Terms and Conditions

THINGS TO KNOW WHEN USING OTCTOOLBOX

INTRODUCTION

Hello and thanks for visiting OTCToolbox. OTCToolbox is owned and operated by Source Publishing Limited. For details about us, please see the Contact section below.

When you use this site or buy from it, you are agreeing to the terms below on behalf of your business. For that reason, please read them as well as the related policies carefully to understand your business’ rights and responsibilities as well as our obligations to you.

These Terms are subject to change, so please check them to ensure you understand the Terms which will apply each time you buy from us. These Terms were most recently updated on 1st August 2019.

Before you place an order, if you have any questions, please contact us by emailing us at enquiries@otctoolbox.com or calling on +44 (0) 121 314 8757. Calls to us are charged at your telecom provider’s national or international rate, depending on where you are located.

 Date posted: 1st August 2019

 

USE OF THE SITE

Do I need to create an account?

Anyone can access this site. However, if you want to buy single publications, a subscription, a conference ticket or sign up to receive news alerts, you will need to register with us and create an account.

To create an account, please go to [account registration]

What are my responsibilities if I create an account?

  • To provide accurate, true and complete information. If you change any of your details, after you’ve opened your account, let us know by contacting us at enquiries@otctoolbox.com or call us on +44 (0) 121 314 8757.
  • To keep your password confidential. You will be held responsible for all activity on your account, so if you have concerns about use of your password, tell us straight away by contacting us at enquiries@otctoolbox.com or call us on +44 (0) 121 314 8757.

By creating an account, you are confirming that you are authorised to bind your company on these Terms.

Privacy Policy

We take your privacy very seriously. Please read our Privacy Notice to see how we handle the personal information that you provide to us.

Your promise to us

You promise to reimburse and refund us for any losses we, our agents or suppliers suffer (including reasonable legal fees) that arise out of any breach of these Terms by you or any other loss we may incur that arises out of your use of the site, or the use by any other person accessing the site using your personal information or through your account.

Our rights to make changes

We may at any time change:

  • the features or functionality of this site or withdraw it completely. If we do so, we will not be liable to you for any such change, except that if you have a subscription, we will provide you with a pro-rata refund of the unexpired part of your subscription and if you had purchased a conference ticket, we would refund you the price you paid;
  • the format in which the publications are made available or indeed any particular publication; and
  • these terms.

As a result, you should check regularly to see if there are any changes. You will be considered to have accepted any such change, if you continue to use the site or any of our publications, after the change.

Links

We may include links to third party sites on our site which we believe to be of interest to you, including links to conferences that are run by third parties. If you choose to click on a third party site through one of these links, we are not responsible for the content or the services offered on that site or their availability, (including any conference) that you book through those sites.

If you use a linked site, any personal information you give them will be dealt with in line with their privacy notice, not ours, so please read their privacy notice before you provide any personal information.

You may link to this site, provided:

  • you link to our homepage or industry news pages only;
  • our site is not loaded into frames on your website; and
  • your site or service does not misrepresent its relationship with us or present false information about us.

We reserve the right to withdraw linking permission at any time without prior notice.

BUYING FROM US

Am I eligible to buy from you?

To be eligible to buy individual publications, subscriptions to publications or tickets to our conferences you must:

  • be buying on behalf of your company
  • create an account with us
  • possess a valid credit or debit card issued by a bank acceptable to us, if you intend to pay online.

Publications

We describe each of our publications on our site and each publication is sold subject to that description.

Publications are either available in pdf format or viewable online. It is your responsibility to check you can access the publication and exercise your rights to use the publication in those formats before you place an order with us.

Subscriptions

Rather than buying access to individual publications, you may choose to buy an annual subscription, which will give you access to all our databases of publications.

We describe each of our subscriptions on our site and each subscription is sold subject to that description.

There are three types of annual subscription:

  • a single user licence
  • a multiple user licence (for up to 10 users); or
  • a global licence.

To understand the difference between these subscriptions and how you can use them, please see our User Licences section below.

How long does a subscription last?

If you buy a subscription and pay for it by credit/debit card online, then your subscription starts immediately and ends 12 months later.

If you buy a subscription online, but request an invoice to be sent to you, then your subscription starts when payment has been received and ends 12 months later.

None of our subscriptions automatically renew. We will contact you prior to expiry of your subscription to ask if you want to renew. If you do renew, except for the price, the terms of that renewal, will be on the same basis as set out in these Terms (as they may be changed from time to time), unless we let you know otherwise.

Conference tickets

We organise and run a number of conferences. We describe each of these on our site and attendance at any of those conferences is sold subject to that description.

However, for reasons beyond our control, it may prove necessary to change or amend the content or timing of our conferences. We will give you as much notice as we can of any such change.

At what point have I made a contract with you to buy a single publication, a subscription, or a conference ticket from you?

If you buy and pay by credit/debit card on our site, the following steps have to take place before a contract is made between us:

  • You place the relevant item in your shopping basket.
  • You click 'checkout' and after inputting/checking your billing details you click 'continue'.
  • You are then presented with your order, and asked to read and accept the Terms and Conditions. You then choose the 'pay by credit/debit card' button.
  • If your payment is processed, you’ll see an on-screen acknowledgement of your order. This is just an acknowledgement of your offer to buy the product. At this stage, we have not actually accepted your order.
  • Unless we have notified you that we do not accept your order (see Refusal of order section), we accept your order, and therefore the contract is made between us, when we provide you with access to the publication you have purchased or confirm the start of your subscription by way of an on-screen acknowledgement. We keep a record of the orders that you place with us in the ‘Your Account’ area, which you can view by logging-in to your account.
  • We will then email you an invoice/payment receipt.

If you select to buy a publication, a subscription or a ticket to any of our conferences on our site, but request an invoice be sent to you, the following steps have to take place before a contract is made between us:

  • You place the relevant item in your shopping basket.
  • You click 'checkout' and after inputting/checking your billing details you click 'continue'.
  • You are then presented with your order and asked to read and accept the Terms and Conditions. You then choose the 'pay by invoice' button.
  • We will send you a pdf invoice via the email address you supply to us.
  • We accept your order, and therefore the contract is made between us, once we have received payment in cleared funds to our account.

Refusal of order

We may decline your order for any reason, in which case we’ll send you an e-mail to let you know. If the reason for declining your order is because we cannot obtain authorisation of your payment details for any reason, then we may invite you to pay by another method.

Prices

Prices for publications and subscriptions are quoted exclusive of VAT. If you are based in the UK, VAT at the prevailing rate will be added to the amount payable by you.

Prices for tickets to our conferences are quoted exclusive of VAT. VAT will be added and is payable by all attendees. If you are based outside the UK, you may be able to recover the VAT.

Since the publications are in digital format only, there are no delivery charges.

Payment

If you are buying conference tickets, all payments must be received prior to the start of the conference.

Paying online

If you pay online, you will find the total cost of your order in your Shopping Cart, before you submit your order.

  • We currently accept various forms of payment via credit and debit cards. Please refer to our home page for details of the payment cards we currently accept. When placing an order, you confirm that the form of payment that you use to make payment to us is yours and that you have authority to place the order.
  • If you are buying online, we take payment from your card once you have entered your payment details and have clicked the ‘Confirm card details’ button, subject to card authorisation. If we are unable to supply the item you have ordered for any reason, we’ll let you know as soon as possible. We’ll give you a full refund if we have already taken payment for it.
  • All card payments are processed by SagePay. Please note that we do not see your payment details; these are handled by SagePay in accordance with their privacy notice available here: https://www.sagepay.co.uk/policies/privacy-policy.

Paying offline

  • If you request an invoice to pay offline, we will send you an invoice for your order which will include the total cost of your order.
  • You must pay within 30 days of the invoice date.

DELIVERY

How and when we deliver

Publications and subscriptions

If you order a publication or a subscription and pay for it online, we will give you immediate access to that item on screen and/or via your account, once payment has been authorised.

If you order a publication or a subscription and request an invoice, we will make the item available to you (via email and/or via your account) within seven working days of us receiving payment in cleared funds in our account.

Conference tickets

If you pay online for a ticket to attend any of our conferences, we will confirm your purchase immediately on-screen once payment has been authorised and will add you to the attendee list.

If you order a ticket to attend any of our conferences and request an invoice, we will send you an email confirming your purchase and add you to the attendee list within seven working days of us receiving payment in cleared funds in our account.

We make every effort to deliver your order within the above timescales however delays occasionally occur due to unforeseen circumstances. If we have to delay or cancel delivery/confirmation for any reason, we will try to contact you as soon as we are able to let you know when you can expect your order. We won’t be under any liability for any delay or failure to deliver the publications within the estimated timescales.

When do I become responsible for the ordered item?

In the case of publications, when it is made available to you.

In the case of a subscription, when our databases are made available to you to access.

In the case of conference tickets, if you buy online, when you receive an on-screen acknowledgement or you request an invoice, then when you receive confirmation from us via email.

When do I own the publication?

When you buy a publication from us or a subscription to access our publications, what you are buying is the right to use that publication(s) for your company’s internal business use only, in the way we explain in the relevant part of the User Licences section below. All references to "buying" or "purchasing" in these Terms or on our site describe the purchase of a licence under English law to access and use the digital content included in that publication, in line with these Terms.

CANCELLATION

Publications, subscriptions

You can’t cancel your purchase of a publication once it has been downloaded or any subscription once any of our publications or databases have been accessed.

Conference tickets

If you wish to cancel a ticket to a conference, you must inform us in writing.

No refunds will be made if you cancel any time within the 60 days before the conference date.

If you cancel between the time of booking and 61 days before the conference date, you will be charged a £50 administration fee.

FAULTY PUBLICATIONS

If you receive a corrupted, incorrect or incomplete copy of any publication, please let us know and we will send you a fresh copy. You will need to quote your order number and the details of the publication with which you are experiencing issues.

If you have suffered a loss of your publication through failure of your hardware device or other damage, we may, solely at our discretion, provide you with another copy of your previously purchased publication.

USER LICENCES

Publications and subscriptions

You can either choose to buy:

  • individual publications; or
  • an annual subscription for a single user licence; or
  • an annual subscription for a multiple user licence; or
  • an annual subscription for a global licence.

What you are permitted to do with the publications you access depends on which of the above you buy. We set out the relevant user licences (‘User Licence’) below. If you have any queries about them, please contact us at enquiries@otctoolbox.com before you buy.

Individual publications user licence

Subject to the restrictions below, you have the right to:

  • allow one individual at the entity buying the publication to download and store the publication on its company owned device, and print and view the publication accessed for its reference in connection with internal use at your company only;
  • incorporate insubstantial parts of the publication into reports written by that individual that is permitted access and to circulate such reports only within your company for your internal business use only;

Single user licence

Subject to the restrictions below, you have the right, from the start date of your subscription for a period of 12 months, to:

  • allow one individual at the entity buying the subscription access to all our publications across our databases;
  • to download and store publications on its company owned device, and print and view the publications accessed for its reference in connection with the internal use at your company only; and
  • to incorporate insubstantial parts of any publication into reports written by that individual and to circulate such reports only within your company for your internal business use only. You will need our written permission to incorporate more than this or to include it for external publication.

Multiple user licence

Subject to the restrictions below, you have the right, from the start date of your subscription for a period of 12 months, to either:

  • allow one individual at the entity buying the subscription to access all the publications across our databases and to download and store publications on its company owned device, and print and view the publications accessed for its reference in connection with the internal use at your company only; and
  • allow that single user to distribute individual publications to up to 9 other individuals at the same entity, all of whom are entitled to download and store the publications on their company owned devices, print and view the publications accessed for their reference in connection with internal use at your company only; and
  • to incorporate insubstantial parts of any publication into reports written by those 10 individuals in total and to circulate such reports only within your company for your internal business use only. You will need our written permission to incorporate more than this or to include it for external publication.

OR

  • allow ten individuals at the entity buying the subscription only, to access all the publications across our databases and to download and store the publications on their company owned devices and print and view the publications accessed in connection with internal use at your company only; and
  • to incorporate insubstantial parts of any publication into reports written by any of those ten individuals and to circulate such reports only within your company for your internal business use only. You will need our written permission to incorporate more than this or to include it for external publication.

Global licence

Subject to the restrictions below, you have the right, from the start date of your subscription for a period of 12 months, to:

  • allow an unlimited number of users across, not only the entity buying the subscription, but all other companies in your business’ group of companies worldwide, including all subsidiaries and parent companies to access all publications across our databases;
  • allow all those users to download and store the publications on the group owned devices and print and review the publications accessed in connection with internal use for your group’s business only;
  • include the publications into reports written by the individuals at your group companies and to circulate such reports only within your group for its internal business use only; and
  • post the publications, or include access to our databases on the intranet operated within your group of companies only.

Restrictions on User Licences for publications and subscriptions

You are not permitted to, nor are you permitted to allow others to, use any publication or any of our database in which they are made available in any way that is not expressly permitted in the relevant User Licence above. In particular:

  • unless expressly permitted in the relevant User Licence, none of the publications may be distributed or made available in any form, by any manner or for any purpose (whether commercial or non-commercial) to any individual or company outside your company or on any corporate intranet, extranet or other web-based product or service operated by or for your company.
  • no commercial re-distribution of any publication is permitted nor are you permitted to sub-licence or in any way transfer the rights granted above.
  • you are not permitted to re-create the whole or substantial part of any of our databases by making repeated and systematic copies of insubstantial parts of any of the publications available on them.
  • you will make any individual in your company, or in the case of a global licence, any individual in your group of companies, who uses a publication, aware of the rights and restrictions governing the access and use of the publications (as described above) and will be responsible for ensuring that all those individuals (and companies, in the case of a global licence) comply with them;
  • you will not remove any proprietary notices (e.g. any copyright or trade mark notices) included in the publications and where you use an extract from the publications (as permitted in the relevant User Licence), you will ensure that that extract is attributed to us, as follows: “© and database right Source Publishing Limited 20[//]. All rights reserved.”

User licence for unpaid for news alerts

If you sign up to receive news alerts from us for free, you are permitted to use the news that we send you in the following ways only:

  • to allow the individual at the entity that has signed up to receive the news alerts to view the news alert online for its own reference only, in connection with your internal business use.
  • to forward the news alerts to other individuals at the organisation you work for; and
  • to incorporate insubstantial parts of a news alert into a report written by that individual and to circulate such reports only within your company for its internal business use only. You will need our written permission to incorporate more than this.

You are permitted to link to our news stories that are published on our site, provided it is clear that the news stories are

You are not permitted to, nor are you permitted to allow others to use the news alerts in any way that is not expressly permitted in the User Licence for unpaid news alerts above.

INTELLECTUAL PROPERTY

The content of this site, including images, graphics, the software underlying the site and the publications and news alerts made available via it or by us off-line, are protected by copyright, trade marks, database and other intellectual property rights. They are made available for your internal business use only, in line with the relevant User Licence set out above.

In terms of the content (other than the publications and news alerts) displayed on our site, if necessary to place an order you may download the content onto one computer hard drive or print one copy of it for your non-commercial use, provided you keep intact all and any copyright and proprietary notices. Otherwise, you are not permitted to copy, modify or distribute or use any of the content on the site without our written permission.

No permission is given to use any of the trade marks appearing on this site, including without limitation the trade marks ‘OTCToolbox’, ‘Source Publishing’ or the trade marks of our licensors.

THIRD PARTY SOFTWARE


You might need to download and activate certain software in order to use certain content made available on our platform. We will identify where that is the case. 

Where that happens, you may have to explicitly accept the terms of a licence agreement with that third party. You accept that we have no responsibility or control over such third party software.

OUR PROMISES

We promise that we will operate this site with reasonable skill and care.

limitations and disclaimers

Nothing in these Terms will restrict or exclude our liability for:

  • death or personal injury resulting from our negligence.
  • fraud or fraudulent misrepresentation; or
  • breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).

Other than that, we will not be liable for:

  • any loss of profits, sales, business or revenue, whether direct or indirect;
  • loss or corruption of data, information or software;
  • loss of business opportunity;
  • loss of anticipated savings;
  • loss of goodwill; or
  • any indirect, consequential loss, special or exemplary damages

suffered or incurred by you arising out of or in connection with our contract with you.

Subject to the 1st and 2nd paragraphs of this section, our total liability to you in respect of all other losses arising under or in connection with any contract in place with you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of your purchase under that particular contract.

You agree that your access and use of publications and news alerts is at your own risk. We do not have any knowledge of, or control over, the particular purposes for which that information is used. That information is available for information only. Accordingly, we exclude any and all liability for any loss of any nature suffered by you as a direct or indirect result of your use of any of that information or of making any decision, or refraining from making any such decision, based wholly or partly on any expression of opinion, statement or other information contained in that information, or of its suitability for your purpose.
We don’t make any promises about the site’s availability. In particular we disclaim any liability in connection with any technical problems you might experience with the site which may result in interruptions to the platform, or any bugs or viruses in the site or the server that makes it available.

We do try to ensure that the information on the site is accurate and complete, but sometimes mistakes occur and therefore we do not accept any liability which may arise as a result of any such errors or incomplete information.

Occasionally we are unable to perform our obligations due to circumstances beyond our reasonable control. Where that happens, including due to fire, flood and other acts of God, strikes, trade disputes, lock outs, utility failures, failures of speakers to attend events, restrictions of imports or exports, riot, accident, acts of terrorism or war, our inability or delay in performing our obligations will not be considered to be a breach of contract.

Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the publications. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.

CUSTOMER COMPLAINTS

If you have any complaints, please contact us by email at enquiries@otctoolbox.com or by calling us on +44 (0) 121 314 8757 and we will do our best to resolve these.

GENERAL

Severability

If any part of these Terms is found to be unenforceable as a matter of law, all other parts of these Terms will not be affected and shall remain in force.

Entire agreement

These Terms govern our relationship with you and represent our entire agreement with you.

Assignment

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

Waiver

If you breach these Terms and we choose to ignore your breach, we will still be entitled to exercise our rights and remedies at a later date or in any other situation where you breach the Terms again.

Exclusion of third party rights

These Terms do not create any right enforceable by any person who is not a party to the contract between us.

Governing law and jurisdiction

The contract between us will be concluded in English.

The Contract between us is governed by and interpreted in accordance with the law of England and you irrevocably submit to the exclusive jurisdiction of the English courts to deal with any dispute that arises from them.

CONTACT

This site is owned by Source Publishing Limited. Our registered office address is
54 Creynolds Lane
Cheswick Green
Solihull
West Midlands
B90 4ER
United Kingdom

Our registered company No is 06839664

Our VAT No is GB 144693102