Website Terms and Conditions

PLEASE READ CAREFULLY BEFORE ACCESSING ANY CONTENT FROM THIS WEBSITE:

This licence agreement (Licence) is a legal agreement between you (you) and Hospitality Guild of Hospitality House, 11-59 High Road, London, N2 8AB (Licensor, us or we) for access to online documents, audio, video and other material (Material).
We licence use of the Material to you on the basis of this Licence.  We do not sell the Material to you.  We remain the owners of the Material at all times.
IMPORTANT NOTICE TO ALL USERS:
BY OBTAINING A LICENCE FROM US VIA THIS WEBSITE YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU.  THE TERMS OF THIS LICENCE INCLUDE, IN PARTICULAR, LIMITATIONS ON LIABILITY IN CONDITION 5 AND CONDITION 6.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENCE THE MATERIAL TO YOU AND YOU MUST CEASE TO DOWNLOAD OR USE THE MATERIAL.

You should print a copy of this Licence for future reference.

1. Definitions
For the purposes of this licence:
(a) “Business” means any undertaking, business, local education authority, school, academy, or other educational establishment but excludes the students of such organisations; and
(b) “Consumer” means any individual user of the Material.

2. Grant and scope of licence
2.1 In consideration of you agreeing to abide by the terms of this Licence, we hereby grant to you a non-exclusive, non-transferable licence to use the Material on the terms of this Licence and for the period specified.
2.2 If you are a Consumer you may view, print, copy or otherwise use the Material for your personal purposes only.
2.3 If you are a Business you may view, print, copy or otherwise use the Material for your internal business purposes and for the number of licenced users covered by your licence only.


3. Restrictions
3.1 Except as expressly set out in this Licence you undertake:
(a) not to sell, reproduce, distribute, rent, lease, sub-license or loan the whole or any part of the Material nor attempt to do any such thing;
(b) not to translate, merge, adapt, vary, modify or make alterations to the whole or any part of the Material, nor permit the Material or any part of them to be combined with, or become incorporated in, any other Material or programmes nor attempt to do any such thing;
(c) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Material nor attempt to do any such thing;
(d) to supervise and control use of the Material and ensure that the Material are used by your employees, representatives, staff and students in accordance with the terms of this Licence;
(e) not to provide or otherwise make available the Material in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us.

3.2 As a Consumer, you acknowledge that this Licence is personal to you and you undertake not to make your login name or password (Login Details) available to any other person.
3.3 As a Business, we will issue you with Login Details for a portal through which you will issue separate user Login Details (User Login Details) for use by each of your staff and/or students (Users) in accordance with your subscription.  You undertake:
(a) not to make your Login Details available to any person other than those that need to know them for the purposes of your business;
(b) not to make User Login Details available to anyone other than the User to whom those Login Details have been allocated, provided that members of your staff that need to know such User Login Details for administrative or other legitimate business purposes may have such access; and
(c) to indemnify us for any breach of this licence by your Users.

4. Intellectual property rights
4.1 You acknowledge that all intellectual property rights in the Material anywhere in the world belong to us, that rights in the Material are licensed (not sold) to you, and that you have no rights in, or to, the Material other than the right to use them in accordance with the terms of this Licence.
4.2 You acknowledge that you have no right to have access to the Material in source code form or in unlocked coding.
4.3 The integrity of the Material may be protected by technical protection measures (TPM) so that the intellectual property rights, including copyright, in the Material are not misappropriated.  You must not attempt in any way to remove or circumvent any such TPM, nor apply or manufacture for sale or hire, import, distribute, sell or let for hire, offer or expose for sale or hire, advertise for sale or hire or have in your possession for private or commercial purposes any means the intended purpose or effect of which is to facilitate the unauthorised removal or circumvention of such TPM.

5. Limitation of liability if you are a Consumer
5.1 You acknowledge that the Material has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the content and functions of the Material meet your requirements.
5.2 We only supply the Material for domestic and private use. You agree not to use the Material for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
5.3 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this Licence or our negligence. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we granted you the Licence.
5.4 Nothing in this Licence shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability that cannot be excluded or limited by English law.

6. Limitation of liability if you are a Business
6.1 You acknowledge that the Material has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the content and functions of the Material meet your requirements.
6.2 We only supply the Material for internal use by your business, and you agree not to use the Material for any re-sale purposes.
6.3 We shall not under any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Licence for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss or corruption of data or information;
(e) loss of business opportunity, goodwill or reputation; or
(f) any indirect or consequential loss or damage.
6.4 Nothing in this Licence shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any other liability that cannot be excluded or limited by English law.
6.5 This Licence sets out the full extent of our obligations and liabilities in respect of the supply of the Material.  Except as expressly stated in this Licence, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us.  Any condition, warranty, representation or other term concerning the supply of the Material which might otherwise be implied into, or incorporated in, this Licence whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

7. Termination
7.1 We may terminate this Licence immediately by written notice to you if:
(a) you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or
(b) in our reasonable opinion, your use of the Material poses a continuing threat to the service as a whole.
7.2 Upon termination for any reason by either party:
(a) all rights granted to you under this Licence shall cease; and
(b) you must immediately cease all activities authorised by this Licence.

8. Communications between us
8.1 If you are a Consumer, if you wish to contact us in writing, or if any condition in this Licence requires you to give us notice in writing, you can send this to us by e-mail to admin@hospitalityguild.co.uk or by pre-paid post to Hospitality Guild of Hospitality House, 11-59 High Road, London, N2 8AB. We will confirm receipt of this by contacting you in writing, normally by e-mail.
8.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order for the Material.
8.3 If you are a Business, please note that any notice given by you to us, or by us to you, 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. Events outside our control
9.1 In this Licence, an Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks or computer servers.
9.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Licence that is caused by an Event Outside Our Control.
9.3 If an Event Outside Our Control takes place that affects the performance of our obligations under this Licence:
(a) our obligations under this Licence will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
(b) we will use our reasonable endeavours to find a solution by which our obligations under this Licence may be performed despite the Event Outside Our Control.

10. Other important terms
10.1 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence.
10.2 You may only transfer your rights or your obligations under this Licence to another person if we agree in writing.
10.3 If you are a Business, this Licence and any document expressly referred to in it constitutes the entire agreement between you and us.  You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in this Licence or any document expressly referred to in it.
10.4 If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.  If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.5 Each of the conditions of this Licence operates separately.  If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
10.6 Rights of third parties under the Contracts (Rights of Third Parties ) Act 1999 or otherwise are excluded.
10.7 If you are a Consumer, please note that this Licence, its subject matter and its formation, are governed by English law.  You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.  However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
10.8 If you are a Business, this Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law.  We both agree to the exclusive jurisdiction of the courts of England and Wales.