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Terms and Conditions of Sale
These Terms and Conditions
relate to purchase of Information Products from the Online Shop portion
of this website. Purchase of any other goods or services via links
from this website are not covered by these Terms and Conditions but
by those of the owning website.
Please read these
terms carefully, they contain important information about your rights
and obligations. You can print out these terms by clicking on the
print icon on your browser. By visiting this page and using the facilities
of the online shop you are signifying that you have read and accepted
these terms. Please also have a look at our
Privacy Policy
and ensure you understand it before continuing with your
purchase or browsing.
1.
Introduction
1.1
Please read these terms carefully before using this website operated
by Richard Adams Trading As ‘Fount-of-Knowledge’ from 1 Lulworth Park,
Kenilworth, Warwickshire CV8 2XG, ENGLAND (‘the Firm’ ‘our’, ‘we’
or ‘us’). In particular, we draw your attention to clauses 9 (Applicability
of online materials) and 13 (Liability). By clicking on the ‘I Accept’
button appearing on this page you agree to be legally bound by these
terms as they may be modified and posted on our website from time
to time.
1.2
Without prejudice to the above, by clicking on the button marked ‘I
Accept’ at the end of these terms and/or by using or accessing our
website, you agree to be legally bound by these terms of use as they
apply to your use of or access to our website.
1.3
If you do not wish to be bound by these terms then you may not use
our website.
2.
Nature of our website
2.1
Our website is a place for you to select and order ‘E-Books’ and other
internet related services and products (together the ‘Products’).
Our website describes the Products in more detail.
2.2
For some of the Products displayed or referred to on our website,
the Firm acts as an agent only, putting you in touch with the person
or body offering the Product for sale. Where this is the case, you
will leave this website and the firm shall have no liability in relation
to your use of another website so accessed. When we act as an agent
in this way, any agreement to purchase is between you and the person
or body offering the Product for sale. When acting as an agent the
Firm shall have no liability to you for any losses, damages or expenses
other than your applicable statutory rights. Any warranties concerning
such third party Products are warranties made by the seller and as
such the Firm is not responsible for their accuracy or content.
2.3
Please note that our website is available only to individuals that
can form legally binding contracts under applicable law. The contents
of our website are aimed at users aged 18 and above, but you are bound
in any event to adhere to any terms concerning minimum age as may
be required to complete the lawful purchase of the Products using
the payment methods displayed on our website. If you do not qualify
or ascertain that you do not qualify by reason of age, please leave
our website as soon as this becomes known to you.
3.
Buying products on our website and Delivery
3.1
To order a product you will need to follow the ordering procedures
set out on our order pages. Your order constitutes an offer to purchase
Products on these terms and at the price displayed on our website
at the time of your offer. The prices are inclusive of delivery costs
and applicable taxes.
3.2
Delivery of your purchased Products will normally be by download only
from a secure website address on entry of a valid security code. Delivery
will take place at the point in time when you have activated (by clicking
on the ‘download’ button) the download of the Product that you had
offered to purchase. Any times or dates stated on our website for
delivery are estimates only. The Firm will make all reasonable effort
to ensure delivery of the goods within the time specified, but does
not accept liability for any failure to deliver within that time.
3.3
You must pay by credit or debit card using one of the third party
providers of payment services that are identified on this website
as being acceptable. You must abide by any terms and conditions required
by such providers in making payment for the Product. The price of
any Product is the price in force at the date and time of your order.
We may change the price of any Product before you place an order.
We try to ensure that our prices displayed on our website are accurate
but the price on your order will need to be validated by us as part
of the acceptance procedure (see clause 3.4 below). We will inform
you if a Product’s correct price is higher than that stated in your
order and you may cancel the order and decide whether or not to order
the Product at the correct price.
3.4
The Firm is entitled to refuse any order placed by you. If your offer
to purchase by way of order from the Firm is accepted, we will confirm
acceptance to you by online electronic means (‘Confirmation’) to the
e-mail address you have given us by sending you the information necessary
to achieve delivery of the Product. No acceptance shall have taken
place unless the security code necessary for the download is sent
by email to you. Delivery will take place as describe in clause 3.2
above unless otherwise stated in respect of any individual Product
ordered.
3.5
You undertake that all details you provide to us for the purpose of
purchasing goods or services which may be offered by us on our website
will be correct, that the credit or debit card, or any electronic
cash, which you use is your own and that there are sufficient funds
or credit facilities to cover the cost of any goods or services. We
reserve the right to obtain validation of your credit or debit card
details before providing you with any goods or services.
4.
Your Rights to Use the Product(s) delivered (your ‘Licence’)
Please Note: If you do not wish to be bound by the terms
of this Licence then you may not download the Product or Products
ordered. Nothing in this Licence is to be construed as avoiding any
of your rights under Section 50 of the Copyright Designs and Patents
Act 1988.
4.1
This clause 4 is applicable to those Products for which the intellectual
property is owned by or licensed to the Firm (‘our Products’) and
which are available for download. It does not therefore apply to any
material purchased from another party in which we have acted only
as an introducing agent. Subject to the below, on delivery the Firm
grants you a non-exclusive, non-transferable license to use our Products,
on the terms in this clause 4.
4.2
Some of our Products carry a right for you to sell them on to other
parties (‘Resale Rights’). In the case of others of our Products,
the Resale Rights are given together with further rights. Such rights
are referred to as ‘Master Resale Rights’.
4.3
In relation to all our Products but subject to amendments to the following
necessarily implied to give effect those Products sold with either
Resale Rights or Master Resale Rights:
(a)
you may:
(i)
load our Products into the permanent memory of a single computer which
is controlled by you; and
(ii)
copy our Products for backup purposes only (‘backup copies’), as long
as you retain any copyright notices included with the Software in
any backup copies;
(iii)
reproduce our Products on paper or other tangible form (other than
within the memory of any computer) subject to 4.3(b)(ix) below;
(b)
you may not:
(i)
make or distribute copies of our Products other than in accordance
with sub-clause 4.3(a) above;
(ii)
use our Products over a network unless it is necessary for the proper
operation of the Product that it is activated by use of a network
and/or used in a network environment;
(iii)
copy our Products from one computer to another without erasing the
same Products from the permanent memory of the first computer;
(iv)
sub-license, rent, lease, transfer or attempt to assign this License
Agreement to any other person;
(v)
use any backup copies of our Products for any reason other than to
replace the original copy in the event that it becomes defective or
is destroyed;
(vii)
reproduce our Products as the printed version with the intention of
distributing such version or copies of all or part of such version
to any other person or body;
(viii)
allow any other person to use our Products other than in accordance
with the terms and conditions of this License Agreement; and
(ix)
you may not produce more than one copy of the printed version unless
first agreed with the Firm in advance.
4.4
If our Product is described as having ‘Resale Rights’ you shall be
granted a license by the owner or licensor of the Product whose terms
shall include the following conditions:
(a)
On delivery we grant you a fully transferable but non-exclusive license
to use that Product and resell it to others, subject to the condition
that the Product is not altered, amended, revised or otherwise changed
in any way otherwise than where such alterations, amendments, revisions
or changes are permitted as set out in the Product’s own ‘help files’.
(b)
The Product must only be sold by you to any third party in accordance
with the guidelines given within the Product information.
(c)
By these terms you are agreeing that the owner of the Product (as
set out in the Product information) retains all rights in the Product
(including the right to be identified as the author if applicable),
and that such rights shall be deemed to extend to any reproduction
of the Product or part of the Product in a tangible or permanent form
(‘the Printed Version’).
4.5
If our Product is described as having ‘Master Resale Rights’ you shall
be granted a license by the owner or licensor of the Product whose
terms shall include the following conditions:
(a)
On delivery we grant you a fully transferable license but non-exclusive
to use that Product and resell the Product to others.
(b)
The Product may be altered, amended, revised or otherwise changed
in any way and there are no restrictions regarding resale.
(c)
By these terms you are agreeing that the owner of the Product (as
set out in the Product information) retains all rights in the Product
(including the right to be identified as the author if applicable),
and that such rights shall be deemed to extend to any reproduction
of the Product or part of the Product in the Printed Version but not
to any original work not comprised in the Product at the time of delivery
to you.
4.6
You agree that you shall not seek to exercise any rights over any
such Product or any part thereof (whether the Printed Version or otherwise)
as against this Firm or any person identified in the Product information
(at point of delivery) as having rights of ownership.
4.7
We may terminate this License Agreement at any time if you are found
in breach of any of these terms and if you are notified of termination,
you must destroy all of your copies of the Products.
5.
Your Right to Cancel
5.1
Making a security code and download link available to you constitutes
performance of our obligations to you in providing a service. You
will have no right to cancel the agreement made under these terms.
5.2
Prior to our sending to you our acceptance of your order, you may
cancel for any reason (including if you simply change your mind).
To do so you must notify us in writing or other durable medium (including
e-mail) within those 7 working days. You will then be entitled to
a refund of any payment you may have made, which will be paid as soon
as possible, but in any event within 30 days.
5.3
If you have any complaints, you should direct them to us via e-mail
at
info@ fount-of-knowledge.co.uk
or by post at 1 Lulworth Park, Kenilworth, Warwickshire CV8 2XG, ENGLAND.
The cost of such communications will not be charged by us.
6.
Modifications to website
6.1
We reserve the right to make changes or corrections, alter, suspend
or discontinue any aspect of our website or the content or services
available through it, including your access to it. Unless explicitly
stated to the contrary, any new features including new content, and
/or the sale of new Products and / or the release of new software
tools or resources shall be subject to these terms.
6.2
Please note that although we try to ensure that the content of our
website is accurate, it may contain typographical errors or other
inaccuracies.
7.
Information you provide to us
7.1
The following applies to any information you provide to us, for example
during any registration or ordering process.
*
You authorise us to use, store or otherwise process any personal information
which relates to and identifies you, including but not limited to
your name and address, to the extent reasonably necessary to provide
the services which are available through our website by us, our partners,
successors (including the purchaser of the whole or part of our business),
associates, sub-contractors or other third parties (together our ‘Partner
Companies’). These Partner Companies may be located in countries outside
the EEA that do not have laws to protect your information. Details
of the companies and countries involved in your case will be provided
on request. If you would like to request such information or review
or modify any part of your personal information then you should e-mail
us at
info@ fount-of-knowledge.co.uk
*
If you obtain or choose to buy Products through our website then we
may collect this information into a file specific to you and must
pass on such data to the seller of any Products for which you have
made an offer to buy which are not our Products (together, the various
purposes set out in this paragraph and in our privacy policy shall
be known as ‘the Purposes’). All such information collected by us
shall be referred to in these terms as ‘Personal Information’.
*
You must ensure that the Personal Information you provide is accurate
and complete and that all ordering or registration details (where
applicable) contain your correct name, address and other requested
details. For more information about how we deal with your Personal
Information, please read our privacy policy.
7.2
By accepting these terms, you agree to the processing and disclosure
of the Personal Information for the Purposes. If you would like to
review or modify any part of your Personal Information then you should
e-mail us at
info@ fount-of-knowledge.co.uk.
7.3
In addition, the following also applies to all messages, e-mails,
bulletin boards postings, ideas, suggestions, concepts or other material
submitted by you to us (‘Content’):
*
you must own or have the right to submit Content for publication on
our website and all Content submitted by you must be legal, honest,
decent and truthful and comply with all applicable laws, regulations,
standards and/or codes of practice;
*
you must ensure that all Content submitted to us does not infringe
the copyright, design, privacy, publicity, data protection, trade
mark or any other rights of any third party, nor be obscene, abusive,
threatening, libellous or defamatory of any person or be otherwise
unlawful;
*
you must ensure that the Content does not advertise or otherwise solicit
for funds or is a solicitation for goods or services; and
*
we have the right to monitor Content and may edit, reject or remove
Content if we believe it does not comply with the above and, in particular,
we reserve the right to block incoming e-mails and other Content if
we believe that their content is or may be inappropriate or otherwise
does not comply with the above.
7.4
You grant us a non-exclusive, irrevocable, royalty free, worldwide
license to publish all Content that you submit to us except any portion
of the Content that is Personal Information. You have sole responsibility
for the Content which you submit to us and you shall indemnify and
shall keep us fully and effectively indemnified on demand from and
against all actions, claims, losses, liability, proceedings, damages,
costs, expenses, loss of business, loss of profits, business interruption
and other pecuniary or consequential loss (including legal costs and
expenses) suffered or incurred by us and arising directly or indirectly
out of the publication of Content submitted by you to us.
7.5
You warrant and undertake that you will not use our website for any
purpose that is illegal or prohibited by these terms, including without
limitation the posting or transmitting of any libellous, defamatory,
inflammatory or obscene material. If you breach these terms then your
permission to use this website terminates immediately without the
necessity of any notice being given to you. We retain the right to
deny access to any person who fails to comply with these terms.
8.
Security
You are solely responsible
in all respects for all use of and for protecting the confidentiality
of any username, e-mail verification and password that may be given
to you or selected by you for use on our website. You may not share
these with or transfer them to any third parties. You must notify
the Firm immediately of any unauthorised use of them or any other
breach of security regarding our website that comes to your attention.
9.
Applicability of online materials
9.1
Unless otherwise specified or implied, all content and materials published
on our website are presented solely for your private, personal and
non-commercial use.
9.2
Our website is controlled and operated by us from our offices in England.
Where content published on the website is supplied by third parties,
you understand that we do not control or endorse such content in any
way. All content which is offered by third parties that are not affiliated
with or otherwise connected with us, is published in good faith but
we do not (to the extent permitted by applicable law) accept responsibility
for the accuracy or otherwise of such content (whether published on
or offline) and the use of such content, except for content which
relates directly to Products you purchase. You assume total
responsibility and risk for your use of our website and use of all
information contained within and within the Products.
9.3
We have used our best endeavours to ensure that our website complies
with UK laws. However, we make no representations that the materials
on our website are appropriate or available for use in locations outside
the UK. Those who visit our website from other locations do so on
their own initiative and are responsible for compliance with all applicable
laws. If use of our website and/or viewing of it, or use of any material
or content on our website or services, or Products offered through
our website are contrary to or infringe any applicable law in your
jurisdiction(s), you are not authorised to view or use our website
and you must exit immediately.
9.4
The Firm makes no representations and gives no warranties, express
or implied that making the Products available in any particular jurisdiction
outside the UK is permitted under any applicable non-UK laws or regulations.
Accordingly, if making the Products or any part available in your
jurisdiction or to you (by reason of nationality, residence or otherwise)
is prohibited, those Products are not offered for sale to you. You
accept that if you are resident outside the UK, you must satisfy yourself
that you are lawfully able to purchase the Products. The Firm accepts
no liability, to the extent permitted by applicable law, for any costs,
losses or damages resulting from or related to the purchase or attempted
purchase of the Products by persons in jurisdictions outside the UK
or who are nominees of or trustees for citizens, residents or nationals
of other countries.
10.
Copyright and monitoring
The contents of our website
are protected by international copyright laws and other intellectual
property rights. The owner of these rights is the Firm, its affiliates
or other third party licensors. All product and company names and
logos mentioned in our website are the trade marks, service marks
or trading names of their respective owners, including us. You may
download material from our website for the sole purpose of placing
an order or using our website as a shopping resource. However, you
may not modify, copy, reproduce, republish, upload, post, transmit
or distribute, by any means or in any manner, any material or information
on or downloaded from our website including but not limited to text,
graphics, video, messages, code and/or software without our prior
written consent, except where expressly invited to do so, for example
in order to complete any test or questionnaire.
11.
Linked sites
The Firm makes no representations
whatsoever about any other websites which you may access through our
website or which may link to our website. When you access any other
website you understand that it is independent from the Firm and that
we have no control over the content or availability of that website.
In addition, a link to any other website does not mean that the Firm
endorses or accepts any responsibility for the content, or the use
of, such a website and the Firm shall not be liable for any loss or
damage caused or alleged to be caused by or in connection with use
of or reliance on any content, goods or services available on or through
any other website or resource. Any concerns regarding any external
link should be directed to its website administrator or web master.
12.
Availability of our website
We will try to make our
website available but cannot guarantee that our website will operate
continuously or without interruptions or be error free and can accept
no liability for its unavailability. You must not attempt to interfere
with the proper working of our website and, in particular, you must
not attempt to circumvent security, tamper with, hack into, or otherwise
disrupt any computer system, server, website, router or any other
Internet connected device.
13.
Liability
13.1 We promise
that for any Product you purchase from our website:
*
we have the right to sell the Product to you;
*
the Product will correspond with the description on the website; and
*
the Product will be of satisfactory quality.
We also promise that any
service we provide to you will be provided with reasonable skill and
care.
We exclude all other express
or implied terms, conditions, warranties, representations or endorsements
whatsoever with regard to any products purchased as a result of access
to our website or any information or service provided through our
website.
We will do our best to
ensure that all materials and information published on our website
are accurate, but please note that all content, materials and information
on our website are provided on an ‘as is’ basis and you assume total
responsibility and risk for your use of our website and use of all
information contained within it.
13.2 We accept
no liability for any indirect or consequential loss or damage, or
for any loss of data, profit, revenue or business (whether direct
or indirect) in each case, however caused, even if foreseeable. In
circumstances where you suffer loss or damage arising out of or in
connection with the viewing, use or performance of our website, its
contents or the material or information contained in a Product, we
accept no liability for such loss or damage (except where we have
been negligent) whether due to inaccuracy, error, omission or any
other cause and whether on the part of the Firm or our servants, agents
or any other person or entity.
13.3 If we
are liable to you for any reason, our liability will be limited to
the amount paid by you for the Product concerned. This limit does
not apply to any liability we may have for death or personal injury
resulting from our negligence or for our fraudulent misrepresentation.
13.4 You are
responsible for ensuring that your computer system meets all relevant
technical specifications necessary to use our website and is compatible
with our website. You also understand that we cannot and do not guarantee
or warrant that any material available for downloading from our website
will be free from infection, viruses and/or other code that has contaminating
or destructive properties. You are responsible for implementing sufficient
procedures and virus checks (including anti-virus and other security
checks) to satisfy your particular requirements for the accuracy of
data input and output.
13.5 The limitations
and exclusions in this clause do not affect your non-excludable statutory
rights and only apply to the extent permitted by applicable law.
14.
General
14.1 We may
assign, transfer, novate or subcontract any or all of our rights and
obligations under these terms at any time.
14.2 We may
alter these terms from time to time and post the new version on our
website, following which all use of our website will be governed by
that version. You must check the terms on the website regularly.
14.3 These
terms together with the privacy policy and any order form and payment
method instructions which are referred to herein are the whole agreement
between you and the Firm. You acknowledge that you have not entered
into this agreement in reliance upon any statement, warranty or representation
made by the Firm or any other person and you irrevocably and unconditionally
waive any rights to claim damages and/or to rescind these terms by
reason of any misrepresentation (other than a fraudulent misrepresentation)
that is not contained in the terms, privacy policy, order form and
payment method instructions.
14.4 If any
provision or term of these terms shall become or be declared illegal,
invalid or unenforceable for any reason whatsoever, such term or provision
shall be divisible from the other terms and conditions and shall be
deemed to be deleted from them.
14.5 These
terms and your use of our website are governed by English law and
you submit to the non-exclusive jurisdiction of the English court.
14.6 Except
in respect of a payment obligation, neither you nor the Firm will
be held liable for any failure to perform any obligation to the other
due to causes beyond your or the firm’s respective reasonable control.
14.7 Failure
or delay by either party enforcing an obligation or exercising a right
under these terms does not constitute a waiver of that obligation
or right.
14.8 These
terms do not confer any rights on any person or party (other than
you and/or us) pursuant to the Contracts (Rights of Third Parties)
Act 1999.
15.
Notices
All notices shall be given:
*
to us via e-mail at
info@ fount-of-knowledge.co.uk
or by post at 1 Lulworth Park, Kenilworth, Warwickshire CV8 2XG, ENGLAND;
or
*
to you at either the e-mail or postal address you provide during any
ordering process.
Notice will be deemed
received when an e-mail is received in full (or else on the next business
day if it is received on a weekend or a public holiday in the place
of receipt) or 3 days after the date of posting.
Please return to the main
website page by using the 'back' button on your browser, to confirm
your acceptance of these terms and to continue with your purchase
or browsing.
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