Terms

Terms

The terms and conditions of this Agreement apply to the downloading of documents and to the access to training materials on our website www.visionsense.co.uk (“our site”). These terms and conditions should be read in conjunction with our website terms of use ([insert link]) and our Membership policy ([insert link]). Please read this Agreement carefully before downloading any documents (including third party publications) or accessing any training from our site. You should understand that by downloading any documents or accessing any training from our site, you agree to be bound by the terms of this Agreement. 

Please note that the material available for download on our site may change at any time.

Price and Payment

The price of any document or training material made available by us will be as quoted on our site from time to time, except in cases of obvious error.  We reserve the right to alter the price of our documents and training material at any time as we see fit. 

[The prices quoted for our documents and training material exclude VAT, which will be added to the total amount payable by you.] 

Downloads available to a non-Member

For those who are not Members of Vision Sense we provide access to publications and standard documents which can be downloaded either for free or for the price indicated on our site as the download charge.

Downloads available to Members

For those who are Members of Vision Sense we provide the same products as we do for non-Members along with access to online training and other products and/or services from time to time.

Intellectual Property Rights

On downloading any documents or accessing any training from our site, you agree and acknowledge that:

  • all intellectual property rights in such documents and/or training materials belong to and are retained by us or our licensors (as the case may be);

 

  • you have no rights in or to the documents and/or training material made available on our site other than the right to use them in accordance with the express terms of this Agreement;
  • we, and our licensors, have made and will continue to make substantial investment in obtaining, creating, verifying, coordinating, developing, presenting and supplying the documents, services and training material made available from our site; and

 

  • you shall co-operate with us to protect the goodwill, reputation and intellectual property of our site and the documents, services and training material made available on it.
 

Your rights

Document downloading

Both Members and non-Members are provided with a non-exclusive, non-transferable licence to access and download the documents and publications available on our site. The licence is personal to you and you may not transfer, sub-licence, sell, assign, or otherwise deal or dispose of the materials that you download.

Training materials (Corporate Members Only)

In addition to document downloading, our corporate Members are provided with a non-exclusive, non-transferable, revocable licence to stream or download the training materials set out in the Members Area at any time during their Membership term.

Training materials may be downloaded or streamed for the purposes of aiding learning.  You must be present when such material is used and you must not, without our prior written permission, reproduce, amend or edit any training material or pass copies of the training material to any other individual or organisation. Where permitted in the relevant publication, you may pass copies of other documents to participants present at the time that you are providing training using the training material. Where documents are provided as Word documents (for example in the case of most participant handouts) you may amend these documents to reflect your preferred ‘look and feel’ by adding your own organisation’s logo, or changing fonts.  Documents provided in a copy-protected electronic format must not be altered or amended in any way without our express written permission.

Subject to the terms of this licence, Members may be permitted to amend, edit or create paper or digital copies of the documents and/or training materials obtained from our site for educational and teaching purposes only (“Additional Use”). The rights granted under this paragraph shall apply only to the extent that:

  • the intended Additional Use falls within the scope of the Copyright (Visually Impaired Persons) Act 2002 (as amended from time to time);

 

  • the intended Additional Use is covered by a valid CLA Further Education Licence held by the Member; and
  • the Member has notified us in writing of the circumstances of the Additional Use [and, where applicable, has provided us with a copy of the valid CLA Further Education Licence]; and

 

The licence granted only applies to you. Where an organisation has more than one trainer that will deliver training using material, ideas, models or any other intellectual property from our site, every trainer must have their own membership in order to gain a licence to use our materials. [Special corporate rates are available where this applies].

Unauthorised Use

If any unauthorised use is made of the documents and training material downloaded or streamed by you (including but not limited to copying or amending the documents or training material) then, without prejudice to our other rights and remedies, you shall immediately be liable to pay to us an amount equal to the amount we would have received had the documents and/or training material been downloaded, streamed or otherwise used in accordance with the terms of this Agreement.

The next paragraph applies to corporate Members only:

In addition to the above, you shall indemnify us against all liabilities, costs, expenses, damages and losses (including indirect or consequential losses and legal costs) suffered or incurred by us in connection with:

  • any breach or negligence performance by you of the licence granted under this Agreement; or
  • any claim made against us for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with the use of any documents or training material to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of this Agreement by you, your employees, agents or subcontractors;

 

and this indemnity shall apply regardless of whether you have been negligent or at fault.

Our Rights

We reserve the right to revoke the licence to download and use the documents and training materials for good cause and elect to replace such materials with alternative materials at any time.  Should we exercise our right to revoke this licence we shall notify you in writing.

Upon notice of revocation of your licence to download, you must immediately:

  • stop using any documents and training materials that are in your possession;

 

  • destroy, or upon our request, return such documents and/or training materials to us; and
  • delete or remove the documents and/or training material from your premises, computer system and storage (electronic or physical).

 

If requested to do so by us, you must provide a written statement confirming you have complied with the obligations set out above.  If you are required by law, regulation or any governmental or regulatory body to retain any document or material that you would otherwise be required to return or destroy in accordance with this paragraph, you must notify us in writing of the retention, giving us details of the documents and/or materials you are required to retain. 

Revocation of your licence for any reason shall not affect any accrued rights, remedies, obligations or liabilities existing at the time of termination.

Severance

If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent possible to make it valid, legal and enforceable.  If such modification is not possible, the relevant provision or part-provision shall be deemed deleted.  Any modification to or deletion of a provision or part-provision under this paragraph shall not affect the validity and enforceability of the rest of this Agreement.