Please read these Terms and Conditions carefully and ensure that you understand them before using Our Site.

These Terms and Conditions, together with any other documents referred to below, set out the terms of use governing your use of this website, www.thecommercialtoolkit.com (“Site”).

These Terms and Conditions were last updated on 10 October 2021 and will be reviewed periodically by The Commercial Toolkit Ltd.

Your agreement to comply with these Terms and Conditions is indicated by your use of the Site. If you do not agree to these Terms and Conditions, you must stop using the Site without further delay.

The following documents also apply to your use of Our Site:

• Our Privacy Policy, available at https://www.thecommercialtoolkit.com/privacy
• Our Cookie Policy, available at https://www.thecommercialtoolkit.com/cookie-policy

1. Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires, the following expression has the following meanings:

“Content”

means any and all text, images, presentations, documents, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, the Site; and

2. Information About Us

This Site is operated by The Commercial Toolkit Ltd. The Commercial Toolkit Ltd is a limited company registered in England and Wales under company number 13395815. Our registered address is: Britannia House, Caerphilly Business Park, Caerphilly, CF83 3GG (“TCT”).

TCT specialises in providing business consultancy and training services in relation to commercial contract management.

Although one of our directors and employees is both a solicitor qualified in England and Wales and a Norwegian ‘advokat’, TCT is not and does not represent or purport itself as being authorised or regulated to provide legal services by either the Solicitor’s Regulation Authority or the Norwegian Advokatforening. The individual provides services to The Commercial Toolkit as an employee in their individual capacity and is regulated as an individual by both the Solicitors Regulatory Authority in the UK and the Norwegian Advokatforening.

3. How to Contact Us

To contact TCT, please email Us at [email protected] and/or [email protected].

4. Access to Our Site

Access to the Site is free of charge and it is your responsibility to make the arrangements necessary in order to access the Site.

Access to the Site is provided on an “as is” and on an “as available” basis. TCT may suspend or discontinue the Site (or any part of it) at any time. TCT does not guarantee that the Site will always be available or that access to it will be uninterrupted.

5. Changes to Our Site

TCT may alter and update the Site (or any part of it) at any time.

6. Changes to these Terms and Conditions

TCT may alter these Terms and Conditions at any time. As explained above, your use of the Site constitutes your acceptance of these Terms and Conditions. Consequently, any changes made to these Terms and Conditions will apply to your use of the Site the first time you use it after the changes have been implemented. You are therefore advised to check this page every time you use the Site.

If any part of the current version of these Terms and Conditions conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.

7. Accessibility

The Site is intended for users in the United Kingdom and Norway only. TCT does not warrant or represent that the Site or its Content are available in other locations or are suitable for use in other locations.

8. How You May Use Our Site and Content (Intellectual Property Rights)

All Content included on the Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by TCT, unless specifically labelled otherwise. All Content is protected by applicable laws currently in force in The UK and Norway in respect to the intellectual property rights in the Content.

You may access, view, and use the Site and the Content in a web browser (including any web browsing capability built into other types of software or app) and you may download the Site (or any part of it) for caching (this usually occurs automatically).

You may print one copy and download extracts of any page(s) from the Site for personal use only.

You may not modify the printed copies or downloaded extracts in any way. Images, presentations, video, audio, or any other Content downloaded from the Site must not be used separately from accompanying text.

TCT’s status as the owner and author of the Content (or that of identified licensors, as applicable) must always be acknowledged.

You may not use any Content saved or downloaded from the Site for commercial purposes without first obtaining a licence or permission from TCT (or TCT’s licensors, as applicable). This does not prevent the normal access, viewing, and use of the Site for general information purposes by business users or consumers.

Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyright, Designs and Patents Act 1988, ‘Acts Permitted in Relation to Copyright Works’, or its Norwegian equivalent, which provides exceptions allowing certain uses of copyright material including (but not limited to) non-commercial research and private study; text and data mining for non-commercial research; criticism, review, and reporting current events; teaching; accessibility; time-shifting; and parody, caricature, and pastiche.

9. Links to Our Site

You may only link to the homepage of the Site, www.thecommercialtoolkit.com/home. Linking to other pages on the Site requires our express written permission.

Links to the Site must be fair and lawful. You must not take unfair advantage of TCT’s reputation or attempt to damage TCT’s reputation.

You must not link to the Site in a manner that suggests any association with TCT (where there is none) or any endorsement or approval from TCT (where there is none).

Any link to the Site should not use any logos or trade marks displayed on the Site without TCT’s express written permission.

You must not frame or embed the Site on another website without TCT’s express written permission.

You may not link to the Site from another website the main content of which is unlawful; obscene; offensive; inappropriate; dishonest; defamatory; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that We deem to be otherwise objectionable.

10. Links to Other Sites

Links to other websites may be included on the Site. Unless expressly stated, these sites are not under TCT’s control. TCT accepts no responsibility or liability for the content of third-party websites.

The inclusion of a link to another website on the Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.

11. Disclaimers

Nothing on the Site constitutes professional advice on which you should rely. It is provided for general information and training purposes only.

TCT makes reasonable efforts to ensure that the Content on the Site is complete, accurate, and up to date, but We make no warranties, representations, or guarantees (express or implied) as to the completeness or accuracy of the Content.

If you are a business user, TCT excludes all implied representations, warranties, conditions, and other terms that may apply to the Site and its Content.

12. Our Liability

Nothing in these Terms and Conditions excludes or restricts TCT’s liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.

If you are a business user (i.e. you are using the Site in the course of business or for commercial purposes), to the fullest extent permissible by law, TCT accepts no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Site or any use of or reliance upon any Content included on the Site.

If you are a business user, TCT accepts no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

13. Viruses, Malware, and Security

TCT exercises reasonable skill and care to ensure that the Site is secure and free from viruses and malware, however, TCT does not guarantee that this is the case.

You, as user of the Site, are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.

You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via the Site.

You must not attempt to gain unauthorised access to any part of the Site, the server on which the Site is stored, or any other server, computer, or database connected to the Site.

You must not attack the Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

By breaching the provisions above you may be committing a criminal offence under the Computer Misuse Act 1990 or any equivalent in force in Norway. Any such breaches will be reported to the relevant law enforcement authorities and TCT will cooperate fully with those authorities by disclosing your identity to them. Your right to use the Site will cease immediately in the event of such a breach.

14. Acceptable Usage of Our Site

You may only use the Site in a lawful manner, this means that:

• You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
• You must not use the site in any way, or for any purpose, that is unlawful or fraudulent; and
• You must not use the Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.

If you fail to comply with the provisions above, then you will be in breach of these Terms and Conditions. In such circumstances, TCT may take one or more of the following actions in response:

• Suspend or terminate your right to use the Site;
• Issue you with a written warning;
• Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
• Take further legal action against you, as appropriate;
• Disclose such information to law enforcement authorities as required or as TCT deems reasonably necessary; and/or
• Any other actions which We deem reasonably appropriate (and lawful).

TCT excludes any and all liability arising out of any actions that it may take (including, but not limited to those set out above in above in response to your breach.

15. How We Use Your Personal Information

TCT will only use your personal information as set out in the Privacy Policy, which is available at https://www.thecommercialtoolkit.com/privacy and the Cookie Policy, available at https://www.thecommercialtoolkit.com/cookie-policy.

16. Communications from TCT

If TCT receives your contact details either; (i) as a result of you contacting us; or (ii) because you are an existing client, TCT may send you important notices by email from time to time. Such notices may relate to matters including, but not limited to, changes to the Site or to these Terms and Conditions.

TCT will not send you marketing emails without your express consent. If you do consent to marketing, you may opt out at any time. All marketing emails from TCT include an unsubscribe link. If you opt out of emails from TCT, it may take up to 14 days for your request to take effect and you may continue to receive emails during that time.

17. Law and Jurisdiction

These Terms and Conditions, and the relationship between you and TCT (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in these terms and conditions reduces or excludes your legal rights as a consumer.

Any dispute, controversy, proceedings, or claim between you and TCT relating to these Terms and Conditions or to the relationship between you and TCT (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.