Terms and Conditions for The OCM Store

1 Interpretation

‘Intellectual Property' means the content, radio messages, code, software, design, text, graphics and other material on our Site and in the Materials

‘Materials' means the coaching and mentoring information whether in visual written or auditory form comprised in the Services

"Services" means any product or service delivered through The OCM Store whether visual, written or auditory form

‘We' ‘us' ‘our' ‘OCM' means The OCM Group Ltd of Suite 1, Orchard House, Hopcraft Lane, Deddington, Oxford OX15 0TD

‘You' means the individual or company who has ordered any product through The OCM Store (www.theocm-store.com)

2 Supply of Services

2.1 We will within a reasonable period after our acceptance of your order make the Services available for you to access electronically via the internet subject to these Conditions and for such period of time as is agreed between us and confirmed by email to you

2.2 If any of the material accessed by you has become corrupted you must notify us promptly and in any event within 5 working days using our email address. In this event we will use reasonable endeavours to assist you in accessing these materials

3 Liability

3.1 We will:

3.1.1 exercise reasonable care in providing the Services

3.1.2 use reasonable efforts to make our Services available to you within reasonable timescales; and

3.1.3 take the steps set out in our privacy policy to endeavour to secure any personal data and credit or debit card information you give us.

3.2 We do not represent or warrant that access to our Site and/or Services, or any part of it will be continuous, uninterrupted, reliable or fault free.

3.3 We do not represent or warrant to you that our Services the Materials and/or the Site or any of its contents will be accurate, complete or reliable.

3.4 To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:

3.4.1 any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our Services the Materials or any information on our Site;

3.4.2 the unavailability of our Site the Materials and/or Services;

3.4.3 any delay in providing, or failure to provide or make available, any Services and /or Materials or any negligent provision of any Services or Materials;

3.4.4 your failure to use store access or download any material as a result your having insufficient computer or internet capacity {?}or

3.4.5 your interfering with the proper working of the Site and/or the Services

3.5 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage, costs or expenses (including without limitation loss of profits, business or goodwill) howsoever arising out of the provision or failure to provide any Services and /or Materials and/or otherwise under these Conditions and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Services in question.

3.6 You must observe and comply with all applicable regulations and legislation.

3.7 Notwithstanding the foregoing, nothing in these Conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

4 Events beyond our control

We shall have no liability to you for any failure to deliver Services and / or Materials or any delay in doing so or for any damage or defect to Services and/or Materials that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
5 Third party rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

5 Entire agreement

These Conditions, together with our current website prices, contact details and privacy policy, set out the whole of our agreement relating to the supply of the Services and Materials to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any Services and/or Materials offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

6 Links to other sites

Certain links, including hypertext links, in our site will take you outside our Site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.

7 Copyright

7.1 All rights in the Materials and the Intellectual Property and the selection or arrangement thereof are the copyright of us or other third parties.

7.2 Permission is granted to:-

7.2.1 electronically copy and print one hard copy the Materials that expressly allow copying solely for training purposes.

7.2.2 If you are an independent training consultant but not otherwise you may use the Services to train your clients provided that all materials remain under your direct control and are not left or otherwise come into the possession of any of your clients.

7.3 Any other use of materials on our Site (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without our prior written permission is strictly prohibited.

7.4 You must forthwith give us notice and such further assistance as we may reasonably request of any infringement or suspected or threatened infringement of any of our intellectual property rights

8 No commercial use

8.1 Other than as provided in 11.1 above you shall not and shall not permit a third party to:-

8.1.1 display download store or print materials

8.1.1 copy the whole or any part of the material comprised in the Services

8.1.2 use the Services for any purpose other than training your employees

8.1.3 do anything to the material comprised in the Services which is an infringement of our rights

8.1.3 deface cover or remove any of our trademarks or logos on or associated with the Services

8.1.4 modify copy reproduce republish upload post transmit make available to any website or distribute by any means in any manner any of the materials except for your own personal non-commercial use

8.1.5 to circumvent security, tamper with, hack into or otherwise disrupt any of our computer system server website router or any other internet connected device

8.1.6 without limitation to the generality of the foregoing do such acts omissions or things as are regarded as an infringement pursuant to the Copyright Designs and Patents Act 1988 and/or the trademarks Act 1994 or such other equivalent successor or amended legislation from to time

8.2 You agree that you will use our site only for your internal business purposes and that you shall not exploit our site or any of its contents for any commercial purpose.

9 Confidentiality

You are solely responsible for all use of and for protecting the confidentiality of any username and password that may be given to you or selected by you for use on the Site. You may not share these with or transfer them to any other person. You must notify us immediately of any unauthorized use of them or any other breach of security that comes to your attention

10 Miscellaneous

10.1 The headings in these Conditions are for convenience only and shall not affect their interpretation.

10.2 No waiver by us of any breach of the Contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

10.3 If any provision of these Conditions is held by any competent authority to be invalid, unlawful or unenforceable in whole or in part then that provision shall be severed from the Conditions the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby and the parties shall use their reasonable endeavours to agree an equivalent but valid replacement provision.

10.4The contract between us shall be governed by and interpreted in accordance with the laws of England and Wales and the English courts shall have exclusive jurisdiction to resolve any disputes between us.

10.5 The Conditions are not intended to confer a benefit on any third party, whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise, and no third party shall have any right to enforce any of the provisions of the Conditions

11 THIRD PARTY LINKS

The Site provides links to other websites, the content of which is not within our control. Accordingly, we do not accept any responsibility or liability for the materials on such websites. Links to other sites are not to be taken as an endorsement of such other sites or as a warranty that they will be accurate, error and virus free and free of other harmful components and we do not accept any responsibility for such matters in relation to such other sites.

12 TERMINATION

We may terminate your access to the Site immediately and without notice if in our sole discretion you fail to comply with any of the Conditions. If we terminate your use of the Site do not, and do not attempt to, use it again.

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