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Terms of Business - Purchasing from the Website of a mind to perform (AMTP)

1 Definitions

1.1 In these terms and conditions, the following shall have the following meanings:
"Client" means any person or organisation purchasing AMTP's Materials.
"Materials" means any materials, including Restricted Materials, consultancy, training, presentations and coaching whether printed materials or recorded on any other medium (such as video, DVD, CD-ROM or other software program);
"AMTP" means A mind to perform Ltd.
"Registered User" means a person who has successfully subscribed to the AMTP Restricted Materials.
"Restricted Materials" means any materials contained within the Members Area of the Website
"Trademarks" means all the registered and unregistered trademarks used by AMTP in the course of business.

1.2 The headings in these terms and conditions are for convenience, and do not affect their interpretation.

1.3 AMTP reserves the right to change these terms and conditions at any time without prior notice to you, so please check them regularly.

1.4 In the event of any conflict between these terms and conditions (as displayed on our website) and those in our printed materials or elsewhere, these terms and conditions (as displayed on our website) shall prevail.

2 Changes to products, services and prices

Prices and specifications of Materials and services are correct at the time of publication or notification on the website or other relevant literature, but are subject to change without notice. Materials and services may also be withdrawn without notice.

3 Supply of product

Where the Customer is based outside Europe, please note that materials will only be supplied in English language.

4 Use of the Materials

4.1 Purchases of Restricted Materials must be made by or on behalf of an identified Registered User who is qualified to use the Restricted Materials and has registered with AMTP in accordance with its registration procedures.

4.2 In order to be registered, a user must have successfully completed the appropriate registration details.

4.3 To establish which Materials an individual is qualified to purchase, the full registration form must be completed online along with the appropriae fee.

4.4 Restricted Materials must be used in compliance with the Guidelines. The Guidelines may be changed from time to time to reflect the most recently accepted practices. AMTP reserves the right to refuse to supply Restricted Materials if a Client fails to comply with the Guidelines.

5 Ordering

5.1 Any order placed by the Client will be deemed to be an offer by the Client to purchase the Materials subject to these terms and conditions.

5.2 No order placed by the Client will be deemed accepted by AMTP until such fees are received.

5.3 When ordering Restricted Materials, the Client must quote the name of the Registered User. Orders may be refused if the delivery address is not that relating to a Registered User.

5.4 Where the materials ordered include computer software, the Client accepts that it is entitled to use the software only in accordance with the applicable software licence (the terms of which are incorporated into these Terms of Business), a copy of which is available upon written request.

6 Dispatch of orders

Subject to availability, AMTP normally dispatches standard (non-personalised) Materials within 48 hours of receipt of any order that AMTP accepts. However, under no circumstances will the Client be permitted to cancel the order for non- or late delivery unless the procedure in clause 11 (Claims) has been followed.

7 Shipping and packaging

Standard delivery charges to cover postage and packaging will apply to all Materials other than computer delivered materials; if the Client requires guaranteed next day delivery or delivery outside the UK, please contact AMTP's Customer Support Team.

8 Orders for non-stock items

Orders for Materials that do not appear in the AMTP product list or website are priced on a case-by-case basis. Please contact AMTP's Customer Support Team for a quotation. Dispatch of non-stock items is normally possible within four weeks.

10 Payment

10.1 If a Client is not an authorised account holder, all orders must be paid for in full prior to shipment.

10.2 At a Client's request, or where an order is sent in without a cheque or credit card details, AMTP will issue a pro-forma invoice against which payment may be made. When full payment is received, AMTP will process such orders and provide the Client with an official, receipted invoice.

10.3 Payment will be in pounds sterling (£).

11 Claims

11.1 All claims should be made in writing to AMTP's Customer Support Team, quoting the invoice and customer account numbers:
(a) Within three days of receipt of Materials in respect of damage or discrepancies between Materials ordered and Materials received;
(b) Within 21 days of dispatch in respect of non-delivery;
(c) Within one calendar month of dispatch in respect of defective Materials.
11.2 AMTP's liability for non-delivery, incorrect delivery, or delivery of defective Materials will be limited, at AMTP's option, to replacement of the Materials free of charge or to a refund of the price of such Materials together with the price paid by the Client for the original delivery.

12 Return for refund or credit

12.1 AMTP will not accept any Materials for return without prior notice. To arrange return of Materials, contact the Customer Support Team, give the reason for the return and obtain a returns authorisation. AMTP will not accept any Materials for return unless the Client contacts AMTP's Customer Support Team within one calendar month of dispatch by AMTP. Memberships, Computer and electronically supplied materials shall not be eligible for refund or credit.

12.2 In no circumstances will AMTP accept any Materials for return that are received more than two weeks from the date of returns authorisation, nor will any refund or credit be made in respect of Materials received by AMTP in a damaged or unsaleable condition. AMTP recommends that Clients send Materials by traceable means as, in cases of dispute over receipt of returned Materials, clients will be expected to provide proof of receipt by AMTP.

12.3 AMTP will not reimburse any shipping or delivery costs incurred to return Materials, unless these costs are agreed by AMTP in writing prior to shipping or dispatch. In the event of return of a partial order where an initial shipping or delivery charge has been made by us, AMTP will not credit this charge, but nor will AMTP charge it again if additional items are dispatched to correct an AMTP error.

12.4 For returns not made necessary by reasons that fall under 'Claims' above, a handling charge will be made to cover AMTP's costs. This handling charge will be 10% of the returned order value, subject to a minimum charge of £10 + VAT.

12.5 AMTP reserves the right to charge a handling fee as shown above on any return received without authorisation, irrespective of the reason for return.

13 Change of address

If the Client changes address, the Client must inform AMTP's Customer Support Team as soon as practically possible.

14 Client's obligations

The Client represents, warrants and undertakes that:

14.1 In the event that the Client is not also a Registered User, they shall ensure that only a Registered User uses the Restricted Materials, that they remain at all times in the possession and under the control of the Registered User and that the Registered User complies with the Guidelines;

14.2 The Client shall not, and shall ensure that the Registered User shall not, license, lend, exchange, give or otherwise dispose of Restricted Materials to third parties or act as agent, distribution channel or stockist of the Restricted Materials.

15 Intellectual property

15.1 All AMTP's products are protected by intellectual property rights (including trademarks, copyright, patents and design rights) and rights of confidence. Reproduction of these products in whole or in part, in any form, or their storage in a database or retrieval system, by any process, is prohibited except where expressly permitted by law or by licence.

15.2 The Client shall not reproduce, copy, vary or adapt the Materials by any means or in any way whatsoever, or enter or convert the same into any kind of information storage or retrieval system, including but not limited to any form of electronic or computer system.

15.3 The Client may not make use of data collected by means of Restricted Materials to create products for commercial sale or other commercial exploitation.

15.6 Copyright infringement of Restricted Materials damages the professional standards and credibility of the Materials. Also, loss of revenue ultimately means that fewer resources can be devoted to the continued development of Materials.

15.7 The Client acknowledges that the Trademarks, Copyright and Intellectual Properties are the property of AMTP, or AMTP's licensors, and that use of such by the Client will at all times be in keeping with these Terms of Business, and the Client will seek to maintain their distinctiveness and reputation.

15.8 The Client shall not use any mark or name confusingly similar to the Trademarks in respect of goods similar to the Materials.

18 Liability

AMTP's liability arising under or as a result of the provision or use of the Materials, whether in contract, tort, breach of statutory duty or otherwise, will not exceed the price paid by the Client for such Materials and their delivery. Nothing in these terms and conditions will exclude or limit AMTP's liability for death or personal injury, or for any fraud on AMTP's part, or for any liability that cannot be excluded by law. Subject to the foregoing sentence AMTP will not be liable for any indirect or consequential loss, loss of business, profit, revenue, data, affect or goodwill, or for lost or wasted time arising from the Client's use of the Materials (whether direct or indirect).

19 Exclusions

Any condition, representation or warranty that might otherwise be implied or incorporated within these terms and conditions by reason of statute or common law or otherwise is hereby expressly excluded to the fullest extent permitted by law.

20 Variation

20.1 AMTP will only supply the Materials in accordance with these conditions, to the exclusion of all other terms and conditions, including any that the Client attempts to apply under any purchase order, confirmation of order or any other document.
20.2 No variation of these terms and conditions requested by the Client shall be effective unless in writing and signed on behalf of AMTP by one of its directors.

21 Governing law and jurisdiction

These terms and conditions are governed by English law and you agree you will only sue us in the courts of England. The place of performance of the contract will be England.