;

Initial Access means the first occasion on which you access the Module;

Module means a module of the Online Training Materials which is purchased by a Customer.

Module Fee means the price paid by you to us for access to a Module as specified in the Registration Form;

Online Training Materials means the training materials on selling skills (including Modules) which are available on the Website and which can be accessed by you on payment of the Module Fee;

Registration Form means the registration form on the website that has been completed by you;

Website means Advance’s website at www.advancetm.com or such other URL as Advance may notify to you from time to time; and

you means the person named on the Registration Form.
3                Duration
3.1          In consideration of payment by you to use of the Module Fee, we grant to you a non-exclusive, non-transferable licence to use the Module and the Online Training Materials only as a training resource for your personal use only for the Initial Access.
3.2          Advance permits you without additional payment to have the Additional Access but the Additional Access will be withdrawn if this Contract is terminated in accordance with clause 17.
3.3          This licence to use the Online Training Materials and the Module is granted on the terms and conditions of this Contract.
4                Provision of the Online Training Materials
4.1          We warrant that:
(a)            we have a right to license the Online Training Materials and the Module to you; and
(b)            we will provide the Online Training Materials with reasonable skill and care.
4.2          We have used our reasonable endeavours to ensure that the Website complies with UK laws.
4.3          You are responsible for providing suitable computer hardware, software and telecommunications equipment and services necessary to access and use the Online Training Materials.
4.4          You are responsible for the acts and omissions in connection with the Online Training Materials and are liable for any failure to perform or observe the terms and conditions of this Contract, including your obligations set out in clause 11.
4.5          We reserve the right to vary the Online Training Materials from time to time by adding, removing or modifying the Online Training Materials as we think fit, and we do not guarantee or warrant that any particular item or items of Online Training Materials will be available at any given time.
4.6          Please note that although we try to ensure that the content of the Website, the Online Training Materials and the Modules are accurate, the Website, the Online Training Materials and the Modules may contain typographical errors or other inaccuracies.
5                How the contract is formed between you and us
5.1          After completing the Registration Form, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer and is not accepted until we issue the Confirmation of your order. Advance is entitled to refuse any order placed by you.
5.2          We will confirm acceptance of your order to you by sending you the Confirmation to the email address given to us by you on the Registration Form. We will provide the user name to you on Confirmation. [An invoice will be sent to you with the Confirmation if required.]
6                Payment and Charges
6.1          The Module Fee will be as set out in the Registration Form and on the Website. The Module Fee is payable immediately and is non refundable.
6.2          The Module shall not be made available to you until such time as the Module Fee has been paid.
6.3          You must pay by credit or debit card. The prices are exclusive of applicable taxes. Payment will be accepted in pounds sterling only.
6.4          The Module Fee is the price in force at the date and time of your order. We reserve the right to change the Module Fee before you place an order. We try to ensure that the Module Fees displayed on the Website are accurate but the Module Fee for your order will need to be validated by us as part of the acceptance procedure (see clause 5.1). We will inform you if the correct Module Fee is higher than that stated in your order. In these circumstances you may either cancel the order or decide if you wish to proceed with the order of the Module at the correct Module Fee.
6.5          You undertake that all details you provide to us for the purpose of purchasing the Module will be correct, that any credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the Module Fee. We reserve the right to obtain validation of your credit or debit card details before providing you with the user name to access the Module.
7                Right of Cancellation

If you decide within 7 working days of receiving the Confirmation (Cancellation Period) in accordance with clause 5.1 that you do not wish to access the Module you must notify us of this in writing or other durable medium (including e-mail) within 7 working days. We will refund to you the amount paid by you for the Module. The refund will be paid as soon as possible and in any event within 30 days. YOU ACKNOWLEDGE AND AGREE THAT IF YOU ACCESS THE MODULE BEFORE THE END OF THE CANCELLATION PERIOD SUCH ACCESS CONSTITUTES PERFORMANCE OF THE CONTRACT AND YOU WILL NOT BE ENTITLED TO CANCEL THE CONTRACT AND RECEIVE A REFUND.
8                Security
8.1          In order to access the Online Training Materials you will be requested to create a password on Confirmation. You are responsible for the security and proper use of such password and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised persons.
8.2          You must IMMEDIATELY inform us if there is any reason to believe that a user name or password has or is likely to become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way.
8.3          We reserve the right to suspend user name and password access to the Online Training Materials if at any time we consider that there has been, is or is likely to be a breach of security.
9                Use of the Online Training Materials and the Modules
9.1          The Online Training Materials (including the Modules) are provided solely for your own use and you will not share or resell or attempt to share or resell the Online Training Materials or allow access to the Online Training Materials or any Module (or any part of the Online Training Materials or a Module) to any third party.
9.2          Your use of the Online Training Materials is subject to the following restrictions:
(a)            you are only allowed to use the Module for the purposes of training and education and must not commercially exploit the Module in whole or in part; and
(b)            you are only permitted to access the Module for the Initial Access and the Additional Access;
(c)            you may not:
(i)             download and store electronically, reproduce, transmit, display, copy, distribute or use the Online Training Materials;
(ii)            sub-license, rent, lease, transfer or attempt to assign the rights in the Online Training Materials to any other person and any dealing in contravention of this sub-clause 9.2(c) (ii) shall be ineffective;
(iii)          use the Online Training Materials except as permitted by this Contract; or
(iv)           allow any other person to use the Online Training Materials.
9.3          Where content published as part of the Online Training Materials are supplied by third parties, you understand that we do not control or endorse their contents in any way. All content which is offered by third parties, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content and the use of such content.
9.4          You warrant that you will comply with all legislation, instructions or guidelines issued by regulatory authorities, relevant licences and any other codes of practice which apply to you or the use of the Online Training Materials.
9.5          The Online Training Materials must not be used:
(a)            fraudulently or in connection with a criminal offence or giving rise to any civil liability; or
(b)            in breach of any reasonable instructions Advance.
9.6          If your or anyone else, with or without your knowledge or approval, uses the Online Training Materials in contravention of clauses 9.1, 9.2 or 9.5 Advance may treat the contravention as a material breach of this Contract which cannot be remedied for the purposes of clause 17.
9.7          We reserve the right to suspend user name access to the Online Training Materials if at any time we consider that there has been or is likely to be a breach of any of the terms of this Contract.
10            Availability of the Online Training Materials
10.1       We will try to make the Website and the Online Training Materials available but cannot guarantee that the Website and the Online Training Materials will operate continuously or without interruptions or be error free and can accept no liability for its unavailability.
10.2       Occasionally Advance may:
(a)            for operational reasons change the technical specification of the Online Training Materials; or
(b)            temporarily suspend the Online Training Materials for operational reasons such as repair, maintenance or improvement of the Online Training Materials or because of an emergency, but before doing so we will use our best endeavours to give as much online, written or oral notice as is reasonably practicable. Advance will restore the Online Training Materials as soon as it reasonably can after temporary suspension.
10.3       We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of the Online Training Materials, the Website or the Modules. Unless explicitly stated to the contrary, any new features including new content shall be subject to these terms and conditions.
11            Your Obligations
11.1       During the term of this Contract and while using the Online Training Materials you shall:
(a)            ensure that any equipment connected to or used with the Online Training Materials is connected and used in accordance with any instructions, safety or security procedures applicable to the use of that equipment; and
(b)            immediately notify us in writing of any changes to the information supplied by you when registering for the Online Training Materials including information in the Registration Form.
12            Intellectual Property Rights

12.1 You acknowledge that any and all of the Online Training Materials are protected by copyright and other intellectual property rights and that such rights are and shall remain the property of Advance. You acknowledge that you only have a licence to use the Online Training Materials on the terms set out in this Contract.

12.2 Advance is committed to the protection of its intellectual property rights and we will take action through the courts to protect our rights if necessary.
13            Information you provide to us
13.1       The following applies to any information you provide to us, for example on the Registration Form:
(a)            you authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and email address, to the extent reasonably necessary to provide the Initial Access and the Further Access, and to disclose such information to our successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our Partner Companies).
(b)            if you purchase a Module then we may collect information about your buying behaviour and if you send us personal correspondence such as emails or letters or post comments on the forum on the Website then we may collect this information into a file specific to you;

(together, the various purposes set out in this clause 13.1 and in our privacy policy shall be known as ‘the Purposes’). All such information collected by us shall be referred to in these terms and conditions as ‘Personal Information’.
13.2       You must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, email address and other requested details. For more information about how we deal with your Personal Information, please read our privacy policy [insert hyperlink to privacy policy].
13.3       If you make a comment on the forum on the Website then you must comply with our rules applying to the forum [insert hyperlink to forum rules].
13.4       By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then You should contact us in accordance with clause 18.
14            Linked Websites

We make no representations whatsoever about any other websites which you may access through the Website. When you access any other website you understand that it is independent from Advance and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that Advance endorses or accepts any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

 
15            Limitation of Liability
15.1       Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the fee paid for the Module you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
15.2       This does not include or limit in any way our liability:
(a)            for death or personal injury caused by our negligence;
(b)            under section 2(3) of the Consumer Protection Act 1987;
(c)            for fraud or fraudulent misrepresentation; or
(d)            for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
15.3       We are not responsible for indirect losses which happen as a side effect of the main loss or damage (even if such losses result from a deliberate breach of this Contract by us that would entitle you to terminate the contract between us), including but not limited to:
(a)            loss of income or revenue;
(b)            loss of business;
(c)            loss of profits or contracts;
(d)            loss of anticipated savings;
(e)            loss of data; or
(f)              waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;

provided that this clause 15.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 15.1or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 15.3.
15.4       Except as set out in clause 4.1, we exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Modules, the Online Training Materials, the Website or any information or service provided through the Website. We will do our best to ensure that all Materials and information and content in the Online Training Materials are accurate, but please note that all Online Training Materials and content and information contained in the Online Training Materials are provided on an ‘as is’ basis and you assume total responsibility and risk for your use of Online Training Materials and content and information contained in the Online Training Materials.
16            Viruses, hacking and other offences
16.1       You must not misuse the Website 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 the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
16.2       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 the Website will cease immediately.
16.3       We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website [or to your downloading of any material posted on it], or on any website linked to it.
17            Termination
17.1       Either party may terminate this Contract or the provision of the Online Training Materials on written notice to the other if the other:
(a)            commits a material breach of this Contract, which is capable of remedy, and fails to remedy the breach within a reasonable time of a written notice to do so; or
(b)            commits a material breach of this Contract which cannot be remedied; or
(c)            is repeatedly in breach of this Contract; or
(d)            is the subject of a bankruptcy order, or becomes insolvent, or makes any arrangement or composition with or assignment for the benefit of its creditors, or if it goes into voluntary (otherwise than for reconstruction or amalgamation) or compulsory liquidation, or a receiver or administrator is appointed over its assets.
17.2       On termination or expiry of this Contract the licence to use the Online Training Materials and the Modules granted in clause 3 shall end.
17.3       Termination of this Contract shall be without prejudice to the rights of the parties accrued before termination.
18            Assignment and sub-contracts
18.1       We will not assign or transfer in whole or in part any of our rights or obligations under this Contract without your prior written consent.
18.2       We reserve the right to sub-contract the performance of the Online Training Materials under this Contract. We shall not be relieved from any of our obligations under this Contract by entering into any sub-contract for the performance of any part of this Contract.
19            Force majeure

Neither party shall have any liability under or be deemed to be in breach of this Contract for any delays or failures in performance of this Contract that result from circumstances beyond the reasonable control of that party including but not limited to act of God, fire, flood, war, acts of violence, or any other similar occurrence. If such circumstances continue for a continuous period of more than three (3) months, either party may terminate this Contract by written notice to the other party.
20            General
20.1       This Contract shall not constitute or imply any partnership, joint venture, agency or other relationship between the parties other than the contractual relationship expressly provided for in this Contract.
20.2       Notwithstanding that the whole or any part of any provision of this Contract may prove to be illegal or unenforceable the other provisions of this Contract and the remainder of the provision in question shall remain in full force and effect.
20.3       For the avoidance of doubt nothing in this Contract shall confer on any third party any benefit or the right to enforce any term of this Contract.
20.4       The failure on the part of either party to exercise or enforce any right conferred by this Contract shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement of such right or of any other right on any later occasion.
20.5       This Contract may not be released, discharged, supplemented, interpreted, amended, varied or modified in any manner except by an instrument in writing signed by a duly authorised officer or representative of each of the parties hereto.
20.6       This Contract constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter. Each party acknowledges that, in entering into this Contract, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Contract. Nothing in this clause 20.6 shall limit or exclude any liability for fraud.
20.7       We may alter these terms and conditions from time to time and post the new version on the Website, following which all purchases of Modules will be governed by that version.

 
21            Communications
21.1       If you wish to contact us with regard to this Contract our contact details are as follows:-

Advance Selling Skills Academy Limited
c/o JWP Creers,
Foss Place,
Foss Islands Road,
York,
YO31 7JU
Tel: 0845 125 9098
Email: customerservices@advancetm.com
21.2       All communications to us in relation to this Contract must be in writing sent by post to the address set out above or by email to the address set out above. We will contact you at the address or email address set out in the Registration Form unless you have notified us in writing of an alternative address or email address.
21.3       All communications sent by post will be deemed to be received 48 hours after posting and all communications sent by email will be deemed to be received at the time of transmission providing that a telephone call is made warning the recipient that an email message has been sent to him and a hard copy of such notice is also sent by first class post on the same day as that on which the email is sent.

 
22            Proper law and jurisdiction
22.1       This Contract, any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims) will be governed by English law.
22.2       Any dispute or claim arising out of or in connection with this Contract or its formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.