Terms and conditions of use
1.1 These terms and conditions shall govern your use of our website www.watertight.school.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
2.1 Subject to the express provisions of these terms and conditions:
(a) we own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3.Licence to use website
3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website:
(e) download documents and other files from our website that are specified on the website as downloadable, store and view them on your computer, and print copies of them subject to section 3.5 which prohibits usage for a commercial/consulting purpose;
(f) use our website services by means of a web browser; and
(g) all the above section 3.1 usages are subject to section 3.5 below which prohibits usage for a commercial/consulting purpose;
subject to the other provisions of these terms and conditions, and providing that you will have no right to access or use materials that are only available using purchased/subscription credits unless you have purchased/subscription credits and those credits have been allocated.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3 You may only use our website for your own business purposes; the courses on www.watertight.school are not a direct to consumer purchase.
3.4 You must not use our website for any other purposes including but not limited to using as a basis for providing marketing consulting services applying the course content.
3.5 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.6 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) use or create derivative works of any content
(e) exploit material from our website for a commercial purpose including but not limited to consultancy engagements; or
(f) redistribute material from our website.
3.7 Notwithstanding Section 3.6, you may redistribute our blogs and value add content we may distribute via email or other means to any person.
3.8 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4. Acceptable use
4.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
(h) share your login for any other person to use as per section 6.2 below.
5.Use on behalf of organisation
5.1 If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:
(a) yourself; and
(b) the person, company or other legal entity that operates that business or organisational project,
to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise.
6.Registration and accounts
6.1 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
6.2 You must not allow any other person to use your account to access the website.
7.User login details
7.1 If you register for an account with our website, you will be asked to choose an email user ID and password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 13; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You are advised to create a unique password for this site as a best practice approach to ensuring your overall data security.
8.Cancellation and suspension of account
8.1 We may:
(a) edit your account details;
(b) temporarily suspend your account; and/or
(c) cancel your account,
at any time in our sole discretion, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, you will be entitled to a refund of any amounts paid to us in respect of those services that were to be provided by us to you after the date of such cancellation; we will give you reasonable written notice of any cancellation under this Section 8.1.
8.2 You may cancel your account on our website in a few simple steps. You will not be entitled to any refund if you cancel your account in accordance with this Section 8.2.
9.Training course access purchase/subscription
9.1 To access a training course on our website, you must purchase/subscribe for credits after you have registered for an account with our website . We will send you an acknowledgement of your order at which point the contract between us for the supply of the website services shall come into force
9.2 You will have the opportunity to identify and correct input errors prior to making your order.
9.3 For so long as your account and subscription remain active in accordance with these terms and conditions and subject to the other provisions of these terms and conditions, you will have access to the course materials and website features specified on our website in relation to each training course for which you have allocated credits for 12 months from each course credit allocation.
9.4 Subject to the other provisions of these terms and conditions, if you have subscribed to a monthly subscription, the subscription will be automatically renewed and you must pay to us the applicable subscription fees, unless you cancel the subscription using the cancellation facility on our website before the date of renewal.
10.1 The fees in respect of our website services will be as set out on the website from time to time.
10.2 All amounts stated in these terms and conditions or on our website are stated exclusive of VAT.
10.3 You must pay to us the fees in respect of our website services in advance in accordance with any instructions on our website.
10.4 We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.
10.5 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
10.6 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of GBP 25.00 including VAT; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 10.6 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 10.6.
10.7 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.
10.8 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
11.Your content: licence
11.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
11.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
11.3 You grant to us the right to sub-license the rights licensed under Section 11.2.
11.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 11.2.
11.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
11.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
11.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
12.Your content: rules
12.1 You warrant and represent that your content will comply with these terms and conditions.
12.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
12.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be in breach of official secrets legislation;
(j) be in breach of any contractual obligation owed to any person;
(k) depict violence in an explicit, graphic or gratuitous manner;
(l) be pornographic, lewd, suggestive or sexually explicit;
(m) be untrue, false, inaccurate or misleading;
(n) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(o) constitute spam;
(p) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
() cause annoyance, inconvenience or needless anxiety to any person.
14.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
13.2 You can let us know about any such material or activity by email or using our abuse reporting form.
14.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
14.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
14.3 To the maximum extent permitted by applicable law and subject to Section 15.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
15.Limitations and exclusions of liability
15.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
15.2 The limitations and exclusions of liability set out in this Section 16 and elsewhere in these terms and conditions:
(a) are subject to Section 15.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
15.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
15.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
15.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
15.6 We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 15.6 shall not apply.
15.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 15.7 shall not apply.
15.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
15.9 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of:
(a) amount; and
(b) the total amount paid and payable to us under the contract.
16.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.
17.Breaches of these terms and conditions
17.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
17.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
18.Third party websites
18.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
19.2 We have no control over third party websites and their contents, and subject to Section 15.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
19.1 Our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
19.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
20.1 We may revise these terms and conditions from time to time.
20.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
20.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
21.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
21.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
22.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
22.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
23.Third party rights
24.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
23.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
24.1 Subject to Section 15.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
25.Law and jurisdiction
25.1 These terms and conditions shall be governed by and construed in accordance with English law.
25.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
26.Statutory and regulatory disclosures
26.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
26.2 These terms and conditions are available in the English language only.
26.3 Our VAT number is 939546477.
27.1 This website is owned and operated by Watertight Marketing Ltd..
27.2 We are registered in England and Wales under registration number 6664706 , and our registered office is at Unit 1, The Arcade 69 High Street, Nailsea, Bristol, England, BS48 1AW.
27.3 Our principal place of business is at 111 Gloucester Road, Bristol, BS7 8AT.
27.4 You can contact us:
(a) by post, using the postal address given above;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website from time to time; or
(d) by email, using the email address published on our website from time to time.
Terms of Business
You will be asked to expressly agree to these terms of sale before you place an order for products from our website.
In these terms of sale, “we” means Watertight Marketing Ltd (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
3. Order process
Your order is an offer to buy from us. There will be no contract of any kind between you and us unless and until we actually dispatch the goods to you. At any point up until then, we may decline to supply the goods to you without giving any reason. At the moment that the goods are dispatched, a contract will be made between you and us, and you will be charged for the goods in accordance with the procedure detailed below.
In order to enter into a contract to buy goods from us, you will need to take the following steps:
- (i) you must select the package you wish to purchase, and then proceed to the checkout;
- (ii) if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details;
- (iii) you will be transferred to the payment processor e.g. PayPal website, and PayPal will handle your payment;
- (iv) we will then send you an initial acknowledgement and
- (v) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors by reviewing your order in the PayPal checkout. You may correct those input errors before placing your order by returning to watertightmarketing.com and starting your order again. The only language in which we provide these terms of sale is English.
4. The products
Our products are designed for you to use within your own business and are based on copyrighted materials. You are not permitted to copy, distribute, re-use, re-purpose, sell or use them for any commercial or non-commercial activities without prior permission. You can licence our materials if you wish to do this.
Purchase of the product entitles you to 12-months usage unless otherwise stated. You will need to re-purchase for each period you wish to use them.
5. Price and payment
Prices for our goods are quoted on our website. The website contains a large number of goods and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product’s correct price will be stated when we confirm your order.
In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you order the product.
Payment must be made upon submission of the order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website do not include all value added taxes (where applicable).
Payment for all products must be made by any method detailed on the website from time to time.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
6. Your warranties
You warrant to us that:
- (a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
- (b) the information provided in your order is accurate and complete;
- (c) you will be able to accept delivery of the products;
- (d) you are resident in England or Wales; and
- (e) you are at least 18 years of age.
7. Delivery policy
We will arrange for the products to be delivered to the address for delivery indicated in your order.
We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days of the later of receipt of payment and the date of our order confirmation.
8. Risk and ownership
- The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
- (a) delivery of the products; and
- (b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).
We will be entitled to recover payment for the products even where ownership has not passed to you.
9. Statutory rights
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
If you cancel a contract and may be entitled to a refund as detailed in the specific product terms, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.
Limitations and exclusions of liability
Nothing in the terms of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979 or Part I of the Consumer Protection Act 1987; (d) limit any liability of a party in any way that is not permitted under applicable law; or (e) exclude any liability of a party that may not be excluded under applicable law. Any statutory rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the terms of sale.
The limitations and exclusions of liability set out in this Section:
- (a) are subject to the preceding paragraph; and
- (b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control.
We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12. General terms
Contracts under these terms of sale may only be varied by a document signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section 12: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
13. About us
- Our full name is Watertight Marketing Ltd.
- Our registered office isUnit 14 Bath Road, Wick, Bristol, Gloucestershire, United Kingdom, BS30 5RL.
- Our company registration number is 6664706.
- Our email address is [email protected]
- Our VAT number is 939-5464-77.
Last updated: 7th March 2020.