This legal document sets out the terms on which a contract shall be formed
between the end-user and the Christian Distinctiveness
Trust ("the Supplier"). These terms shall apply to any contract
entered into by the Supplier with any end user for (1) the supply of any
goods by the Supplier or (2) the performance or arrangement of any services
by the Supplier or (3) the grant by the Supplier of any licence to use
any of its intellectual property rights.
In these terms:
2.1 'end user' or 'you', 'your' or 'yourself' means the purchaser or other expressly approved user of the
Materials , their agents, workers, officers, directors and employees or the person identified in the agreement
into which these terms are incorporated.
2.2 'use' or 'using' means the permitted uses as detailed in condition
2.3 'Materials' provided means all and any goods sold or supplied by the
Supplier and all and any services performed or arranged by the Supplier,
and includes but is not limited to, the web pages published by the Supplier
at www.christiandistinctives.org and www.aspirewebsite.org, the online resource provided by the
Supplier and branded 'Aspire' whose functionality is served at www.christiandistinctives.org and www.aspirewebsite.org,
the hardcopy resource sold by the Supplier entitled 'Distinctives', the
presentation services and materials provided by the Supplier, the workshop
services and materials provided by the Supplier, and related consultancy
services provided or arranged by the Supplier.
2.4 'purchase price' means the purchase price for the Materials, as stated
from time to time on the Supplier's web pages published at www.christiandistinctives.org.
3.1 The rights granted under this condition 3 are in consideration of (at the Supplier's option)
either (1) the end user executing these terms as a deed or (2) the end user paying the purchase
price for the Materials purchased by the end user. The rights will commence from and including
the date of the Supplier's receipted invoice, and will apply to each of the goods and services comprising
the Materials listed in such invoice ("the Permitted Materials").
3.2 The Supplier grants the end user a non-exclusive licence at will to
use the Permitted Materials. Where the Permitted Materials are goods,
the Supplier bails and does not sell the goods to the end user. Title
to all and any copies of any Permitted Materials produced by the end user
pursuant to condition 4 shall vest in the Supplier.
4.1 No person may use any Materials except Permitted Materials used in
accordance with this condition 4.
4.2 You may not use the Materials except for the purposes of promoting
and utilising the values of the Supplier, being Christ-centredness, individual
awareness, inclusivity, interdependence and integrity.
4.3 You may not use any Materials in any way which does or may injure
the reputation of the Supplier or conflict with the above values of the
4.4 You may not use the Materials except internally for your business
or individually for private study. You may not use the Materials with
your customers or otherwise for any business purposes or in pursuit of
profit in actual or potential competition with the Supplier.
4.5 In respect of electronic copies of the Materials or Materials that
are software, you may not make copies in any form or format, modify, adapt,
decompile, cut and paste, reverse engineer, create derivative works based
on the Materials or grant or purport to grant any rights in the Materials.
4.6 In respect of physical copies of the Materials, you may not modify,
share with any third party, or produce copies or adaptations of them in
contravention of the table below.
Produce 1 hardcopy for private use or to archive. The exception is for "Aspire" when
following purchase such number of hard copies may be made as shall be strictly necessary for internal use
to enable assessment in the end user's organisation and feedback of such organisation's reports.
Produce more than 1 hardcopy or copy in any other form or format for any purpose.
Modify to enable use by the visually impaired.
Any other adaptations including language translations.
5.1 You will not carry on, purport to carry on, or hold yourself out as
carrying on any activity which may be taken as constituting consultancy
services or services of a similar nature, using or in connection with
any or any part of the Materials, except on the terms of this condition
5.2 You will not use, nor suffer or permit any other person(s) to use,
any Materials or the concepts, ideas, methodologies, recommendations or
other content encapsulated in or communicated by any Materials, for the
purpose of providing or in connection with your provision of consultancy
services, whether you purport to act on behalf of yourself or the Supplier,
except with the prior written approval of the Supplier.
5.3 Any approval under condition 5.2, above, must be sought by way of
a written letter of application to the Supplier. No approval from the
Supplier shall be valid unless and until it is given in writing, expressly
granting approval and authority pursuant to this condition 5 for you to
provide consultancy services using the Material and received by you. No
such approval shall be granted unless you have obtained and hold a licence
pursuant to condition 3 above.
5.4 The Supplier reserves the absolute right to impose, at the Supplier's
discretion, conditions and restrictions on the grant of approval under
this condition 5, and to make its approval subject to your payment of
The Supplier gives you no warranty or assurance in any form or to any
extent in relation to the Materials, or any of them. The Supplier declares
and you acknowledge that all implied warranties and conditions are excluded
to the maximum extent permitted by law.
7.1 The Supplier's liability to you for any and all loss or damage, including
but not limited to claims, demands, expenses, tax and any other liability
whosoever in respect of any Materials, is limited to damages of an amount
equal to the purchase price for the Materials which cause your loss.
7.2 The Supplier shall not be liable to you for or in respect of any of
the following loss or damage caused by or arising out of or in connection
with the Materials or any person's use of them:
7.3 This condition 7 does not in any way limit or exclude the Supplier's
liability in respect of death or personal injury caused by the Supplier's
8.1 The contract formed on these terms and conditions will terminate forthwith
if you commit any breach of any of its terms or conditions.
8.2 Following termination of the contract formed on these terms and conditions
the Supplier reserves the right to:
9.1 You may not assign, sub-contract or otherwise deal with or share your
rights or obligations under the contract formed on these terms and conditions.
9.2 No amendment or waiver of the terms and conditions of the contract
formed on these terms and conditions shall be effective unless confirmed
in writing by the Supplier.
9.3 No notice under or in connection with the contract formed on these
terms and conditions shall be effective unless made in writing and sent
by recorded post to the recipient at the address last notified by it to
the sender. A validly sent notice shall be deemed to take effect on the
day that is two days from and including the date of sending.
9.4 The contract formed on these terms and conditions will be governed
by and construed in accordance with English law. You irrevocably submit
to the exclusive jurisdiction of the English courts.