Thank you for your interest in our products. Please read our terms relating to these carefully.
This page sets out the terms and conditions (Terms) on which we supply our Planning Packs (Planning Packs) listed on our website www.watertight-thinking.com or www.watertight-school to you. Please read these Terms carefully before ordering any Planning Packs from our site.
You should print a copy of these terms and conditions for your future reference. You will also be sent a PDF of these terms with your purchase.
1. Parties
1.1 Watertight Marketing Ltd incorporated and registered in England with company number 13579036 whose registered office is Unit 14 Greenway Farm, Bath Road, Wick, Bristol, United Kingdom, BS30 5RL (Licensor).
1.2 The person or entity which purchases one or more of our Planning Packs (Licensee).
2. Agreed Terms
2.1 Interpretation
2.1.1 The definitions and rules of interpretation in this clause apply in this licence.
Content: all text, information, data, software, executable code, images, performances, trainings, downloads, documents, audio or video material in whatever medium or form provided to the Licensee by the Licensor within the Planning Packs.
Derivative Work: original content that is based on the Content in the Planning Packs, such as a translation, musical arrangement, dramatisation, fictionalisation, motion picture version, sound recording, art reproduction, abridgement, condensation, summary, analysis, extract or any other form in which a work may be recast, transformed or adapted.
Effective Date: The date that the Licensor is given access to the Planning Packs.
Fees: the fees payable in respect of the licence of the Content contained within the Planning Packs.as set out in clause 6.
Intellectual Property Rights: all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and domain names, Trade Marks, patents, petty patents, utility models, design rights, semi-conductor topography rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off.
Trade Marks: any and all trade marks, trade names, service marks, word marks, trade dress, logos, urls or identifying slogans, whether or not registered.
Territory: Worldwide.
2.1.2 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
2.1.3 Writing or written includes faxes and e-mail.
3. Application of Terms & Conditions
3.1 These terms and conditions (“Terms”) apply to any of our Planning Packs offered by Watertight Business Thinking Ltd (“we” or “us”). By buying these products, you agree to the following Terms and that these prevail over any inconsistent terms or conditions contained, or referred to, elsewhere or as implied by law, trade custom, practice or course of dealing.
3.2 This agreement is between us and you (“you”), where you are employed by the business which will have the licence with us and you, as an employee of that business, are registering to buy one or more Planning Packs which is subject to these Terms. These Terms shall come into effect upon you purchasing one of our Planning Packs and us emailing you to confirm that purchase and sending you an invoice and shall continue until terminated in accordance with these Terms.
3.3 If you are purchasing online, the order process will be as follows:
3.3.1 fill in the form on our website stating which Planning Pack(s) you wish to purchase and completing other details on the form as required. The maximum number of Planning Packs that any person employed by an entity can purchase for the use by that entity is three.
3.3.2 submit the form which will be emailed to us.
3.3.3 we will send you an email confirming your purchase and send an invoice. This invoice needs to be paid before we will provide access to the Planning Pack(s) you have purchased.
3.3.4 Your order will be fulfilled within 48 hours of our receipt of your payment but in the event that our systems or processes do not work, please contact hello@watertight-thinking.com to advise us that the Planning Pack(s) have not been made available for access.
3.3.5 If at any stage you have made an error in your order, you may email us at hello@watertight-thinking.com to correct any errors.
4. Grant of Licence
4.1 Subject to clause 4.2, during the term of this licence, the Licensor grants to the Licensee a non-exclusive licence in return for the payment by the Licensee of the Fees as set out in clause 6,
4.2 You may:
4.2.1 support your clients to use these packs provided that you pay for a session with us (one per pack) to gain knowledge of what is contained in the packs and how you may use that knowledge.
4.2.2 direct your clients or contacts to purchase a licence for any packs directly from us.
4.2.3 provide support which may involve coaching in workshops run by your clients or asking questions in discussions, both of which may occur within the licenced organisation.
4.2.4 view, print, download, save, and store documents and pdf files to which you have access within the Planning Packs for your own use, provided that these materials are destroyed on expiry of the licence.
4.3 You may not:
4.3.1 run workshops using our materials for your clients.
4.3.2 support people, contacts or businesses who are not your clients. Such businesses or contacts would need to engage your services and buy a pack from us directly for you to be able to support their use of the packs.
4.3.3 use the template reports provided for use to the business with the licence; these templates are for use only with the business who has bought a licence direct from us.
4.3.4 use or exploit our resources to make money from these packs for example in engaging or advising your own clients, or in your own consulting business;
4.3.5 use with people outside of an organisation that has a current licence with us;
4.3.6 use our materials, workshop slides or slide guide to run workshops yourself for your clients.
4.3.7 share your log-in with anyone so they can access the product.
4.3.8 act as a mentor or coach using these materials with people outside of a licensed organisation;
4.3.9 convert pdf documents to new formats, edit or otherwise modify them;
4.3.10 create derivative works from any of our resources;
4.3.11 show our resources in public e.g. at talks or virtual sessions, distribute them or add them to your own website or intranet (even with attribution);
4.3.12 screen record or download any video and audio content
4.3.13 grant sub-licences, in whole or in part, of any of the rights granted under this agreement, or sub-contract any aspects of exploitation of the rights licensed to it.
4.3.14 use these Planning Packs as described other than in the business to which these Terms apply.
4.4 If there is any use you are making of our Planning Packs and the Content that is not covered by these Terms please contact us at hello@watertight-thinking.com. We are open to creative uses of our material.
5. Title and Intellectual Property
5.1 You shall only be entitled to use the Planning Packs when we receive full payment of all sums due in respect of the Packs.
5.2 As between us and you, all Intellectual Property Rights and all other rights in any Planning Packs shall be owned by us. Nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the Planning Packs or the content of the Planning Packs to you or to any other person.
5.3 In all cases, use of our diagrams, concepts, tools, exercises and any other materials contained with the Planning Packs remains our Intellectual Property and must be properly used with the © Watertight Marketing Ltd always on view.
5.4 You may not pass off any materials or content within the Planning Packs as your own work.
5.5 We will endeavour to ensure that all information that we provide within the Planning Packs is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.
5.6 You acknowledge that certain information contained in the Planning Packs materials is already in the public domain.
5.7 The provisions of this paragraph 5 shall survive termination of the Contract.
6. Price and Payment
6.1 Your payment to use the packs as described in clause 4 will be separately confirmed in any invoices we send you.
6.2 The price of any Planning Pack licensed directly by us to your clients will be as quoted on our site from time to time, except in cases of obvious error.
6.3 These prices exclude VAT except where expressly stated otherwise.
6.4 Where your order includes ongoing access to the materials (for any period stated in the Planning Pack, Confirmation or elsewhere), your access shall expire (and the Contract shall terminate) on the date falling on the expiry of such stated period. If you wish to continue to have access to the Planning Pack(s), you must renew your licence.
6.5 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already confirmed.
6.6 Payment for all Planning Packs must be by such method of payment as is specified on our website or the invoice.
6.7 As you are able to make use of the Planning Packs and downloads immediately, we do not offer refunds.
7. Our Obligations & Liability
7.1 Our Planning Packs are provided on an “as is” basis without any representations or endorsements made and without any warranty of any kind whether express or implied.
7.2 We warrant to you that the Planning Packs purchased from us are of satisfactory quality and reasonably fit for the purpose for which the Planning Packs are supplied.
7.3 The materials we deliver as part of the Planning Packs do not in any way constitute advice or recommendations. We shall not be liable for any reliance placed by you on the materials within the Planning Packs.
7.4 Other than as set out in paragraph 7.2 above, all warranties and representations are excluded to the fullest extent permitted by law.
7.5 If, for any reason, we are liable for any damages, our total liability shall be limited to the amount of the Planning Packs purchased.
7.6 By purchasing a Planning Pack, you agree that in no circumstance shall we be liable for any indirect, incidental, special or consequential damages, including, but not limited to:
7.6.1 loss of income or revenue
7.6.2 loss of business
7.6.3 loss of profits or contracts
7.6.4 loss of anticipated savings
7.6.5 loss of data, or
7.6.6 waste of management or office time
7.6.7 however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable arising out of or in any way connected with the use of a Planning Pack, under any law or on any basis whatsoever whether contractual or otherwise.
7.7 You acknowledge that your personal data will be processed by and on behalf of us as part of us providing the Programme to you in accordance with our Privacy Notice that you can view here.
8. Term and Termination
8.1 The Contract shall continue until the end of the period during which you have licensed the Planning Pack(s) when the Contract shall expire other than for the Terms that are specifically stated to remain in force.
8.2 On expiry of the licence you may not continue to use the materials unless you renew your licence.
8.3 On expiry of the licence you shall destroy all materials you have downloaded and used, including report templates, report samples, workshop slides, workshop handouts and worksheets, guides and any other documents in whatever form provided by us within the Planning Pack. You shall provide written confirmation that you have destroyed these materials and will no longer use them.
8.4 Notwithstanding the provisions of paragraph 8.1, either of us may terminate the Contract on written notice to the other with immediate effect if at any time:
8.4.1 The other commits any serious or repeated breach or non-observance of any of the provisions of these Terms; or
8.4.2 The other (i) makes a resolution for its winding up, (ii) makes an arrangement or composition with its creditors, (iii) makes an application to a court of competent jurisdiction for protection from its creditors, (iv) is unable to pay its debts, (v) ceases trading or an administration or winding-up order is made or an administrator or receiver is appointed in relation to such party, (vi) is declared bankrupt or (vii) is convicted of a custodial offence (other than a road traffic offence); or
8.4.3 The other party commits any fraud or dishonesty or acts in any manner which in the opinion of the terminating party brings or is likely to bring the terminating party into disrepute or is materially adverse to the interests of the terminating party.
8.5 Termination of this agreement shall not affect either of our accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this Contract, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
8.6 Any delay by us in exercising our right to terminate the Contract shall not constitute a waiver of our right to terminate or to seek any other remedy.
8.7 Paragraphs which expressly or by implication have effect after termination of the Contract shall continue in full force and effect after the date of termination of the Contract.
8.8 This paragraph 8 shall survive termination of the Contract.
9. Written Communications
You agree that our communication with you will be electronic and via email. We may however also provide you with information by posting notices on our site. You agree that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
10. Notices
All notices given by you to us must be given to Watertight Business Thinking at Unit 14 Greenway Farm, Bath Road, Wick, Bristol, Gloucestershire, United Kingdom, BS30 5RL. We may give notice to you at the e-mail address you provide to us when placing an order. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
11. Transfer of rights and Obligations
11.1 You may not transfer, assign or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
11.2 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
12. Events outside our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.
13. Waiver
13.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
13.2 A waiver by us of any default shall not constitute a waiver of any subsequent default
13.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
14. Severability
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15. Entire Agreement
15.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
15.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
15.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
16. Our rights to vary these terms and conditions
16.1 We have the right to revise and amend these terms and conditions from time to time.
16.2 You will be subject to the policies and terms and conditions in force at the time that you order Planning Packs from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the confirmation of access (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Planning Pack).
17. Law and jurisdiction
Contracts for the purchase of Planning Packs through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
