Terms and Condition

Please note: if you are applying on behalf of an academic institution, college or cathedral, please contact us directly. The following agreement is for parish churches only!

This Agreement describes the terms and conditions (the "Conditions") which relate to the licensing by Trinity Foundation for Christianity and Culture of Holy Trinity Sloane Square, London SW1X 9BZ United Kingdom ("TFCC") to you (the "Licensee") of the study course called "The TFCC Awareness Course™" (the "Course") which is intended to be taught at parish churches by authorized teachers.

Licensee is provided with access to this website http://www.tfccinternational.com (the "Website") in accordance with these Conditions and any orders placed by Licensee must be placed strictly in accordance with these Conditions.

1. Grant of License.

1.1 Subject to these Conditions, TFCC hereby grants to Licensee a non-exclusive license to teach the purchased Course modules in connection with Licensee's adult education programme for consecutive periods of one year (subject to payment of the Subscription Fee in accordance with Clause 4.2 below) commencing on the first date of delivery of the Delivery Materials (defined in Clause 3.1 below) of the first module (the "Term").

1.2 TFCC intends to develop other modules of the Course from time to time in the future (the "New Modules"). As these New Modules are released, TFCC shall offer them to Licensee upon these Conditions and if Licensee accepts delivery of such New Modules upon payment of the Module Fee, it is agreed that these Conditions shall be deemed to apply and govern the use of the New Modules by Licensee.

1.3 Subject to Licensee's complete performance of this Agreement, the TFCC grants to Licensee the non-exclusive right to use and otherwise exploit during the Term the trade mark "The TFCC Awareness Course™" in connection with the teaching of the Course and the promotion and advertising of Licensee's Course in all and any media during the Term provided that it accords TFCC the appropriate credit as the owner of the trade mark and copyright owner of the Course on all course and promotional materials substantially in the form "The TFCC Awareness Course™: © Trinity Foundation for Christianity and Culture 2006.

1.4 Licensee is permitted to have a maximum of three authorized teachers who shall be properly registered with TFCC (the "Authorized Teachers").

2. Licensee's Obligations

2.1 Licensee hereby warrants, represents and undertakes to TFCC that only Authorized Teachers will be permitted to teach the Course for and on behalf of Licensee as part of its adult education programme, subject to these Conditions and that it shall ensure that any Authorized Teacher so engaged shall comply with the Licensee's obligations hereunder.

2.2 Licensee shall bear all of the costs incurred by it in teaching the Course, including the costs of engaging the Authorized Teachers.

2.3 Licensee hereby warrants, represents and undertakes to TFCC that it will use its best endeavours to abide by and comply with the TFCC guidelines (amended from time to time and as published on this Website) concerning the teaching of the Course, including limitations on the number of class sessions, the length and nature of each class session, and the general manner in which the Course is taught.

3. TFCC Obligations

3.1 TFCC shall deliver to Licensee all course materials created by it in connection with the Course module, including teacher notes, PowerPoint slides, and other materials (the "Delivery Materials") within 30 days of TFCC's receipt of payment of the Module Fee (defined in Clause 4.1) if Licensee has selected to accept delivery by post or immediately if Licensee has selected to receive the Delivery Materials by downloads available from the Website. TFCC shall be reasonably available, principally by e-mail, to consult with Licensee in respect of its use of the Delivery Materials.

3.2 TFCC hereby agrees to list Licensee as an official presenter of the Course on the Website during the Term and provided that Licensee has provided TFCC with sufficient information concerning its Course details, TFCC hereby agrees to make available such information on its Website within 30 days of receipt of such information. TFCC shall endeavour to update the Website once monthly.

3.3 TFCC shall maintain a "membership area" which shall be made available to Licensee and the Authorized Teachers who may access course materials during the Term.

3.4 If Licensee maintains a website which lists the Course, Licensee hereby agrees to establish and maintain during the Term at its own expense a link to the Website.

4. Consideration.

4.1 In consideration of rights granted to Licensee hereunder, Licensee agrees to pay a one-time module fee at the rate and in the currency stipulated in the Website, from time to time revised (the "Module Fee") for each module of the Course delivered to Licensee under this Agreement at the time stipulated.

4.2 In addition, Licensee shall pay to TFCC an annual subscription fee at the rate and in the currency stipulated in the Website, from time to time revised (the "Subscription Fee") for each one-year period during the Term within 60 days prior to the expiry of each yearly term, failing which the rights granted to Licensee hereunder will automatically terminate and Licensee shall not be entitled to use or otherwise exploit the Delivery Material or the Course without entering into a new agreement with TFCC and making payment of the Subscription Fee and re-payment of the Module Fees for the applicable Course modules (notwithstanding the payment of the Module Fee under this Agreement).

4.3 TFCC shall have the right to modify from to time in its sole discretion the Module Fee and the Subscription Fee provided that such modification shall not be applied retroactively.

4.4 All sums payable or considerations made in connection with this Agreement shall be exclusive of any Value Added Tax or other applicable sales tax ("VAT") that may become payable on them at the same time as the sum itself becomes due and payable.

5. Copyright and Ownership.

5.1 TFCC is and will be the owner of the copyright and all other rights in the entire Course (including any New Module created hereafter and the trade marked service mark The TFCC Awareness Course™) in all and any media now known or hereafter created throughout the world for term of copyright (all extensions, renewals or revivals therefore) or the term of such other intellectual property rights and thereafter in perpetuity and that any rights not expressly granted herein to Licensee are reserved to the TFCC.

6. Delivery

6.1 If Licensee has selected to receive his/her Delivery Materials by post, Licensee must provide a valid delivery address and a signature may be required upon delivery. Where no signature is required, delivery shall be deemed to have occurred 5 days after TFCC's posting (whether within the UK or outside) for the purpose of Clause 8 below. Damages to or loss of the Delivery Materials during transit are not the responsibility of TFCC.

6.2 If Licensee has selected to receive his/her Delivery Materials by downloading them directly from the Website, delivery shall be deemed to have taken effect immediately for the purpose of Clause 8 below.

7. Refund and Replacements

7.1 TFCC shall refund the amount of the Subscription Fee and the Module Fee (and any costs paid for delivery) in the event of non delivery of the Delivery Material or upon receipt of damaged Delivery Materials provided that Licensee has selected to receive the Delivery Materials by post. In order to be considered for a refund or exchange of the Delivery Materials, Licensee must notify TFCC in writing of the relevant defect, within 30 days of from (i) the date of receipt of the faulty or damaged products and/or (ii) the proposed date of delivery of the Delivery Material and notify whether Licensee requires a refund or an exchange.

8. Cancellation

8.1 Licensee is entitled to cancel this Agreement with immediate effect if it so wishes provided that it exercises its right no longer than eight (8) working days after the day on which it receives the Delivery Materials. Following termination of the Agreement, TFCC shall refund the amount of the Subscription Fee and the Module Fee (and any costs paid for delivery) within 30 days from the date TFCC receives Licensee's written cancellation notice and Licensee shall comply with Clause 11 with regard to returning and/or destroying all copies of the Delivery Materials, which obligation shall survive termination of this Agreement.

8.2 If Licensee wishes to exercise its right to cancel this Agreement after its order has already been dispatched by post, Licensee shall give email written notice to TFCC of its wish to cancel setting out details of the order, stock number, the reason for the return and whether Licensee requires a refund or a replacement. If the Delivery Materials have not been returned to TFCC in fully re-saleable condition, TFCC reserves the right to refuse a refund on the item, or deduct up to 20% of the original Module Fee from the refund amount.

8.3 If Licensee wishes to exercise its right to cancel this Agreement after downloading its order from the Website, Licensee shall give email written notice to TFCC of its wish to cancel, setting out details of the order, stock number and the reason for the cancellation.

9. Liability

9.1 TFCC endeavours to ensure that the information and other material on this Website are correct and complete, but does not accept liability (except as set out below) for any errors in or omissions. TFCC will use all reasonable endeavours to correct errors and omissions as quickly as practicable after being notified of them.

9.2 Except as specifically set out in this Agreement, TFCC makes no representation and expressly excludes all conditions or warranties, expressed or implied, including (but not limited to) the availability, quality, timeliness, performance or fitness for a particular purpose of any of the Delivery Materials available, to the full extent permitted by English law.

9.3 TFCC shall not in any circumstances be liable in contract or tort (including negligence and breach of statutory duty) for any indirect or consequential loss, howsoever caused or arising in connection with this Agreement. Without prejudice to any of the foregoing, Licensee agrees that TFCC will only be liable for direct loss up to a maximum total of the amount of the Subscription Fee in respect of any one incident or series of incidents attributable to the same cause. Nothing in this Agreement shall purport to exclude liability for death or personal injury where such has been caused by the negligence of TFCC or in the event of fraud.

10. Data Protection

10.1 TFCC complies with the provisions of the Data Protection Act 1998 in processing personal information. As such, Licensee's personal information will be held confidentially by TFCC and will only be used by TFCC or disclosed to a third party if such use or disclosure is required for the purposes of this Agreement or as otherwise instructed by Licensee. If necessary, TFCC will co-operate with any investigation by any governmental body or any court or tribunal legitimately exercising rights and such co-operation may be without notice to Licensee.

11. Termination

11.1 TFCC shall be entitled to terminate this Agreement on written notice to Licensee in the event of (i) breach by Licensee of any of its obligations which is not rectified within seven (7) days of TFCC's written notice to Licensee to amend the breach if such breach is rectifiable or (ii) upon the liquidation, dissolution or winding up of Licensee's business or (iii) the admission in writing of its inability to pay current debts. In the event of expiration or termination of this Agreement (either by TFCC in accordance with this Clause or by Licensee pursuant to Clause 8 or otherwise), the licence granted to the Licensee in respect of the Course pursuant to Clause 1 above shall immediately determine and Licensee shall promptly remove all references of the Course from its website and shall cease to deal or otherwise exploit the Course. Immediately upon termination Licensee hereby warrants, represents and undertakes to TFCC that it shall return at its expense all physical Delivery Materials to TFCC, if requested to do so in writing and/or destroy all physical and/or electronic copies of the Delivery Materials. This clause shall survive determination of this Agreement.

12. Miscellaneous

12.1 TFCC reserves the right to (i) modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to Licensee and Licensee confirms that TFCC shall not be liable to Licensee or any third party for any modification to or withdrawal of the Website; and/or (ii) change the Conditions from time to time, and Licensee's continued use of the Website (or any part thereof) following such change shall be deemed to be Licensee's acceptance of such change. It is Licensee's responsibility to check regularly to determine whether the Conditions have been changed. If Licensee does not agree to any change to the Conditions then Licensee must immediately stop using the Delivery Materials and the rights granted herein shall immediately terminate.

12.2 Licensee shall not assign, transfer, sub-license, mortgage, charge or otherwise dispose of any of Licensee's rights, interests or obligations under this Agreement to any person or organisation.

12.3 If any provision of this Agreement shall be prohibited by or adjudged by a Court to be unlawful void or unenforceable such provision shall to the extent required be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement and shall not in any way affect any other circumstances or the validity or enforcement of this Agreement.

12.4 This Agreement does not create or confer any right under the Contracts (Rights of Third Parties) Act 1999 which are enforceable by any person who is not a party to this Agreement.

12.5 This Agreement shall be governed by and construed in accordance with the laws of England and Wales whose courts shall be courts of competent jurisdiction.

I have understood and accepted the above Terms and Conditions.

I do not accept the above Terms and Conditions.