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Positive Purchasing Returns Policy, Standard Software Licence Terms, Terms and Conditions for Public Courses and Standard Terms

The following provides access to our returns policy, online license policy and terms of service, and Terms and conditions for Public courses

RETURNS POLICY

Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately, we can’t offer you a refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases.

Additional non-returnable items:

  • Gift cards
  • Downloadable software products
  • Software licensed products


To complete your return, we require a receipt or proof of purchase.

Please do not send your purchase back to the manufacturer.

There are certain situations where only partial refunds are granted (if applicable)
Book with obvious signs of use CD, DVD, VHS tape, software, video game, cassette tape, or vinyl record that has been opened. Any item not in its original condition, is damaged or missing parts for reasons not due to our error

Any item that is returned more than 30 days after delivery refunds (if applicable)

Refunds (if applicable)


Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.

 

Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at orders@positivepurchasing.com.

Sale items (if applicable)
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at orders@positivepurchasing.com and send your item to: Positive Purchasing, Units 1 and 2 Mills Bakery, Plymouth, GB PL1 3GE.

Gifts
If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.

If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.

Shipping
To return your product, you should mail your product to: Positive Purchasing, Units 1 and 2 Mills Bakery, Plymouth, GB PL1 3GE.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

If you are shipping an item over £50, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

 

Positive Purchasing Ltd (“The licensor”) Terms and Conditions for online platforms

PARTICULARS APPLICABLE TO THIS LICENCE - will be confirmed after pruchase

Area Particulars
Online Platform to be provided  [Enter either Procleus, Red Sheet Online or Buyer’s Toolkit Online]
Customer name (individual or organisation as appropriate) “Licensee”
Address
Licence period [One year] from the Academy Start Date
Academy Start Date [1 February 2017]
Annual License Fee [£999 for a single Permitted User]
Additional User Fee (for an additional Users Group) [£999 for each Additional User]
Number of Permitted Users [One]
Renewal Automatic renewal notice and invoice supplied at least 30 days prior to renewal date. Renewal may be cancelled anytime within these 30 days.
Payment terms [30 days] from date of invoice

 

These Standard Software Licence Terms in their entirety form the license agreement (“Licence”) between Positive Purchasing Ltd and any customer whether an individual or organization that has entered into a legally binding contract with Positive Purchasing Ltd (“Licensee”) for subscription access to a Positive Purchasing Ltd online platform such as Procleus, Red Sheet Online or Buyer’s Toolkit Online (“Online Platform”).

By using the Software, the Licensee acknowledges that it has read understood and agrees to be bound by the terms and conditions of this Licence including the limitations of liability set out in it. The Licensee also agrees that this Licence is the complete and exclusive statement of agreement between the parties in relation to the Licensee’s use of the Software and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the same.

INTRODUCTION

The Online Platform is a specialist on-line learning, toolkit and resources platform. The platform comprises a unique, secure, Internet hosted entity, made up of software that is exclusively owned by Positive Purchasing Ltd and third party owned proprietary software that is licensed to Positive Purchasing Ltd and used entirely within the scope of the agreed license. The Online Platform is a subscription based offering and a proprietary standard package with access limited to named users. The Online Platform contains materials and intellectual property in various forms and media that are owned entirely by Positive Purchasing Ltd with the exception of any intellectual property from a third party that are placed on the Online Platform (here ownership remains with the original owning entity). Permitted Users of the Online Platform are granted a license to use the Positive Purchasing Ltd owned and/or licensed materials that are placed on to the Online Platform, including any materials downloaded, so long as a valid subscription remains in place and the use is within the agreed reasonable terms of use.

INTERPRETATION

In this Standard Software Licence Terms:

(Fees):

“Additional User Fee” means the one-off fee per Permitted User in excess of one, as notified to the Licensee prior to the Licensee’s acceptance of this Licence, or such rate as is at the date of any increase in the number of Permitted Users usually charged by Positive Purchasing Limited to its customers for the Software;

“Annual Licence Fee” means annual fee payable each year of the licence as notified to the Licensee prior to the Licensee’s acceptance of this Licence, subject to revision from time to time as set out in this Licence;

(Other references):

“Equipment” means the Licensee’s personal computer and associated interface and display devices on which the Software is to operate locally, which the Licensee must ensure is in accordance with any minimum specification issued by Positive Purchasing Limited from time to time;

“Licensee” means the person, firm or company or other organisation accepting this Licence;

“Permitted Users” means the number of individuals agreed by Positive Purchasing Limited for which the Licensee may use the Software and which, in default of contrary agreement, is one;

“Software” means the Positive Purchasing Limited ‘Online Platform’ software product and documents and materials comprised in it in the form and version supplied by Positive Purchasing Limited to the Licensee, as amended or upgraded from time to time as provided for under this Licence;

“Use” means to access the Software through an online service hosted by or on behalf of Positive Purchasing Limited and to load any of the Software into the temporary memory (RAM) of the Equipment for the processing of the instructions or statements contained in the Software on the Equipment and to view, access or download video and audio content, information or documents, and to utilise by the Permitted Users for the Licensee’s internal business purposes only (which for the avoidance of doubt shall not include any sale or other distribution to any subsidiary or other group company of the Licensee or any other third party) the instructional and/or operational manuals and documents and materials relating to and comprised in the Software; for the avoidance of doubt, unless otherwise expressly provided in this Licence or by the written agreement of the Licensor, the right to ‘Use’ the Software does not include the right to store any part of the Software or the materials comprised within it on any medium accessible by Permitted Users, to photocopy any of it or them, or to allow any other person to view access download or otherwise use any of the materials comprised within the Software.

THE LICENCE

Positive Purchasing Limited (which reference includes its successors and assigns) hereby grants to the Licensee a non-exclusive, non-transferable licence to Use the Software on the Equipment only for the maximum number of and identified individual Permitted Users upon the terms and subject to the conditions contained in this Licence.

Permitted Users must be identified to Positive Purchasing Limited so that they may be issued their own unique login and security access information before making use of the Software. Login and security details may not be shared with or transferred to any other person.

In the event that a particular Permitted User ceases to have the Licensee’s permission to Use the Software (for example if the Permitted User ceases to be an employee or worker of the Licensee) the Licensee must notify Positive Purchasing Limited immediately and may nominate a replacement Permitted User for that individual, who will be issued their own login and security details by Positive Purchasing Limited. No person other than a Permitted User identified to the Licensor is permitted to use the Software or any of the materials comprised within it. Any unauthorised Use of the Software by or permitted by the Licensee is deemed to be a material breach for the purposes of this Licence.

Due to the administrative costs and time involved in setting up a new Permitted User account, no refund of any of the Annual Licence Fee or Additional User Fee will be made by Positive Purchasing Limited in the event that the licensee wishes to reduce the number of Permitted Users.

Where the Licensee wishes, after the commencement of the Licence of the Software, to increase the number of Permitted Users, it will be required to pay the then applicable Additional User Fee for each additional user that it wishes to operate on the Software.

Downloadable content including but not limited to Workbooks, Quick Reference Guides, Tools, Templates, forms and other materials comprised in the Software may be downloaded, saved on the Equipment only, and hard-copied by the Permitted User in the course of the Permitted User’s employment or engagement with the Licensee and solely for the internal business purposes of the Licensee.

It is the intention that the materials comprised in the Software are to be available for the information and benefit of the Permitted User to assist that individual in the carrying out of his or her duties, and not for distribution as templates or guides to other employees workers or agents of the Licensee. For the avoidance of doubt Use does not include any sale or other distribution to any subsidiary or other group company of the Licensee or any other third party and does not include the distribution of unworked or non-completed materials from the Software to other employees workers or agents of the Licensee and may not otherwise be copied or distributed save that completed materials may be circulated within the Licensee in accordance with the evident purpose of such materials.

If the Licensee requires more than one individual to work on or otherwise utilise any of the materials comprised within the Software, the Licensee will need to acquire a licence for more than one Permitted User in the form of a new or revised Licence.

In exercising this right the Permitted User may not alter the pre-populated content of Positive Purchasing Limited or remove or obscure any copyright notices or trademarks of Positive Purchasing Limited.

Where the Software is issued by Positive Purchasing Limited in any media for installation or back-up purposes, only one copy may be installed at any time on any equipment of the Licensee.

Unless otherwise confirmed by Positive Purchasing Limited to the Licensee in writing, Concurrent Use of the Software is not permitted by this Licence.

Unless otherwise confirmed by the Licensor to the Licensee in writing or expressly set out in this Licence, and unless earlier terminated as provided in this Licence, the license will continue for an initial period of one year from the date of payment of the first Annual Licence Fee or (if earlier) the date of first Use of the Software by the Licensee and will, subject to payment of the Annual Licence Fees, continue thereafter from year to year unless so terminated.

LICENCE FEE

This Licence is subject to the payment of the following fees:

(a)the Annual Licence Fee – yearly in advance of each year of the term of the License; and

(b)the Additional User Fees for each Permitted User in excess of one in advance within 7 days of the request for an additional user being accepted by Positive Purchasing Limited and in any event prior to such Permitted User being permitted to Use the Software.

Annual Licence Fees and all Additional User Fees in full within 7 days of their due dates unless otherwise agreed in writing by the Licensor will result in the Licensee not being licensed to Use the Software and is deemed a material breach for the purposes of this Licence.

The Annual Licence Fee may be subject to annual review by Positive Purchasing Limited upon not less than thirty (30) days prior written (which may be by email) notice to the Licensee before the commencement of the next year of the Term of the Licence. Such reviewed Annual Licence Fee will take effect on the commencement of the next year of the Term of the Licence unless the Licensee has notified Positive Purchasing Limited in writing (which may be by email) prior to such commencement date that it wishes to terminate this Licence.

Without prejudice to any cancellation or refund/termination rights to which a consumer may be entitled under the Consumer Rights Act 2016 in the United Kingdom and other applicable mandatory legislation in other parts of the world, termination of this licence part-way through any year of the term of this licence will not entitle the Licensee to any refund of the Annual Licence Fee paid for that year.

All charges referred to in this Licence are exclusive of and net of any taxes, duties or such other additional sums including (without prejudice to the generality of this provision) value added tax, excise tax, import or other duties, and whether levied in respect of this Licence, the Software, its use or otherwise and the Licensee will be liable to pay all such sums.

DISABLING OF THE SOFTWARE

Positive Purchasing Limited reserves the right to operate a system whereby ‘unlock codes’ may be required by licensees for their Software to continue to function or disabling codes may be sent to licensees’ equipment to prevent the unauthorised use of the Software. Such systems are intended only as a means of preventing software piracy and other unauthorised use of the Software and the Licensee hereby consents to the use of such systems on its Equipment for this purpose.

TRAINING, SUPPORT, AND SOFTWARE ENHANCEMENT

Provision of training in the use of the Software is available from Positive Purchasing Limited for a separate charge at Positive Purchasing Limited’s then applicable hourly or daily rate. Fees for training will be payable in full in advance together with any VAT chargeable by Positive Purchasing Limited in respect of this.

Limited telephone and/or email support and the provision of such updates as are generally made available to Positive Purchasing Limited’s Licensees of the Software are supplied free as part of the Annual Licence Fee. Positive Purchasing Limited reserves the right to refuse support at its discretion.

The scope of the support service that Positive Purchasing Limited currently provides comprises a telephone and email first level technical support and fault reporting service during the hours of 9am to 5pm London time [Monday to Friday][excluding bank holidays and public holidays in England] and does not include any form of hardware support, customisation, data entry, user data correction, programming or other development of the Software.

Telephone enquiries should be made to +44 1752 827969 or such other number as may be notified to the Licensee by Positive Purchasing Limited for this purpose.

The scope of support services available to the Licensee may, at Positive Purchasing Limited’s discretion, be varied or increased in the future and additional support and services offered either as part of the Annual Licence Fee or for additional charges.

LICENSEE'S UNDERTAKINGS

The Licensee undertakes to (and to ensure that each of its Permitted Users do):

not translate, adapt, vary, modify, disassemble, decompile or reverse engineer or make back-up copies of the Software or any part of it without the Licensor’s prior written consent or as permitted by applicable mandatory national laws or the express provisions of this Licence; specifications required to achieve interoperability of the Software with another software program are available from Positive Purchasing Limited on request;

not assign, transfer, sell, lease, rent, charge or otherwise deal in their rights under this Licence or use the Software on behalf of any third party;

not provide any specification or functionality details to, or make the Software or any part of it available for examination or study by, any third party; or

not remove or alter any copyright or trade mark or other proprietary notice on any part of the Software or other materials of the Licensor made available under or in connection with this Licence.

ensure that its Permitted Users who will use the Software are notified of this Licence and the terms hereof prior to such Permitted User using the same and that no other person shall be entitled to do so;

within 7 days after the date of termination expiry or other discontinuance of this Licence for whatever reason, destroy the Software and all updates, upgrades or copies, in whole and in part, in any form (including partial copies or modifications of the Software) in the possession or under the control of the Licensee.

So far as any of the acts mentioned above are permitted by any applicable mandatory national law, the Licensee may only any do such act to the extent and for the specific limited purpose stated in such applicable law.

Any breach of the provisions of this section is deemed a material breach for the purposes of this Licence.

LIMITED WARRANTY

The following warranties are given in addition to, and without prejudice to, any express or implied warranties for consumers under the Consumer Rights Act 2016 in the United Kingdom and other applicable mandatory legislation in other parts of the world.

Positive Purchasing Limited warrants that the Software will, in proper and lawful use by the Licensee, perform substantially in accordance with the functionality set out in the user guide for it supplied by Positive Purchasing Limited to the Licensee.

The Licensee acknowledges that software in general, including the Software, is not error-free and agrees that the existence of such errors will not constitute a breach of this Licence.

In the event that the Licensee discovers a material error which substantially affects the Licensee’s use of the Software and notifies Positive Purchasing Limited of the error within 90 days from the date of first Use of the Software (the “warranty period”) Positive Purchasing Limited will at its sole option either refund the Annual Licence Fee (whereupon this Licence will terminate) or within a reasonable period correct by patch or new release (at its option) that part of the Software which does not comply PROVIDED THAT such error has not been caused by any modification, variation or addition to the Software not performed or authorised by Positive Purchasing Limited nor by any corruption or incompatibility caused by any hardware or Software not provided or approved by Positive Purchasing Limited for the Use of the Software.

The refund of fees or correction of such error as provided above by Positive Purchasing Limited will satisfy and discharge Positive Purchasing Limited of all liability in respect of or arising as a result of such error.

WARRANTY DISCLAIMERS

Except as expressly set forth in this Licence, all products and services are furnished by Positive Purchasing Limited and accepted by the Licensee “as is,” without any warranty whatsoever and Positive Purchasing Limited does not warrant that the products and services provided hereunder will meet the Licensee’s particular requirements

The internet is not 100% secure or reliable and access to the software and transmission of data to and from the Software will involve transmission through one or more inter-connectivity service providers. Accordingly Postive Purchasing Limited does not warrant that the use of the Software will be uninterrupted or error free.

Availability or functionality of the Software may also be interrupted or limited, without liability of Positive Purchasing Limited, for the purposes of planned maintenance as notified in advance to the Licensee (which may be via the hosting site for the Software or by email) and non-planned emergency maintenance.

All other warranties, express or implied, including any warranties of or against interference with the enjoyment of the infor­mation, infringement, accuracy, compatibility, integration, title, suitability, quality or fitness for any particular purpose are specifically excluded and disclaimed by the Licensor. This is without prejudice to any express or implied warranties for consumers under the Consumer Rights Act 2016 in the United Kingdom and other applicable mandatory legislation in other parts of the World.

Except as expressly pro­vided in this Licence, the entire risk as to the quality and perform­ance of the products and services provided and the accuracy or quality of the information transmitted or received via the prod­ucts and services is with the Licensee.

LIMITATION OF LIABILITY

Positive Purchasing Limited does not exclude liability for death or personal injury to the extent that the same arises as a result of the negligence of Positive Purchasing Limited, its employees, agents or authorized representatives and nothing in the following provisions is to be deemed to have that effect.

The Licensee acknowledges that the Software is designed to perform certain data recording and display functions based on data entered into it by the user and that all forecasts and other results generated by the Software are statistical and formulaic, based on user criteria and data, and are not intended to be relied upon as providing any form of prediction warranty or other assurance as to the matters to which they relate.

The Licensee accepts that Positive Purchasing Limited will have no liability to the Licensee or any other person for any loss or damage whatsoever or howsoever caused arising directly or indirectly from or in connection with the Licensee’s or its Permitted User’s or any other person’s reliance on the Software in determining any aspect of its or their business except to the extent that such liability may not be lawfully excluded under applicable laws.

Positive Purchasing Limited accepts no liability to the Licensee or any Permitted User or any other person for any loss or damage arising from or in connection with any inaccurate incomplete or erroneous data entry or other mis-use of the Software, any fault or problem with any third party inter-connectivity provider not within the control of the Licensor, or any hardware or software fault or incompatibility of the Licensee’s IT systems.

Without prejudice to the generality of the above exclusions and limitations, Positive Purchasing Limited expressly excludes liability for indirect, special, incidental or consequential loss or damage (including loss of goodwill, loss of opportunity, loss of anticipated savings or profits, and management and administration time) which may arise in respect of the Software or its use or any other services provided by Positive Purchasing Limited under or in connection with this Licence.

In the event that any exclusion or limitation of liability contained in this Licence is held to be invalid for any reason and Positive Purchasing Limited becomes liable for loss or damage that may lawfully be limited, such liability will be limited to the amount of the Annual Licence Fee paid by the Licensee for the year (or years) to which the claim relates together with any Additional User Fees paid by the Licensee during that period.

The Licensee acknowledges that if it requires a greater degree of protection it has the opportunity before entering into this Licence to request and negotiate with Positive Purchasing Limited alternative provisions and/or require suitable insurance protection, though for which Positive Purchasing Limited may revise the amount of the Annual Licence Fee and Additional User Fees to cover its additional costs (including insurance premiums) and risks.

The Licensee acknowledges that Positive Purchasing Limited has set its prices and entered into this Licence in reliance upon the Warranty Disclaimers and Limitation of Liability set out above in this Licence, and that the same form an essential basis of the bargain between the parties. The parties agree that the Limitation of Liability specified in this Licence will survive and apply even if the Warranty Disclaimers or any limitation of remedies is found to have failed any of its essential purpose.

COPYRIGHT, PATENTS, TRADE MARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS

The Licensee acknowledges that any and all of the copyright, trademarks, trade names, patents and other intellectual property rights subsisting in or used or in connection with the Software including all documentation and manuals relating thereto are and remain the sole property of Positive Purchasing Limited or its licensors.

CONFIDENTIAL INFORMATION

All information, data, drawings, specifications, documentation, software listings, source or object code which Positive Purchasing Limited may have imparted and may from time to time impart to the Licensee relating to the Software (other than the ideas and principles which underlie the Software) is proprietary and confidential. The Licensee hereby agrees that it will use the same solely in accordance with the provisions of this Licence and that it will not at any time during or after expiry or termination of this Licence, disclose the same, whether directly or indirectly, to any third party without Positive Purchasing Limited’s prior written consent.

Subject only to the specific limited provisions set out in this Licence, the Licensee further agrees that it will not itself or through any subsidiary, agent or third party use such confidential information to copy, reproduce, translate, adapt, vary, modify, decompile, disassemble or reverse engineer the Software nor will the Licensee sell, lease, license, sub-license or otherwise deal with the Software or any part or parts or variations, modifications, copies, releases, versions or enhancements thereof or have any software or other program written or developed for itself based on any confidential information supplied to it by Positive Purchasing Limited.

The foregoing provisions will not prevent the disclosure or use by the Licensee of any information which is or hereafter, through no fault of the Licensee, becomes public knowledge or to the extent permitted by law.

DATA PROTECTION

Positive Purchasing will comply with all applicable requirements of current data protection legislation including the Data Protection Act 1998 and the General Data Protection Regulation ((EU) 2016/679) (“GDPR”) in force from time to time and any applicable national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then any replacement legislation in the UK to the Data Protection Act 1998 and the GDPR.

At all times Licensee’s personal data will be treated in accordance with Positive Purchasing’s Privacy Notice, which is incorporated by reference into this agreement and can be viewed at: [insert weblink to privacy notice].

Positive Purchasing may also hold and process non-sensitive data relating to Licensee’s staff and other delegates so far as is necessary for legal, personnel, administrative and management purposes in connection with the provision of Positive Purchasing’s services and administration of their business. The Licensee must ensure that they have the necessary authority to provide this consent.

FORCE MAJEURE

In this section Force Majeure means any circumstances beyond the reasonable control of a party (including, without limitation, any strike, lock-out or other form of industrial action).

If either party is affected by Force Majeure it will forthwith notify the other party of the nature and extent thereof.

Neither party will be deemed to be in breach of this Licence, or otherwise be liable to the other, by reason of any delay in performance, or non-performance, of any of its obligations hereunder to the extent that such delay or non-performance is due to any Force Majeure of which it has notified the other party in writing and the time for performance of that obligation will be extended accordingly.

TERMINATION

In addition to any other provisions for termination as provided in this Licence, Positive Purchasing Limited may by notice in writing to the Licensee terminate this Licence if the Licensee is in breach of any term, condition or provision of this Licence or applicable law and the breach is a material breach or one that cannot be remedied or the Licensee fails to remedy the breach (if capable of remedy) within 30 days of having received written notice from Positive Purchasing Limited specifying the breach.

The licensee may terminate this licence at any time without cause on notice in writing (which may be by email) to the Licensor. Without prejudice to any cancellation or refund/termination rights to which a consumer may be entitled under the Consumer Rights Act 2016 in the United Kingdom and other applicable mandatory legislation in other parts of the world, no refund of any fees payable under this licence will be payable upon such termination.

Termination, howsoever or whenever occasioned will be subject to any rights and remedies Positive Purchasing Limited may have under this Licence or under the applicable law.

ASSIGNMENT

The Licensee will not assign or otherwise transfer all or any part of the Software or this Licence without the prior written consent of Positive Purchasing Limited which consent will not be unreasonably withheld in the case of the transfer of the whole or a substantial part of the Licensee’s business.

WAIVER

Failure or neglect by either party to enforce at any time any of the provisions hereof will not be construed nor will be deemed to be a waiver of that party’s rights hereunder nor in any way affect the validity of the whole or any part of this Licence nor prejudice that party’s rights to take subsequent action.

SEVERABILITY

In the event that any of these terms and conditions or provisions will be 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.

LAW AND JURISDICTION

The parties hereby agree that the Licence concluded between them and constituted on these terms and conditions will be construed in accordance with English law and the parties agree to subscribe to the exclusive jurisdiction of the English court.

LEGAL NOTICES

The Software is protected by copyright and international treaties. Unauthorised reproduction of Software, wholly or partially, may result in civil and criminal penalties.

© 2011-2018 The Software is the copyright of Positive Purchasing Limited (registered in England and Wales, Company number 04756992. ALL RIGHTS ARE RESERVED

 

 

TERMS OF SERVICE


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OVERVIEW

This website is operated by Postive Purchasing Store. Throughout the site, the terms “we”, “us” and “our” refer to Postive Purchasing Store. Postive Purchasing Store offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Postive Purchasing Store, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Postive Purchasing Store and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Units 1 and 2 Mills Bakery Plymouth GB PL1 3GE.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at orders@positivepurchasing.com.

 

© 2011-2017 The Software is the copyright of Positive Purchasing Limited (registered in England and Wales, Company number 04756992.  ALL RIGHTS ARE RESERVED.

 

TERMS AND CONDITIONS FOR PUBLIC TRAINING COURSES

Terms and Conditions for Public Training Courses

The following terms and conditions apply to public or open courses run by Positive Purchasing Ltd of Units 1&2 Mills Bakery, Royal William Yard, Plymouth PL1 3GE, a company registered in England and Wales with the number 4756692. These terms and conditions shall apply and take precedence for delegates attending any public course we run unless we agree alternative terms with you.

Booking Procedure for Public Courses run by Positive Purchasing Ltd

  1. A binding agreement subject to these terms and conditions will be made as between you and Positive Purchasing Ltd when:
    1. we receive a purchase order by post or email;
    2. we receive a completed booking form by post, e-mail or made via our online store;
    3. you book a course over the telephone paying in full.
  1. Where you expressly state that any booking is provisional, then we will hold any such provisional booking pending for one week until you confirm that booking. You can confirm your booking by completing one of the actions specified in condition 1 above.
  1. Where you make a booking on behalf of a corporate entity, you and the corporate entity will be bound jointly and individually to the agreement. Where you make a booking on behalf of the corporate entity you warrant that you have the authority of the corporate entity to do so.

 

Payment Terms

  1. You will be sent confirmation of your booking, with an invoice by e-mail. Where you have already paid the course fee as part of the booking procedure we will provide a receipted invoice.
  1. Where payment has not been made during the booking procedure, the invoice must be paid within 15 days of the date of the invoice, or no later than the working day before the booked course, whichever shall be the earlier.
  1. We reserve the right to refuse entry to the course where payment has not been received in full.

 

Cancellation and Postponement Policy

  1. If you seek to cancel your attendance for any course being organised by us, it is likely we will incur irrecoverable costs and expenses and loss of profit.

 

  1. Accordingly, once a booking has been made, you are entitled to cancel the booking subject to the following:
  2. If we receive a notice of cancellation from you more than 30 working days prior to the scheduled start date of the course, you must pay 30% of the course fee. If you have already paid the full fee, you will be entitled to a credit of 70% of the course fee.
  3. If we receive a notice of cancellation from you less than 30 working days prior to the scheduled start date of the course, but more than 15 working days before the scheduled start date of the course, you must pay 50% of the course fee. If you have already paid the full fee, you will be entitled to a credit of 50% of the course fee.

  4. If we receive a notice of cancellation from you less than 15 working days before the scheduled start date then the whole of the course fee remains payable.

Under conditions a and b above, no monetary refunds will be given, only course credits.

  1. If you cancel a course and are entitled to receive a credit this may be used towards any future public course run by Positive Purchasing Ltd within 12 months of the receipt by us of the notice of cancellation from you.
  1. Any notice under condition 7 must be sent by e-mail to team@positivepurchasing.com and will only be effective when it is received by us.
  1. Whilst we try to ensure all public courses run as scheduled, sometimes it is necessary to postpone a course if there are insufficient numbers to run the course or for other operational reasons. We may postpone the course by notifying you by email and offering you alternative dates for the course. You may either accept these new dates by notifying us by email, in which case you will have been deemed to have booked a new course. Alternatively, you may inform us that you no longer wish to take the course by notifying us via email and you will be entitled to a full refund of the fees you have pre-paid for that course. We accept no liability (other than to provide a refund in accordance with this condition) if, for whatever reason, the course is postponed or fails to take place.
  1. We reserve the right to vary or cancel any course if in our opinion circumstances so require. Should the course be varied or cancelled, you will be entitled to a full refund of the fees you have pre-paid for that course. We accept no liability (other than to provide a refund in accordance with this condition) if, for whatever reason, the course fails to take place.
  1. We reserve the right to review our fees and booking terms and conditions as and when appropriate on notice to you. Should our fees and booking terms and conditions be varied to your detriment you will have the option to cancel your booking for the course and we will refund the fees you have pre-paid for that course. We accept no liability (other than to provide a refund in accordance with this condition) if you cancel your booking in accordance with this condition.

 

Attendance Policy

  1. If you have booked a course you are entitled to substitute the delegate booked onto the course for another delegate by advising us by email at least 5 days prior to the event.
  1. Where the course duration is more than one day, and you are absent from the course for one or more of those days, we reserve the right to refuse entry to the remaining days. In such circumstances, and for the avoidance of doubt, you will not be entitled to a refund of any of the course fees or to transfer to another course in order to take up the days you have missed without the written consent of Positive Purchasing Ltd. Should such consent be given and a transfer agreed, we reserve the right to make a reasonable charge for such transfer to cover any differences in the costs of the course and our administrative costs of dealing with the transfer.

 

Intellectual Property

  1. During the course you will be provided with hand-outs and other supporting materials. Please note that we retain ownership of all intellectual property and other rights in all information and materials developed by us or on our behalf and no assignment of any such rights is to be implied. This includes but is not limited to all copyrights and trademarks and other intellectual property rights in all training manuals, workbooks, quick reference guides, tools, template documents and all other works that we may provide to you, in electronic or hardcopy format.
  1. The information and materials provided to you as part of a training course is provided solely for the purpose of enabling you to make use of the learning and materials following the course. You agree that you may not, without our express written permission, make any copies of, publish, distribute or modify (except for data entry onto any template provided where reasonably expected) any of the proprietary information and materials provided by us without our consent.
  1. You may not remove the copyright, trademark and other proprietary notices contained on or in any information and materials that we deliver to you or from any copies of them.
  1. Please note that unless we agree otherwise with you training materials are not available in electronic format.

 

Travel and Accommodation

  1. Unless we state otherwise in our course prospectus the course fees include the cost of the training venue and refreshments during the training days including lunch for each full day. They do not include other meals, your travel costs or the costs of your accommodation which are your responsibility.

 

Limit of Liability

  1. Save in respect of liability for personal injury or death caused by the negligence of that party or its employees or for fraud (each of which liability is not limited or excluded by these terms) Positive Purchasing Ltd will not be liable in tort or for any breach of contract or negligence or otherwise:
  2. for any damages, costs, liabilities, expenses (including, without limitation, legal fees) or settlement amounts incurred by you or any third party or otherwise occasioned to any person acting, refraining to act, or omitting to act, in reliance on the course material, or the presentation of the course; or

  3. for any loss or consequential loss

to the extent permitted by law.

  1. Consequential loss shall be deemed to include, but shall not be limited to: loss of profits or anticipated profits; loss of business, anticipated business or anticipated savings; damage to reputation or goodwill; and any claim made by any third party for damages, costs or expenses; costs incurred as a result of loss of time, loss of data, regardless of the form of action, whether in contract, tort, negligence, strict product liability, or otherwise, even if that party has been informed of the possibility of any such damages in advance.
  1. Save in respect of liability for personal injury or death caused by Positive Purchasing Ltd’s negligence or that of its employees or for fraud (each of which liability is not limited or excluded by these terms), Positive Purchasing Ltd’s aggregate liability to you under in respect of any course whether in tort or for breach of contract or warranty, strict liability, negligence or otherwise shall not exceed the aggregate of the course fees paid by you for the course or booking the subject of the claim.

 

Confidentiality

  1. We acknowledge that in the course of your attending our training course, we may have access to your confidential information, including information relating to your customers and suppliers. This includes information of a confidential nature in whatever form, including written, oral, visual and electronic information relating to your and your customers’ and suppliers’ business, affairs and finances.
  1. We appreciate the importance of maintaining client confidentiality and confirm that we will not, without your written consent or unless required by court order or by law, use or disclose to any third party any of your confidential information other than in the proper course of our provision of services to you. We will also ensure that our staff who have access to your confidential information are aware of its confidentiality. 
  1. Please note that this commitment does not apply to any information which is already in, or comes into, the public domain otherwise than through our unauthorised disclosure or which we acquire independently from a third party in circumstances not subject to a duty of confidentiality.

 

Data Protection

  1. We will comply with all applicable requirements of current data protection legislation including the Data Protection Act 1998 and the General Data Protection Regulation ((EU) 2016/679) (“GDPR”) in force from time to time and any applicable national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then any replacement legislation in the UK to the Data Protection Act 1998 and the GDPR.
  1. At all times your information will be treated in accordance with our Privacy Notice, which is incorporated by reference into these Terms and Conditions for Public Courses and can be viewed at: positivepurchsaing.com/privacynotice
  1. We may also hold and process non-sensitive data relating to you, your staff and other delegates (where applicable) so far as is necessary for legal, personnel, administrative and management purposes in connection with our provision of the services and our administration of our business.  Please ensure that you have the necessary authority to provide this consent.