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Terms and Conditions

Terms and Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website [www.trainingscenarios.com] (our site) to you.  Please read these terms and conditions carefully before ordering any Products from our site.  You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. 
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them.  Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

Information about us

www.trainingscenarios.com is a site operated by Training Scenarios Ltd (we).  We are registered in England and Wales under company number 3475532 and with our registered office at Caerlleon House,142 Boughton,Chester CH3 5BP
Our main trading address is London House, 243-253 Lower Mortlake Road, Richmond, Surrey, TW9 2LL

2 Definitions
"Licence" means the rights licensed from us to you for your use of the Products in accordance with  the Terms;
"you" / "your" means the organisation or individual specified in the relevant Order Confirmation;
"Order Confirmation" means the order confirmation document issued by us accepting and detailing your order for Products;
"Product" means a product supplied under these Terms, as set out in an Order Confirmation 
"we" / "us" / "our" / Training Scenarios Ltd. These Terms govern the agreement between us and you for the supply (by sale as specified in the Order Confirmation) of Products to you, for which we grant you a non-exclusive Licence to use such Products in accordance with the terms set out herein.

3. Your status

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;

4. Formation of Contract

4.1 Acceptance  After placing an order, 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 to us to buy a Product.  All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been despatched (the Despatch Confirmation).  The contract between us (Contract) will only be formed when we send you the Despatch Confirmation. 

4.2 Despatch confirmation The Contract will relate only to those Products whose despatch we have confirmed in the Despatch Confirmation.  We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.

4.3 Cancelation You may cancel a Contract at any time within 14 working daysbeginning on the day after you received the Products.  In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy

To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk.  You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation

4.4 Price

The price payable by you for Products shall be as agreed and set out on the Order Confirmation, These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide

4.5 Payment for all Products must be by cheque, bank transfer, credit or debit card.   We will not charge your credit or debit card until we despatch your order.

We will issue an invoice upon receipt of the order. We will despatch the Product, once we have received payment.
No payment shall be deemed to have been received until we have received cleared funds.

4.6 Delivery
We will use all reasonable efforts to despatch Products on the agreed despatch date, to the address set out in the Order Confirmation. We may at any time notify you of delays in the despatch or delivery of Products, and may, at our discretion, amend the despatch or delivery dates accordingly. 
You must notify us of late delivery or non-delivery before close of business on the working day immediately following the scheduled delivery date, failing which the
Product will be deemed received at the date and time scheduled.

4.7  Product Warranties

We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. 

You are fully responsible for ensuring that the format in which the Product is supplied is compatible with and suitable for use in conjunction with your

computer or other relevant system and is otherwise fit for the purpose intended by you.  
We shall not be liable for any losses, costs or expenses incurred by you through damage to your DVD player, computer or any other system used by you

4.8  Defective Products
You must notify us within 14 working days of the delivery date of any manufacturing defects in the media on which the Products are supplied, and promptly return
such defective Products to us. We will replace, on a like-for-like basis, any such defective Products. You agree that this is your sole remedy in respect of defects in
the Products.

5. Risk and Title

5.1 The Products will be at your risk from the time of delivery.

5.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

6. Import Duty

6.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination.  You will be responsible for payment of any such import duties and taxes.  Please note that we have no control over these charges and cannot predict their amount.  Please contact your local customs office for further information before placing your order.

6.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined.  We will not be liable for any breach by you of any such laws.

7. Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing.  When using our site, you accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our website.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights

8. Notices

All notices given by you to us must be given to Training Scenarios Ltd www.trainingscenarios.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

9. Your Licence to use the products

9.1 Scope

Your Licence permits you to use or make available the Product for education and training purposes to your officers, employees and those persons whose services are contracted principally to you ("Permitted Users"). You may not use the Products to train any other persons, including external third parties, without an appropriate licence from us. All rights not expressly granted to you in these Terms are reserved.

9.2Restrictions on Use

The Products contain the intellectual property of Training Scenarios Ltd and/or one or more third parties, which is protected by law. You must not:

(i) copy or duplicate a Product in whole or in part (except as strictly required to use the Product, provided that no permanent copies are retained, or as specifically
permitted in copies of printed materials supplied or otherwise as permitted by us in writing);
(ii) Translate, edit, amend, modify or add to a Product or incorporate it with other material; or
(iv) Sell, rent, lend, give or sub-license a Product
(v) Our Products contain some material licensed from third parties.  In some circumstances , we may need to issue you with a substitute Product of equal quality to replace the original.  In these circumstances you must cease using the original.
            
10. Other Restrictions
You must not charge an admission fee for viewing a Product or advertise its use outside your organisation.
You may only make an audiovisual Product available at any one time on a single TV, monitor or computer screen and must not exhibit or disseminate a Product by any means of terrestrial, satellite, cable or other broadcast or by any means of network or electronic transmission, without our written agreement.

11. Termination
We shall be entitled at any time (without prejudice to our other rights and remedies) to terminate your Licence if: (i) you commit a material breach of the Licence or
these Terms; (ii) you go into liquidation or are the subject of any action or proceeding under bankruptcy or insolvency law (including the appointment of a receiver or
administrative receiver); or (iii) your copy of the Product supplied becomes unfit for use whether through normal wear and tear or otherwise.
On termination or expiry of the Licence, howsoever caused, you must return the Products to us at your own cost within 7 days. You will not be entitled to have or retain any electronic copies

12 Transfer of Rights and Obligations

The contract between you and us is binding on you and us and on our respective successors and assigns. 

12.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 

12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

13. Events outside our control

13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). 

13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

Strikes, lock-outs or other industrial action.

Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack war (whether declared or not) or threat or preparation for war.

Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

Impossibility of the use of public or private telecommunications networks.

The acts, decrees, legislation, regulations or restrictions of any government.

13.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event

14. Waiver

14.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

14.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

14.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 (www.practicallaw.com/A above. 

15. Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. 

16 Entire Agreement

16.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

16.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

16.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

17. Our Right to vary these terms and conditions

17.1 We have the right to revise and amend these terms and conditions from time to time [to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities ]. 

17..2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

18 Law and Jurisdiction

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.  Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

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Testimonials
  • It was a pleasure to work with the Training Scenarios team who delivered excellent, innovative training videos on time and on budget. They worked closely with us to ensure the scenarios were realistic and met our precise training obje...more
    Daren Metcalfe Senior Consultant, HP Continuity Services

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