Conditions of Use

CHRISTIAN DISTINCTIVES END USER TERMS/LICENCE AGREEMENT

1. Introduction

This legal document sets out the terms on which a contract shall be formed between the end-user and the Christian Distinctives ("the Supplier"). These terms shall apply to any contract entered into by the Supplier with any end user for (1) the supply of any goods by the Supplier or (2) the performance or arrangement of any services by the Supplier or (3) the grant by the Supplier of any licence to use any of its intellectual property rights.

2. Definitions

In these terms:

2.1 'end user' or 'you', 'your' or 'yourself' means the purchaser or other expressly approved user of the Materials , their agents, workers, officers, directors and employees or the person identified in the agreement into which these terms are incorporated.

2.2 'use' or 'using' means the permitted uses as detailed in condition 4.

2.3 'Materials' provided means all and any goods sold or supplied by the Supplier and all and any services performed or arranged by the Supplier, and includes but is not limited to, the web pages published by the Supplier at www.christiandistinctives.org and www.aspirewebsite.org, the online resource provided by the Supplier and branded 'Aspire' whose functionality is served at www.christiandistinctives.org and www.aspirewebsite.org, the hardcopy resource sold by the Supplier entitled 'Distinctives', the presentation services and materials provided by the Supplier, the workshop services and materials provided by the Supplier, and related consultancy services provided or arranged by the Supplier.

2.4 'purchase price' means the purchase price for the Materials, as stated from time to time on the Supplier's web pages published at www.christiandistinctives.org.

3. Grant of licence and scope of permission to use Materials

3.1 The rights granted under this condition 3 are in consideration of (at the Supplier's option) either (1) the end user executing these terms as a deed or (2) the end user paying the purchase price for the Materials purchased by the end user. The rights will commence from and including the date of the Supplier's receipted invoice, and will apply to each of the goods and services comprising the Materials listed in such invoice ("the Permitted Materials").

3.2 The Supplier grants the end user a non-exclusive licence at will to use the Permitted Materials. Where the Permitted Materials are goods, the Supplier bails and does not sell the goods to the end user. Title to all and any copies of any Permitted Materials produced by the end user pursuant to condition 4 shall vest in the Supplier.

4. Terms of use of the Materials

4.1 No person may use any Materials except Permitted Materials used in accordance with this condition 4.

4.2 You may not use the Materials except for the purposes of promoting and utilising the values of the Supplier, being Christ-centredness, individual awareness, inclusivity, interdependence and integrity.

4.3 You may not use any Materials in any way which does or may injure the reputation of the Supplier or conflict with the above values of the Supplier.

4.4 You may not use the Materials except internally for your business or individually for private study. You may not use the Materials with your customers or otherwise for any business purposes or in pursuit of profit in actual or potential competition with the Supplier.

4.5 In respect of electronic copies of the Materials or Materials that are software, you may not make copies in any form or format, modify, adapt, decompile, cut and paste, reverse engineer, create derivative works based on the Materials or grant or purport to grant any rights in the Materials.

4.6 In respect of physical copies of the Materials, you may not modify, share with any third party, or produce copies or adaptations of them in contravention of the table below.

Use

Permitted

Prohibited

Copying

Produce 1 hardcopy for private use or to archive. The exception is for "Aspire" when following purchase such number of hard copies may be made as shall be strictly necessary for internal use to enable assessment in the end user's organisation and feedback of such organisation's reports.

Produce more than 1 hardcopy or copy in any other form or format for any purpose.

Adaptations

Modify to enable use by the visually impaired.

Any other adaptations including language translations.

5. Your Obligations

5.1 You will not carry on, purport to carry on, or hold yourself out as carrying on any activity which may be taken as constituting consultancy services or services of a similar nature, using or in connection with any or any part of the Materials, except on the terms of this condition 5.

5.2 You will not use, nor suffer or permit any other person(s) to use, any Materials or the concepts, ideas, methodologies, recommendations or other content encapsulated in or communicated by any Materials, for the purpose of providing or in connection with your provision of consultancy services, whether you purport to act on behalf of yourself or the Supplier, except with the prior written approval of the Supplier.

5.3 Any approval under condition 5.2, above, must be sought by way of a written letter of application to the Supplier. No approval from the Supplier shall be valid unless and until it is given in writing, expressly granting approval and authority pursuant to this condition 5 for you to provide consultancy services using the Material and received by you. No such approval shall be granted unless you have obtained and hold a licence pursuant to condition 3 above.

5.4 The Supplier reserves the absolute right to impose, at the Supplier's discretion, conditions and restrictions on the grant of approval under this condition 5, and to make its approval subject to your payment of a fee.

6. Disclaimer

The Supplier gives you no warranty or assurance in any form or to any extent in relation to the Materials, or any of them. The Supplier declares and you acknowledge that all implied warranties and conditions are excluded to the maximum extent permitted by law.

7. Liability

7.1 The Supplier's liability to you for any and all loss or damage, including but not limited to claims, demands, expenses, tax and any other liability whosoever in respect of any Materials, is limited to damages of an amount equal to the purchase price for the Materials which cause your loss.

7.2 The Supplier shall not be liable to you for or in respect of any of the following loss or damage caused by or arising out of or in connection with the Materials or any person's use of them:

7.3 This condition 7 does not in any way limit or exclude the Supplier's liability in respect of death or personal injury caused by the Supplier's negligence.

8. Termination and revocation

8.1 The contract formed on these terms and conditions will terminate forthwith if you commit any breach of any of its terms or conditions.
8.2 Following termination of the contract formed on these terms and conditions the Supplier reserves the right to:

9. General

9.1 You may not assign, sub-contract or otherwise deal with or share your rights or obligations under the contract formed on these terms and conditions.
9.2 No amendment or waiver of the terms and conditions of the contract formed on these terms and conditions shall be effective unless confirmed in writing by the Supplier.

9.3 No notice under or in connection with the contract formed on these terms and conditions shall be effective unless made in writing and sent by recorded post to the recipient at the address last notified by it to the sender. A validly sent notice shall be deemed to take effect on the day that is two days from and including the date of sending.

9.4 The contract formed on these terms and conditions will be governed by and construed in accordance with English law. You irrevocably submit to the exclusive jurisdiction of the English courts.