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Legal & Disclaimer

We know it can be a concern when ordering something through the internet or post from a company you've only just heard of.

At Skillsoft we've been providing products and services to the UK business community since 1992. We are used to dealing with people who demand the highest standards from their suppliers and we value our good reputation both for what we provide and how we provide it to you.

Please rest assured that your business will be dealt with efficiently and promptly.

Forewarning

The information, services and products provided by Skillsoft Limited on this web site are provided on an "as is" basis without warranties of any kind.

By accessing this web site you agree that Skillsoft Limited shall not be responsible for any content found on this web site or via this web site, including forums and downloaded material from this web site or found via this web site. Any material of any kind whatsoever is used entirely at your own risk and that you will be solely responsible for any damages to your computers or data as a result.

Skillsoft Limited does not provide any warranty that the use or performance of this web site will be timely, free of error, uninterrupted or that this web site or server will be free of viruses.

Any reliance you place upon any Materials or Products will be at your sole risk and it is solely your responsibility to ensure that the Materials and Products meet your requirements. In no event shall Skillsoft Limited its directors, officers, employees or agents be liable for any loss, direct or indirect injury, incidental, indirect, consequential whatsoever arising from the use of this web site, information, products or services even if the possibility of such damages has been advised to Skillsoft Limited. Skillsoft Limited will not be responsible for loss of profits or revenue.

All express and implied warranties including without limitation warranties of fitness for purpose or merchantability and non-infringement of proprietary rights are hereby disclaimed to the full extent of the law.

Earnings and Incomes Disclaimer

We make every effort to ensure that we accurately represent these products and services and their potential for income. Earning and Income statements made by our company and its customers are estimates of what we think you can possibly earn. There is no guarantee that you will make these levels of income and you accept the risk that the earnings and income statements differ by individual.

As with any business, your results may vary, and will be based on your individual capacity, business experience, expertise, and level of desire. There are no guarantees concerning the level of success you may experience. The testimonials and examples used are exceptional results, which do not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on his or her background, dedication, desire and motivation.

There is no assurance that examples of past earnings can be duplicated in the future. We cannot guarantee your future results and/or success. There are some unknown risks in all businesses that we cannot foresee which can reduce results. We are not responsible for your actions, inactions or transactions.

The use of our information, products and services should be based on your own due diligence and you agree that our company is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products and services.

Copyright

Copyright 2006 Loz Wilson Skillsoft Ltd. All rights reserved worldwide. No part of this website may be stored or reproduced by any means without the written permission of Skillsoft Limited in accordance with prevailing UK law. All other trade marks are acknowledged as belonging to their respective owners. All Rights Reserved. Reproduction without permission prohibited.

Unless otherwise stated any products or services sold by Skillsoft Ltd may not be given away or resold.

Fortunes First is a trade name of Skillsoft Ltd.

VAT

Skillsoft Limited is registered for VAT in the UK.

Taxes

All prices are inclusive of tax unless otherwise stated.

Terms and Conditions of Business

Terms and Conditions of Sale of products or service purchased from Skillsoft Limited

DEFINITIONS

1.1 "Buyer" means the organisation or person who buys or agrees to buy the Goods from the Seller;

1.2 "Buyer’s Purchase Order" means an order for Goods by the Buyer and acknowledged by the Seller in accordance with clause 2.2;

1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;

1.4 "Delivery Date" means the date specified by the Seller when the goods are to be delivered;

1.5 "Goods" means the articles that the Buyer agrees to buy from the Seller; unless otherwise stated the Buyer is purchasing the licence that grants them the right to use the article;

1.6 "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;

1.7 "Price" means the price for the Goods including VAT (if applicable) or any analogous sales tax, carriage, freight, postage or insurance costs; unless otherwise stated;

1.8 "Seller" means Skillsoft Limited of Unit 7, Brunel Close, Ebblake Industrial Estate, Verwood, Dorset, BH13 6BA;

1.9 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller;

1.10 Any reference to a statutory provision shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

CONDITIONS

2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions that the buyer may purport to apply under any purchase order, confirmation of order or similar document.

2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and shall only be accepted by means of the Seller’s standard acknowledgement form.

2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.

2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

2.5 The Buyer may upload Skillsoft Limited’s digital files onto their personal computer; make one backup copy of the electronic title(s) or section(s) for their personal use; print out one hard copy of the electronic title(s) or section(s) for their personal use.

2.6 The Buyer may not give away, copy, trade, lend out, sell or otherwise transfer the hard copy to any other person; transmit the electronic title(s) or any section(s) through e-mail; publish any part of any title on the Internet or other digital networks, such as cable transmission, or anywhere else or by any other means.

2.7 The Buyer agrees that upon termination of this agreement they will destroy all backups, hard copies and electronic files of the title(s) or section(s) that they have in their possession; that they will indemnify and hold harmless Skillsoft Limited, its subsidiaries and any of its employees, agents or intermediaries, for claims and damages including but not limited to the Buyer's failure to restrict access to the electronic title(s) or section(s); that they will take all possible steps to protect the electronic title(s) or section(s) from unauthorised use, sale, digital transmission or publication; that all proprietary rights including copyright in and to the title(s) or section(s) belong to the publisher or author, as noted; that this agreement is effective until terminated. The license will terminate without notice if the Buyer fails to comply with it.

PRICE AND PAYMENT

3.1 The Price shall be that in the Seller’s current List Price, or such other price as the parties may agree in writing. The Price is inclusive of VAT or any analogous sales tax, carriage, freight, postage or insurance costs, unless otherwise stated.

3.2 Payment of the Price and VAT and any other applicable costs shall be due within 30 days of the date of receipt of the invoice supplied by the Seller.

3.3 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 5.00% per annum above the base rate of Barclays Bank Plc from time to time in force.

THE GOODS

4.1 The quantity and description of the Goods shall be as set out in the Buyer’s Purchase Order.

4.2 The Goods shall be required only to conform to the specification in the Buyer’s Purchase Order. Images or photographs are for illustrative purposes only and may not exactly match the product itself.

DELIVERY OF THE GOODS

5.1 Unless otherwise agreed, delivery of the Goods shall take place at the address specified in the Buyer’s Purchase Order on the Delivery Date and the Buyer shall be deemed to have accepted the Goods upon their delivery. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

5.2 The Delivery Date specified by the Seller is an estimate only. Time for delivery shall not be of the essence of the Contract.

5.3 If the Seller is unable to deliver the Goods for reasons beyond its control, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.

5.4 The Buyer shall be entitled to replacement Goods where the Goods have been damaged during transportation. The Buyer must notify the Seller of the damage within 24 hours of delivery.

5.5 Risk shall pass on delivery of the Goods to the Buyer.

TITLE

6.1 The Seller warrants that it has good title to the Goods.

6.2 Title to the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.

GUARANTEE

7.1 Where the Goods have been manufactured by the Seller and are found to be defective, the Seller shall repair, or in its sole discretion, replace defective Goods free of charge, subject to the following conditions:

7.1.1 the Buyer notifying the Seller of the defect within 5 days of the defect becoming apparent;

7.1.2 such notice being served within 30 days of delivery;

7.1.3 the defect being due to the faulty design, materials or workmanship of the Seller.

7.2 Any Goods to be repaired or replaced shall be returned to the Seller at the Buyer’s expense.

7.3 Where the Goods have been manufactured and supplied to the Seller by a third party, any warranty granted to the Seller in respect of the Goods shall be passed on to the Buyer.

7.4 Subject to the Seller’s liability under Clause 6 and subject to Clause 8, the Seller shall be under no liability whatever to the Buyer for any loss (including loss of profit), costs, damages, charges or expenses incurred by the Buyer or for any loss or damage to or caused by the Goods.

7.5 Subject to this Clause 7 and to Clause 8, all other warranties, conditions or terms whether made expressly or implied by common law or by statute relating to use, quality, and/or fitness for purpose are excluded.

LIMITATION OF LIABILITY

8.1 Subject to Clauses 8.2 and 8.3, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods.

8.2 Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for breach of the warranties contained in Clause 6 or for breach of warranty as to title and quiet possession implied by the Sale of Goods Act 1979 where such Act applies to the Contract.

8.3 The electronic titles are being licensed "as is" without warranty, either express or implied, as to its performance, merchantability or fitness for any particular purpose or use. It is Skillsoft Limited's intention to supply information that is as accurate as possible in fact, detail, analysis and comment. However, the authors, any contributors, the publishers, the distributors and their representatives cannot be held liable for any inaccuracy and/or any error in detail or judgement whatsoever.

FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the Law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the Courts of England and Wales.