Terms And Conditions for subscription to No Proof of Age No Sale interactive training resource
Effective June 2018
This Licence Agreement is between Trading Standards South West (“ we or us”) and the individual or company (“you”) to whom we have agreed to supply access to the online service and materials . The following terms and conditions govern your use of the online service supplied by us and the materials and content available therein ("materials"):
1. Licence; Restrictions On Use
1.1. Subject to any supplemental terms which may apply, you are granted a non-exclusive, non-transferable, limited licence to access and use the online service and materials made available to you for use in your business only and may not be distributed elsewhere. This licence is subject to the following limitations:
1.2. The right to electronically display materials downloaded from the online resource is limited to the display of such materials within your business only;
1.3. The right to obtain a printout of materials is limited for use within your business only and such printouts may not be distributed elsewhere; and
1.4. The right to retrieve and store machine-readable copies of materials is limited to you and staff within your organisation and is not for distribution elsewhere.
1.5. To the extent expressly permitted by applicable copyright law and not further limited or prohibited by the Supplemental Terms for Specific Materials, you may make copies of training materials and distribute these within your Organisation only.
1.6. All rights, title, and interest (including all copyrights and other intellectual property rights) in the online service and materials (in both print and machine-readable forms) belong to us or our third party suppliers. You acquire no ownership of copyright or other intellectual property rights or proprietary interest in the online service, materials, or copies thereof.
1.7. Except as specifically provided herein, you may not use the online service or materials retrieved from the online service in any fashion that infringes the copyright or proprietary interests therein.
1.8. You may not remove or obscure the copyright notice or other notices contained in materials retrieved from the online service.
2. Access To Service
2.1. Only your employees and support personnel shall be entitled to access and use the online service and materials ("authorised users").
2.2. Materials and features may be added to or withdrawn from the online service and the online service otherwise changed without notice.
2.3. You must ensure that each person having access to the online service and materials is an authorised user and is using those online service and materials only in accordance with these terms and conditions.
3. Limited Warranty
3.1. We represent and warrant that we have the right and authority to make the online service and materials available pursuant to these terms and conditions.
3.2. Except as otherwise provided in section 3.1, the online service and materials are provided on an "as is", "as available" basis and we make no express warranties under this agreement, including without limitation that the online service and materials are or will be complete or free from errors.
4. Limitation Of Liability
4.1. To the maximum extent permitted by law, we shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the online service or any materials available or not included therein, (b) the unavailability or interruption to the supply of the online service or any features thereof or any materials, (c) Your use or misuse of the online service or materials), (d) the content of materials, (e) any delay or failure in performance beyond our reasonable control, or (f) any negligence in connection with the performance of our obligations under this agreement.
4.2. Our liability to you for breach of any condition or warranty implied under any law which cannot be lawfully modified or excluded by this agreement shall, to the extent permitted by law, be limited at our option to supplying the online service or materials again or paying for their re-supply. Nothing in this agreement is intended to exclude liability for death or personal injury resulting from any negligence by us.
4.3. Our liability to you for loss or damage of any kind (including loss or damage caused by negligence) is reduced to the extent that you caused or contributed to that loss or damage.
4.4. Subject to clause 4.2, we shall not be liable for any special, indirect, incidental, or consequential damages of any kind whatsoever (including, without limitation, legal fees) in any way due to, resulting from, or arising in connection with the online service, materials, or the failure of us to perform its obligations, regardless of any negligence.
4.5. The materials are provided as an aid to business selling age restricted products. It is for each business to assess the need, extent and type of training, policies and procedures that will best prevent the supply of age restricted products to persons who are below the legal age for that product.
4.6. Whilst reasonable efforts are made to keep the materials up to date, you should obtain independent verification or advice before relying upon any piece of information in circumstances where loss or damage may result.
4.7. Any password / ID number issued by us to you is confidential to you. If we suspect that any password / ID is being used by an unauthorised person or a different authorised user to the person to whom it was issued, that Password / ID may be cancelled.
5. Subscription period and termination
5.1. This agreement is for the minimum period of one year (if subscription is renewed after 12 months these terms and conditions will still apply).
5.2. Either party may terminate the subscription for access to the online service. You may terminate this agreement by giving us at least 14 days' written notice. We may terminate this agreement by giving at least 28 days' notice. Our only obligation in this event shall be the pro rata refund of any charges paid in advance where such termination is not caused by your breach of this agreement.
6. Data Protection & GDPR
6.1. We will use personal information collected about Authorised Users for the purposes of (a) providing access to and use of the online service to you, (b) providing customer support, billing and other similar activities related to the online service, and (c) keeping you informed about products, service, offers and upcoming events and to improve our service.
6.2. In order to supply said age restricted sales training and distribute login information, you agree that Trading Standards South West may hold the following personal data:
Names; E-mail addresses; Postal Addresses (business address only); Date of employment; Telephone numbers; Exam data; Training certificates.
6.3. Trading Standards South West shall take all reasonable precautions to preserve the integrity and prevent any corruption, loss, damage or destruction of subscriber’s & trainees staff data and information. We back-up the system on a daily basis which can be rolled back in the event of any data breach.
6.4. In order to aid a potential due diligence defence, you agree that Trading Standards South West may share the following personal data with your Local Authority Trading Standards only:
Business name; Business address; Main contact name.
6.5. Trading Standards South West will not share any personal data regarding members of staff in any circumstances, except for where we’re legally permitted to do so. It is up to the subscribers/managers to print off staff certificates to prove that staff have undertaken the training.
6.6. Trading Standards South West will hold personal data for a period of up to 3 years, at which point any personal data held will be reviewed and permanently removed if the business no longer subscribes to the service. Under the ‘Right to Erasure’ obligation, any subscriber or staff member may request permanent removal from our systems (in writing, verbally or by e-mail) and we will comply within 28 days.
6.7. All personal data acquired by Trading Standards South West from subscribers shall only be used for the purposes of this Agreement and shall not be further processed or disclosed without the consent of the subscriber.
6.8. We will provide and export personal data about the business to any subcontractor appointed to carry out the provision of, or any aspect of, the online service, for the purposes of (a) providing access to and use of the service to you and (b) provide customer support, billing and other similar activities related to the online service.
7.1. Except as otherwise provided herein, all notices and other communications to you hereunder shall be in writing or displayed electronically in the online service by the provider thereof.
7.2. The failure of us to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
7.3. You may not assign your rights or delegate your duties under these Terms and conditions or any Additional Terms without our prior written consent.
7.4. These terms and conditions shall be governed by and construed in accordance with the laws of England.