Please read these terms carefully as they set out the basis on which we (Expert Training Systems plc) provide the Services to you (our customer). By clicking ‘I have read and accept the terms and conditions’ having read these terms, you are offering to enter into a legally-binding contract with us on the basis of these terms.
However, no contract will exist between us and you until the following steps have all been completed:
1. we successfully process your payment (if joining on or after 9 September 2007); and
2. we confirm our acceptance of your application by a confirmatory email to your email address.
You may cancel your registration in return for a full refund at any time before you log on to the Site for the first time. To cancel your registration, please follow the instructions set out in the confirmatory email. When you access the Site for the first time, the Services will commence. At that point you will lose the right to cancel and your membership payment will no longer be refundable.
Please note that these terms include provisions (set out in bold type) which limit or exclude our legal liability to you.
Where you are registering and paying for other people to have Make Me a Better Manager Programmes, this contract remains between you and us. However, each manager will be asked to agree to the terms and conditions before they use the service, as this document covers issues that are relevant to all users, such as the need to keep passwords secret. In the case of you registering other people for programmes, the references below to “you” and “your” in section 2 onwards refer to the individuals that you have registered.
Words spelt with initial capitals (e.g. Services) are defined at the end of these terms.
1. PROVISION OF SERVICES
We will provide the Services to you, as set out in these terms.
Your payment covers a single Make Me a Better Manager Programme or, in the case of multiple registrations, a single Make Me a Better Manager Programme for each member of the group of people that you have registered. If you wish to carry out further Make Me a Better Manager Programmes at any point in the future then you must make an additional payment for each Make Me a Better Manager Programme, at the rates which apply at that time.
The Make Me A Better Manager Programme is only offered to UK residents. If you are not a UK resident you should not continue with the registration process. Please contact us and we will be pleased to advise you when the Programme will be available in your country.
2. MAKE ME A BETTER MANAGER PROGRAMME
Each Make Me a Better Manager Programme consists of the following steps:
(a) You provide names and contact details for your Feedback Group. At least three people must be nominated.
(b) We contact each member of your Feedback Group by email and ask them to participate in the Make Me a Better Manager Programme.
(c) Those members of your Feedback Group who wish to participate access the Site by the link that we send them and they answer the questions.
(d) Once three or more members of the Feedback Group have answered the questions, we prepare the confidential feedback report summarising and analysing the responses provided by the Feedback Group.
Please note that before we can generate your Appraisal Report we need at least three members of your Feedback Group to have provided responses. This is to ensure anonymity for the members of the Feedback Group.
3. PRIVACY
We take your privacy, and that of your Feedback Group, very seriously. Please see our privacy policy for more details of how we use your data. In particular:
(a) members of the Feedback Group do not have access to the names of the other members of the Feedback Group, their responses or to your confidential feedback report; and
(b) in order to ensure your Appraisers are free to give candid responses and ensure the highest possible quality of results from the Make Me a Better Manager programme, we do not provide details of which member of your Feedback Group have participated in the Make Me A Better Manager Programme or given particular responses. Apart from the responses quoted in the confidential feedback report (in anonymous form), you do not have access to the responses from your feedback report.
4. ACCESS AND SECURITY
You will use your email address and your own choice of password to access the Site. Together these are your “Login Details.”
You agree:
(a) to keep your Login Details secret;
(b) not to tell any other person your Login Details; and
(c) not to allow anyone else to access the Site by means of your Login Details, even if you do not tell them your Login Details.
You must notify us promptly of any unauthorised use of your Login Details or any other breach of security.
We reserve the right to issue you with a new password if we believe someone else knows your password or is accessing the Site using your Login Details. This does not affect any other rights we may have under these terms if this occurs (including our right to suspend or terminate this agreement).
Note that only the person to whom the password has been issued should use this information to access the Site. Anybody else using your Login Details to access the website may be committing a criminal offence under the Computer Misuse Act 1990.
5. REFERRALS
The Site includes a system by which you can recommend the Services to your friends and colleagues. You can use the referral form on the Site to refer up to ten individuals per day.
We will send an email to the individuals whose details you provide, inviting each to become a member of the Services. For each individual who becomes a new, paying member of the Services using the referral link included in that email, we will give you a £5 Amazon.co.uk e-voucher.
Please note that you are only entitled to an e-voucher where an individual becomes a new, paying member of the Services using the referral link included in the email we send that individual. Examples of circumstances in which no referral voucher will be provided include:
(a) the person you invite (“invitee”) is already a member of the Services;
(b) the invitee does not join the Services or does not respond to the invitation email;
(c) the invitation email is bounced back as undelivered;
(d) the invitee joins the Services other than by means of the referral link (for example, by registering on the Site directly, by registering using a different email address than the one that you registered as theirs, or having been referred by someone else before you referred them).
Please note that we will not send an invitation email to any individual who has previously requested that we do not send any such emails.
For data protection reasons, we are unable to provide details of which invitees have accepted or declined your invitation. At the end of each calendar month we will provide details on your activity page of the number of invitations accepted during that month, and at that time we will provide the corresponding Amazon.co.uk e-vouchers.
If you wish to generate additional referrals using your website or blog, then please contact us by email at help@makemeabettermanager.com.
6. ACCEPTABLE USE
You agree not to use the Site:
(a) to send, receive, upload, download, use or re-use any information or material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of confidence, copyright, privacy or any other rights;
(b) to cause annoyance, inconvenience or needless anxiety to any person; or
(c) to use any mechanism, device, software, script or routine to affect the proper functioning of any computer system or network, or to take any action that places an unreasonable burden or excessive load on any computer system or network, or to infect any computer system or network with any computer programming routine (e.g., any virus, worm, time bomb, cancelbot or trojan horse) that may damage, interfere with, delay, intercept or expropriate any system, data or personal information; or
(d) to gain unauthorised access to any computer system or network; or
(e) to send or provide or receive unsolicited advertising or promotional material; or
(f) in any way which, in our reasonable opinion, is, or is likely to be, detrimental to the provision of the Services to you or any other customer.
7. SITE AVAILABILITY
We will use reasonable endeavours to ensure the Site is available at all times. However, we cannot guarantee continuous availability of the Site or any given level of Site performance.
8. LIMITATION OF LIABILITY
We are only liable for direct loss up to £1,000 per claim or series of related claims, and then only to the extent such loss is caused by our negligence or by our breach of these terms.
We are not liable for any loss of income, loss of data, loss of software or computer equipment, bank charges, or for any indirect or consequential loss.
We are not liable for any loss or damage arising from:
(a) unauthorised access to the Site as a result of your failure to keep your Login Details secret (unless this access arises from our own negligence or deliberate breach of these terms);
(b) incompatibility between your computer system and the Site;
(c) anything beyond our reasonable control that disrupts the Site;
(d) loss, corruption or interception of data transmitted over the internet or over any other computer network or system not under our control.
Nothing in these terms will limit or exclude our liability for personal injury or death arising from negligence, or for fraud.
9. EXPIRY OF MAKE ME A BETTER MANAGER PROGRAMME
If any Make Me a Better Manager programme has not had sufficient responses (as detailed in paragraph 2) by the end of the two-week period that begins when you click for emails to be sent to your Feedback Group inviting them to participate, then that programme shall expire and no confidential feedback report shall be provided.
No refund of the Charges will be made where the Make Me A Better Manager Programme expires as set out in this paragraph.
10. SUSPENSION OR TERMINATION OF THE SERVICES
We reserve the right to suspend the Services and your access to the Site automatically and without prior notification if you breach any of these terms.
If you commit a serious breach of any of these terms and (if that breach is capable of being rectified) you fail to rectify that breach within 14 days of our asking you to do so, then we may terminate this agreement with immediate effect. Your access to the Site will end immediately upon any termination of this agreement.
You are not entitled to any refund of Charges if we suspend your access or terminate this agreement, unless we do so without due cause.
We will inform you of any suspension or termination of the Services either;
(a) by email to your email address as notified to us by you during registration; and/or
(b) by informing you when you next attempt to log on to the Site.
Termination of this agreement does not affect any rights which arise before termination.
11. CONTACTING US
If at any time you need to contact us in connection with the Services or these terms, you may do so by email: help@makemeabettermanager.com.
When contacting us, please tell us your name and your email address.
12. CONTACTING YOU
If at any time we need to contact you in connection with the Services or these terms, we may do so using any of the contact details on your profile. It is your responsibility to ensure these contact details are kept up to date.
We will normally contact you by email. You will be deemed to have received any message which we can show was sent to the correct email address registered with us at the time the message was sent.
13. CHANGES TO THESE TERMS
We may make changes to these terms (and any of our other terms or policies, including our privacy policy) by giving you at least 28 days’ prior notification by email.
Any changes that would adversely affect any Make Me a Better Manager programme that is ongoing at the time we notify them to you will take effect only at the end of that Make Me a Better Manager programme.
14. LEGAL INFORMATION
(a) We are Expert Training Systems plc, company number 02196081 registered in England & Wales, with VAT registration number 493 6295 06.
(b) These terms apply only between us and you, and no-one else has the right to enforce any of these terms.
(c) These terms are to be governed by and interpreted in accordance with the laws of England & Wales.
(d) If you are using these Services for purposes that fall within your trade or profession, then legal action in connection with these terms or with the Services may only be brought in the courts of England and Wales.
15. INTERPRETATION
In these terms:
Make Me A Better Manager Programme means the process described in paragraph 2.
Appraisal Report means the report we provide in relation to each Make Me A Better Manager Programme, providing details (in anonymous form) of the responses received from Appraisers, and analysis of the overall results from the Make Me A Better Manager Programme.
Appraiser means each individual who provides responses as part of the Make Me A Better Manager Programme.
Charges means the charges payable by you for using the Services.
Feedback Group means the group of people whom you have invited to act as Appraisers in your Make Me A Better Manager Programme. There must be at least three people in the Feedback Group.
Services means all of the services provided by us under this agreement, including making the Site available, operating the Make Me A Better Manager Programme, analysing the results and providing the Appraisal Report.
Site means the Make Me a Better Manager site at www.makemeabettermanager.com.
The ‘Make Me a Better Manager’ name and logo is a registered trademark of Expert Training Systems plc. This document and the content of the Make Me a Better Manager website are copyright and owned by Expert Training Systems plc.
Revised 12 February 2008.