Terms & Conditions
This agreement applies as between you, the User of this Website and <<insert business name>>, the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1 – 10 and 13 – 23 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 11 and 12 apply only to the sale of Material. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
- Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
||means collectively the personal information, Payment Information and credentials used by Users to access Material and / or any communications System on the Website;
||means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
||means the terms and conditions governing your use of Material purchased from this Website;
||means Content that <<insert business name>> makes available for purchase by Users subject to the terms of the appropriate Licence;
||means collectively any online facilities, tools, services or information that <<insert business name>> makes available through the Website either now or in the future;
||means any details required for the purchase of Material from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
||means collectively any orders, invoices, confirmation emails, receipts or similar that may be in hard copy or electronic form;
||means any online communications infrastructure that <<insert business name>> makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, forums, live chat facilities and email links;
|“User” / “Users”
||means any third party that accesses the Website and is not employed by <<insert business name>> and acting in the course of their employment;
||means the website that you are currently using (<<URL>>) and any sub-domains of this site (e.g. subdomain.<<URL>>) unless expressly excluded by their own terms and conditions; and
||means <<insert business name>>, [a company registered in England under <<insert company number>>] of <<insert address>>.
- Age Restrictions
- The Website as a whole is usable by persons of all ages, however purchases may only be completed by persons over the age of <<insert age>>[or by persons under that age with the supervision of an adult].
- [Certain Material available on the Website, where indicated, may be unsuitable for persons under the age of <<insert age>>].
- Intellectual Property
- Subject to the exceptions in Clause 4 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of <<insert business name>>, Our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws.
- Subject to Clause 5 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
- Third Party Intellectual Property and Material
- Material available for purchase on this Website is always accompanied by the details of its respective author, creator and/or owner. The Material is the property of the author, creator and/or owner detailed. Such ownership extends to any free previews of Material that may be available on this Website.
- Subject to Clause 5, purchased Material is to be used only in accordance with the terms of the accompanying Licence. Use without a Licence or beyond the terms of such a Licence is prohibited subject to any alternative agreement between you and the owner of the relevant Material.
- Free previews of Material may [not] be used in works in progress. [Such preview Material must be removed from and / or replaced with purchased Material for any versions of works that are released to any parties other than co-authors.] Under no circumstances are Material previews or any work containing them to be commercially exploited.
- Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
- Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of <<insert business name>> or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply Our endorsement of the sites themselves or of those in control of them.
- Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site <<insert URL of homepage>> without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at <<insert email address>> or <<insert other methods as required>>.
- Use of Communications Facilities
- When using any System on the Website you should do so in accordance with the following rules:
- You must not use obscene or vulgar language;
- You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- You must not submit Content that is intended to promote or incite violence;
- It is advised that submissions are made using the <<insert language>> language(s) as We may be unable to respond to enquiries submitted in any other languages;
- The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- You must not impersonate other people, particularly employees and representatives of <<insert business name>>or Our affiliates; and
- You must not use Our System for unauthorised mass-communication such as “spam” or “junk mail”.
- You acknowledge that <<insert business name>> reserves the right to monitor any and all communications made to Us or using Our System.
- You acknowledge that <<insert business name>> may retain copies of any and all communications made to Us or using Our System.
- You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
- Submitting Material
- Submissions of material to be sold on the Website are governed by Our <<material submission rules [add hmtl code to make this into a link]>>.
- In order to purchase Material on this Website and to use certain other parts of the Website you are required to create an Account which will contain certain personal details (including Payment Information) which may vary based upon your use of the Website. By continuing to use this Website you represent and warrant that:
- all information you submit is accurate and truthful;
- you have permission to submit Payment Information where permission may be required; and
- you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
- Sharing of accounts is not permitted unless We expressly authorise it in writing. You are required to keep your Account details confidential and must not reveal your username and password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- If you have reason to believe that your Account details have been obtained by another without consent, you should contact Us immediately to suspend your Account. Please be aware that due to the instantaneous nature of Material delivery, pending or completed purchases cannot be cancelled.
- When choosing your username you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.
- Material, Pricing and Availability
- Whilst every effort has been made to ensure that all graphical representations and / or descriptions of Material available from the Website correspond to the actual Material, We are not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to immaterial variations of the correct Material, not different Material altogether or to lesser material variations. Please refer to Clause 12 for incorrect or faulty Material.
- Where appropriate, you may be required to select the required [size] [quality] [format] [number] [<<insert other features>>] of the Material that you are purchasing.
- We neither represent nor warrant that such Material will be available. Material may be temporarily unavailable due to problems with the Service, maintenance or similar. Alternatively, Material that is no longer available (after, for example, being removed by its author, creator and/or owner) may remain referenced on the Website for a short time before removal.
- All pricing information on the Website is correct at the time of going online. We reserves the right to change prices and alter or remove any special offers from time to time and as necessary. [All pricing information is reviewed and updated every <<insert time period>>.]
- In the event that prices are changed during the period between an order being placed for Material and Us processing that order and taking payment, <<insert details of how price changes affect pending orders>>.
- All prices on the Website include VAT. <<insert business name>>’s VAT number is <<insert number>>.
- Orders, Material Delivery and Cancellation Options
- No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between <<insert business name>> and you.
- Order confirmations under sub-Clause 12.1 shall contain the following information:
- Confirmation of the Material(s) ordered including full details of the main characteristics thereof;
- Fully itemised pricing for the Material(s) ordered including, where appropriate, taxes and any other additional charges;
- [Full details of the applicable Licences];
- A confirmation of your express request that the Material is made available to you immediately and that this will constitute a waiver of your statutory right to cancel as detailed below in sub-Clause 12.3; and
- <<insert additional information as required>>.
- Material will be made available to download immediately upon Our confirmation of your purchase. When completing the order process you will be required to expressly acknowledge that you wish the Material to be made available immediately. You will also be required to expressly acknowledge that by doing so, you will lose your statutory right to cancel your contract with <<insert business name>> as detailed below in sub-Clause 12.4.
- If you are a consumer based in the European Union, you have a statutory right to a “cooling-off” period with respect to the purchase of certain goods and services. This period, if applicable, begins once the contract between the seller and you, the buyer, is formed and ends at the end of 14 calendar days after that date. Under normal circumstances, purchased Material on this Website is made available immediately upon Our confirmation of your order. As set out in sub-Clause 12.3, by expressly requesting this, you waive your right to the cooling-off period and may not cancel the contract merely because you have changed your minds. Sub-Clauses 12.5 – 12.7 set out the limited cancellation rights available.
- If the Material you download or otherwise receive does not match that which you ordered, you should contact Us immediately via <<insert link to relevant contact information>>and in any event not later than <<insert time period>> after the download or receipt. We will rectify the mistake within <<insert time period>> of receipt of your notice or, if the correct Material is no longer available, We will refund the price paid for that Material to you within <<insert time period>>.
- If Material contains faults or errors on download or receipt, you should contact Us immediately via <<insert link to contact information>>and in any event not later than <<insert time period>> after the download or receipt, providing full details of the fault(s) or error(s). We will rectify the mistake within <<insert time period>> of receipt of your notice or, if the fault(s) or error(s) cannot be rectified, We will refund the price paid for that Material to you within <<insert period>>. Faults and errors for the purposes of this Clause 12 include, but are not limited to, data corruption, download errors, missing files, and similar issues. The definition does not extend to file incompatibility (unless We have provided incorrect information in this regard) or minor mistakes in the substance (such as spelling errors or visual imperfections) of the Material itself that are the fault of the author, creator and/or owner. In such cases, contact should be made with the author, creator and/or owner and We will not be a party to such contact.
- If you purchase Material in error you must inform Us immediately via <<insert link to contact information>> and in any event not later than <<insert time period>> after the download or receipt and must not use the Material in question during that time in order to be reimbursed within <<insert period>>. If any use [(including, but not limited to downloading)] of the Material during this time period can be traced to your Account, no refund can be provided and you will continue to have access to the Material purchased in error.
- Termination of Accounts
- Either <<insert business name>> or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
- If your Account is terminated, you retain the right to use Material purchased through the Website, subject to any terms to the contrary in the Licence applicable to that Material [, however you will no longer be able to download new copies. Please ensure that you have legitimate copies of all purchased Material before terminating your Account].
|Name of Cookie
||Name of Provider
||1st / 3rd Party
||<<insert business name>>
||<<1st OR 3rd>>
||<<insert business name>>
||<<1st OR 3rd>>
||<<insert business name>>
||<<1st OR 3rd>>
||<<insert business name>>
||<<1st OR 3rd>>
- [If you wish to opt-out of Our placing cookies onto your computer or device, please <<insert description of opt-out methods e.g. “check the alternative acceptance box for these terms and conditions”, “adjust your internet browser’s settings to restrict cookies as detailed in your internet browser’s help menu” etc.>>. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.]
- How We Use Your Personal Information (Data Protection)
- All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
- We may use your personal information to:
- Provide Our Service to you;
- Process your payments; and
- Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
- In certain circumstances (if, for example, you wish to make a purchase on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
- We will not pass on your personal information to any other third parties [without first obtaining your express permission].
- Subject to the Terms and Conditions above, We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
- No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
- Whilst We use reasonable endeavours to ensure that the Website, all Content and Material are secure and free of errors, viruses and other malware, you are advised to take responsibility for your own internet security, that of your personal details and your computers.
- Availability of the Website and Modifications
- The Service is provided “as is” and on an “as available” basis. We give no warranty that the Website or the Service will be free of defects and / or faults. To the maximum extent permitted by the law We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and state-mandated censorship.
- We reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the Content available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
- Limitation of Liability
- To the maximum extent permitted by law and subject to the remainder of these Terms and Conditions, <<insert business name>> accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website, its Content and the Material at their own risk.
- Nothing in these Terms and Conditions excludes or restricts <<insert business name>>’s liability for death or personal injury resulting from any negligence or fraud on Our part.
- In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
- No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
- Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and <<insert business name>>.
- All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to <<insert email address>>. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please <<insert description, e.g. “click on the ‘Unsubscribe’ link in any email which you receive from us.”>>.
- Law and Jurisdiction
These Terms and Conditions and the relationship between you and <<insert business name>> shall be governed by and construed in accordance with the Law of England and Wales and <<insert business name>> and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.