These are the terms and conditions subject to which we allow you to use Our Website. By visiting or using Our Website, or signing up for our services, you agree to be bound by them. You may not use Our Website if you are under the age of 16 years.
If you
violate these terms we may terminate your use of Our Website, bar you from
future use of Our Website, cancel your order, and/or take appropriate legal
action against you.
We are TEFL Lessons, a company registered in Ireland, number 637767.
Our address
is Dublin, Ireland.
You are:
Anyone who uses Our Website or buys from us.
Please read
this agreement and our “Product Licence Terms” carefully and save both
documents. If you do not agree with our terms and conditions, you should leave
Our Website and stop using our products and Services immediately.
It is now agreed as follows:
1. Definitions
In this agreement, the following
words shall have the following meanings, unless the context requires otherwise:
“Content”
means the textual, visual or
aural content that is encountered as part of your experience on Our Website.
It may include, among other things: text, images, sounds, videos and animations.
It includes content Posted by you.
“Intellectual
Property”
means intellectual property
owned by us or by any third party, of every sort, whether or not registered
or registrable in any country, including intellectual property of all kinds
coming into existence after today; and including, among others, patents,
trade marks, unregistered marks, designs, copyrights, domain names,
discoveries, creations and inventions, together with all rights which are
derived from those rights or for which application for registration has been
made in any country.
“Our Website”
means the entire computing
hardware and software installation that is or supports our website including
any communication or peripheral system. It includes any website of ours, and
all web pages controlled by us.
“Post”
means place on or into Our
Website any Content or material of any sort by any means.
“Licence”
means a licence granted by us
to you in the terms of this agreement for use of a Licensed Product.
“Licensed Product”
means any product, material or
thing offered for Licence by us on Our Website, whether or not bought by you.
A reference to “Product” shall be a reference to all or part of a Product or
to a Product changed by you in any way.
“Service”
means any service we sell from
time to time, whether or not connected to a Licensed Product.
2. Interpretation
In this agreement the following
meanings apply unless the context otherwise requires:
a reference to a person
includes a human individual, a corporate entity and any organisation which is
managed or controlled as a unit.
a reference to a person
includes reference to that person’s successors, legal representatives,
permitted assigns and any person to whom rights and obligations are transferred
or pass as a result of a merger, division, reconstruction or other
re-organisation involving that person.
the headings to the paragraphs
and schedules (if any) to this agreement are inserted for convenience only and
do not affect the interpretation.
any agreement by either party
not to do or omit to do something includes an obligation not to allow some
other person to do or omit to do that same thing;
a reference to an act or
regulation includes new law of substantially the same intent as the act or
regulation referred to.
these terms and conditions
apply to all supplies of Licensed Products by us. They prevail over any terms
proposed by you.
this agreement is made only in
the English language. If there is any conflict in meaning between the English
language version of this agreement and any version or translation of this
agreement in any other language, the English language version shall prevail.
3. Basis of Contract
If you use Our Website in any
way on behalf of another person you warrant that you have full authority to do
so and you accept personal responsibility for every act or omission by you.
When you buy a Licensed
Product, you are in fact buying a licence to use that Licensed Product. The
terms of use vary from one Licensed Product to another and are contained in our
“Product Licence Terms”. That Licence is supplemental to this agreement and to
be read with this agreement to provide the full agreement between us.
In entering into this contract
you have not relied on any representation or information from any source except
Our Website.
[Unfortunately,
we cannot guarantee that every Product advertised on Our Website is available.
If at any time a Product becomes unavailable, we will immediately refund any
money you have paid.]
There is no contract between us
for any free service, so you do not become a client by using any free service
and we are not liable to you in any way resulting from your use of any free
service.
The price of any Licensed
Product or Service may be changed by us at any time. We will never change a
price so as to affect the price charged to you at the time when you buy that
Licensed Product or Service.
You agree that you are bound by
these terms (or the latest version of them) for all future contracts with us,
whether ordered through Our Website or in some other way.
You now agree that you commit a
breach of this contract if you seek repayment of money paid to us by asking
your credit card provider to credit back a payment made to us, without
attempting to seek repayment from us first. In that event, you agree that you
will owe us first the sum charged to us by our payment service provider and
secondly a sum based on time spent at € [100]
per hour in dealing with your breach. You also agree that this provision
is reasonable.
The Contract between us comes
into existence at the earlier of:
when we write to you to confirm
that your order has been delivered; or
when you download the Licensed
Product you have bought.
We may change this agreement
and / or the way we provide a Product, at any time. If we do:
the change will take effect
when we Post it on Our Website. You are advised to check this page from time to
time.
if you make any payment for
Licensed Products or Services in the future, you will do so under the terms
posted on Our Website at that time.
4. The price
The prices payable for the
Licensed Product and Services are clearly set out on Our Website.
The price charged for any
Licensed Product or Service may differ from one country to another. You may not
be entitled to the lowest price unless you reside in the qualifying country.
Prices are inclusive of any
applicable value added tax or other sales tax.
Charges for Services are fixed
whenever it is reasonably possible for us to ascertain the price.
When we do not provide fixed
charges for the Service, we will charge by the hour. In that case all work
done, including all letters, e-mails, faxes and telephone calls made and
received will be charged on a time basis in minimum units of [one tenth of an hour].
Estimates of charges will be
provided to you wherever possible.
You can find our hourly
charging rate, time travel rate and motor mileage rate on Our Website. Other
travel costs will be re-charged at cost incurred.
Our Services require payment in
advance in every case.
Note: you can keep our charges low by
providing full instructions and avoiding unnecessary contact.
5. Security of your credit card
We take care to make Our Website
safe for you to use.
Card payments are not processed
through pages controlled by us. We use one or more online payment service
providers who will encrypt your card or bank account details in a secure
environment.
If you have asked us to
remember your credit card details in readiness for your next purchase or
subscription, we will securely store your payment details on our systems. These
details will be fully encrypted and only used to process your automatic monthly
payments or other transactions which you have initiated.
6. Cancellation and refunds
This paragraph applies if you buy
as a consumer as defined in the European Union (Consumer Information,
Cancellation and Other Rights) Regulations 2013. Provided the Regulations apply
to the transaction concerned, then the following terms apply to the contract.
We now inform you that
information relating to all aspects of our Products and Services is not in this
document but in our marketing material, whether that is in the medium of Our
Website or in hard copy.
Please note that following sub
paragraphs apply to the Services we offer for sale on Our Website.
The following rules apply to
cancellation of your order:
If you have ordered our Service
but we have not yet started to work for you, you may cancel your order without
giving a reason, at any time within 14 days of your order. You will have no
obligation and we will return any money due to you.
If you want us to start work
before 14 days has passed, you can opt out of your cancellation right. To do
that you have to instruct us to start your work as soon as we can. We have
provided a form and a full explanation of the procedure at the end of this
document.
If you have ordered our Service
and we have started to work for you, you may cancel your order without giving a
reason, at any time within 14 days of your order. You must tell us that you
wish to cancel.
if you do so, you will owe us
for work done to the date of cancellation and any money spent on your behalf.
In any of the above
circumstances, we will return any money due to you within 14 days.
Please note that following
sub-paragraphs apply only to a Licensed Product you download or which we send
as an email attachment.
If you buy a Product which is
delivered to you in soft copy, whether by download, or email or some other
medium, the law provides that you can opt out of your right to the 14 day
cancellation period. Of course, we will not accept your order unless you agree
to lose your cancellation right.
You do this by instructing us
to arrange delivery immediately, or as soon as we can. If you do that, we will
send your Product immediately and you lose your right to cancel your order.
By accepting these terms, you
now agree that you are instructing us to deliver immediately and you understand
that, in doing so, you lose your right to cancel your order within 14 days.
This paragraph does not affect
your rights in the event that the Product is faulty.
7. Liability for subsequent defects
Please check the Product
received from us immediately after you [download it].
If you find an error or defect
in the Product, you must tell us by email message to [email protected] .
The procedure to report an
error or defect is as follows:
you must report to us as soon
as any defect is discovered but not later than [1 week] from
receipt by you.
before you report to us, please
carefully re read the document/instructions fully to
confirm that there is definitely a defect in the Product.
please tell us clearly what is
the fault you complain of, when it first became apparent or arises, and other
information to enable us to identify or reproduce it.
If we agree that the Product is
faulty, then we shall:
fix the issue within [7] days and immediately send a new copy to you, or
refund the full cost you have
paid.
8. Content you Post to Our Website
You agree that you will not use or
allow anyone else to use Our Website to Post any Content which is or may:
be information which could
promote or assist any unlawful purpose;
consist in commercial audio,
video or music files;
be illegal, obscene, offensive,
threatening or violent;
be sexually explicit or
pornographic;
be likely to deceive any person
or be used to impersonate any person, or to misrepresent your identity, age or
affiliation with any person;
solicit passwords or personal
information from anyone;
be used to sell any goods or
services or for any other commercial use;
include anything other than
words (i.e. you will not include any symbols or photographs) except for a
photograph of yourself in your profile in such place as we designate;
be incomplete or inaccurate or
submitted otherwise than as requested by Our Website;
link to any of the material
specified above, in this paragraph.
9. Your Posting: restricted content
In connection with the restrictions
set out below, we may refuse or edit or remove Content which does not comply
with these terms.
In addition to the restrictions set
out above, Content must not contain:
hyperlinks, other than those
specifically authorised by us;
keywords or words repeated,
which are irrelevant to the Content Posted.
the name, logo or trademark of
any organisation other than yours.
inaccurate, false, or
misleading information.
10. How we handle your Content
Our privacy policy is strong
and precise. It complies fully with the Data Protection Act 2018 which is available
on our website.
If you Post Content to any
public area of Our Website it becomes available in the public domain. We have
no control over who sees it or what anyone does with it.
Even if access to your text is
behind a user registration it remains effectively in the public domain because
someone has only to register and log in, to access it. You should therefore
avoid Posting unnecessary confidential information.
[You now
irrevocably authorise us to publish feedback, comments and ratings about your
activity through Our Website, even though it may be defamatory or critical].
Posting content of any sort
does not change your ownership of the copyright in it. We have no claim over it
and we will not protect your rights for you.
You understand that you are
personally responsible for your breach of someone else’s intellectual property
rights, defamation, or any law, which may occur as a result of any Content
having been Posted by you.
You accept all risk and
responsibility for determining whether any Content is in the public domain and
not confidential.
Please notify us of any
security breach or unauthorised use of your account.
11. Removal of offensive Content
For the avoidance of doubt,
this paragraph is addressed to any person who comes on Our Website for any
purpose.
We are under no obligation to
monitor or record the activity of any customer for any purpose, nor do we
assume any responsibility to monitor or police Internet-related activities.
However, we may do so without notice to you and without giving you a reason.
If you are offended by any
Content, the following procedure applies:
your claim or complaint must be
submitted to us in the form available on Our Website, or contain the same
information as that requested in our form. It must be sent to us by post or
email;
we shall remove the offending
Content as soon as we are reasonably able;
after we receive notice of a
claim or complaint, we shall investigate so far as we alone decide;
we may re-instate the Content
about which you have complained or not.
In respect of any complaint
made by you or any person on your behalf, whether using our form of complaint
or not, you now irrevocably grant to us a licence to publish the complaint and
all ensuing correspondence and communication, without limit.
You now agree that if any
complaint is made by you frivolously or vexatiously you will repay us the cost
of our investigation including legal fees, if any.
12. Security of Our Website
If you violate Our Website we
shall take legal action against you.
You now agree that you will
not, and will not allow any other person to:
modify, copy, or cause damage
or unintended effect to any portion of Our Website, or any software used within
it.
link to Our Website in any way
that would cause the appearance or presentation of Our Website to be different
from what would be seen by a user who accessed Our Website by typing the URL
into a standard browser;
download any part of Our
Website, without our express written consent;
collect or use any product
listings, descriptions, or prices;
collect or use any information
obtained from or about Our Website or the Content except as intended by this
agreement;
aggregate, copy or duplicate in
any manner any of the Content or information available from Our Website, other
than as permitted by this agreement or as is reasonably necessary for your use
of the Services;
share with a third party any
login credentials to Our Website.
Despite the above terms, we now
grant a licence to you to:
create a hyperlink to Our
Website for the purpose of promoting an interest common to both of us. You can
do this without specific permission. This licence is conditional upon your not
portraying us or any Product or Service in a false, misleading, derogatory, or
otherwise offensive manner. You may not use any logo or other proprietary
graphic or trademark of ours as part of the link without our express written consent.
you may copy the text of any
page for your personal use in connection with the purpose of Our Website or a
Service we provide.
If it is necessary for us to
interrupt our service, we will give you reasonable notice where this is
possible and when we think the down time is such as to justify telling you.
You acknowledge that TEFLlessons.com service may also be interrupted for
many reasons beyond our control.
You agree that we are not
liable to you for any loss, foreseeable or not, arising from any interruption
to our service.
14. Intellectual Property
We will defend our Intellectual
Property rights in all countries.
Except as provided in our
Product Licence Terms, you may not copy, modify, publish, transmit, or sell, create
derivative works from, distribute, perform, display, or in any way exploit any
of our Intellectual Property or that owned by any third party and accessible to
you via Our Website.
You may not use our name or
logos or trademarks or any other content on any website of yours or that of any
other person.
You agree that at all times you
will:
not cause or permit anything
which may damage or endanger our title to any of our Intellectual Property;
notify us of any suspected
infringement of the Intellectual Property;
indemnify us for any loss or
expense arising from your misuse of the Intellectual Property;
not use any name or mark
similar to or capable of being confused with any name or mark of ours.
15. Disclaimers and limitation of liability
1: EU Consumers :
The law differs from one
country to another. This paragraph applies to sales throughout the EU.
All implied conditions,
warranties and terms are excluded from this agreement. If in any jurisdiction
an implied condition, warrant or term cannot be excluded, then this sub
paragraph shall be deemed to be reduced in effect, only to the extent necessary
to release that specific condition, warranty or term.
We make no representation or
warranty and accept no responsibility for:
that the Licensed Product will
be data secure
that the Licensed Product or
Service will be available or accessible, without interruption, or without
error;
malfunction in any hardware of
yours;
malfunction in any Licensed
Product provided by us unless you can prove that it was defective when you
received it from us;
the provision or failure to
provide any firewall;
We claim no expert knowledge in
any subject. We disclaim any obligation or liability to you arising directly or
indirectly from information you take from Our Website.
You agree that in any
circumstances when we may become liable to you, the limit of our liability is
the amount you have paid us in the immediately preceding 12 month period for
the Services or Licensed Product concerned.
We shall not be liable to you
for any loss or expense which is:
indirect or consequential loss;
or
economic loss or other loss of
turnover, profits, business or goodwill, even if such loss was reasonably
foreseeable or we knew you might incur it.
This paragraph (and any other
paragraph which excludes or restricts our liability) applies to our directors,
officers, employees, subcontractors, agents and affiliated companies as well as
to us.
If you become aware of any
breach of any term of this agreement by any person, please tell us by email. We welcome your input [but do not guarantee to agree
with your judgement.]
2: Anyone except EU consumers:
The law differs from one
country to another. This paragraph applies so far as the applicable law allows.
All implied conditions, warranties and terms are excluded from this
agreement. If in any jurisdiction an implied condition, warrant or term cannot
be excluded, then this sub paragraph shall be deemed to be reduced in effect,
only to the extent necessary to release that specific condition, warranty or
term.
We sell Licensed Products and Services in good faith. But we make no
representation or warranty that any Licensed Product or Service will be:
useful to you;
of satisfactory quality;
fit for a particular purpose;
available or accessible,
without interruption, or without error.
We claim no expert knowledge in any subject. We disclaim any
obligation or liability to you arising directly or indirectly from information
you take from Our Website.
We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, economic loss, or other loss of turnover, profits, business, or goodwill. This applies whether in an action of contract, negligence, or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
We make no representation or warranty and accept no responsibility
in law for:
malfunction in any hardware of
yours;
malfunction in any Licensed
Product provided by us unless you can prove that it was defective when you
received it from us;
the provision or failure to
provide any firewall;
accuracy of any Content or the
impression or effect it gives;
delivery of Content, material, or any message;
privacy of any transmission;
any act or omission of any
person or the identity of any person who introduces himself to you through Our
Website;
any aspect or characteristic of
any goods or services advertised on Our Website;
Our Website includes Content Posted by third parties. We are not responsible for any such Content. If you come across any Content which offends you, please contact us via the “Contact Us” page on Our Website.
We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance, or other good reasons. We may do so without telling you first.
You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12-month period for the Services or Licensed Product concerned.
This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents, and affiliated companies, as well as to us.
If you become aware of any breach of any term of this agreement by any person, please tell us by email. We welcome your input [but do not guarantee to agree with your judgment.]
Nothing in this agreement excludes liability for a party’s fraud.
Disclaimer: Third-Party TEFL Course Providers
The tefllessons.com website is dedicated to providing TEFL (Teaching English as a Foreign Language) teaching resources to educators and learners. We aim to assist you in finding valuable resources and information related to TEFL.
Third-Party Course Providers:
Our Website may contain links, references, or advertisements to third-party TEFL course providers, including but not limited to, online courses, training programs, and certification services (“Third-Party Providers”). Some of these Third-Party Providers have affiliate relationships with TEFLlessons.com.
Affiliation Disclosure:
TEFLlessons.com has affiliate relationships with certain Third-Party Providers. This means that we may receive compensation, commissions, or referral fees when users click on our affiliate links and make a purchase or take a specific action on the affiliated provider’s website. However, please be assured that our affiliation does not influence our editorial content, recommendations, or reviews.
Independence of Third-Party Providers:
Regardless of our affiliation with certain Third-Party Providers, we do not vouch for the quality, accuracy, suitability, or legitimacy of the services or products offered by any Third-Party Providers. Our inclusion of links or references to them does not imply any form of partnership, sponsorship, or exclusive recommendation.
User Responsibility:
When engaging with or making decisions regarding Third-Party Providers, we strongly recommend that you conduct your own research, due diligence, and assessment to determine if a specific course or service aligns with your educational and professional goals. Verify the credibility, credentials, and reviews of the Third-Party Providers before making any commitments.
Limitation of Liability:
TEFLlessons.com shall not be held liable for any disputes, losses, or damages arising from your interactions or transactions with Third-Party Providers, whether affiliated or not. Your use of their services or products is solely at your own risk, and any issues should be resolved directly with the Third-Party Provider in question.
Changes to Content:
We reserve the right to modify, update, or remove content, including links and references to Third-Party Providers, on our Website without prior notice. We do this to maintain the accuracy and relevance of our resources.
By using our Website, you acknowledge and agree to these disclaimers and terms. If you do not agree with these terms, please refrain from using our Website.
If you have any questions or concerns regarding this disclaimer or any other aspect of our Website, please contact us.
16. You indemnify us
You agree to indemnify us against all costs, claims, and expenses arising directly or indirectly from:
your failure to comply with the
law of any country;
your breach of this agreement;
any Content you Post to Our
Website;
any data you send or upload to
Our Website for storage or any other purpose;
a breach of the intellectual
property rights of any person;
your failure to conform to any
relevant Internet protocol;
any use of your site for a
purpose forbidden by this agreement;
any act, neglect, or default by any agent, employee, licensee, or customer of yours;
a contractual claim arising
from your use of the Licensed Products;
and for the purpose of this paragraph, you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at € [100.00] per hour without further proof.
17. Dispute resolution
In this paragraph, the term “ADR Provider” means an approved body under the European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015.
The following terms apply in the
event of a dispute between the parties:
If you are not happy with our
services or have any complaint then you must tell us by email message to [email protected] .
If a dispute is not settled as
set out above, we hope you will agree to attempt to resolve it by engaging in
good faith with us in a process of mediation or arbitration.
We can propose an ADR Provider
or will listen to your proposal. If you are in any way concerned, you should
read the regulations at: http://ec.europa.eu/consumers/odr/ .
18. Miscellaneous matters
If any term or provision of
this agreement is at any time held by any jurisdiction to be void, invalid or
unenforceable, then it shall be treated as changed or reduced, only to the
extent minimally necessary to bring it within the laws of that jurisdiction and
to prevent it from being void and it shall be binding in that changed or
reduced form. Subject to that, each provision shall be interpreted as severable
and shall not in any way affect any other of these terms.
You undertake to provide us with your current land address, e-mail address, and telephone number as often as they are changed together with all information that we may require to enable us to fulfill our obligations under this contract.
If you are in breach of any
term of this agreement, we may:
terminate your account and
refuse access to Our Website;
issue a claim in any court.
Any obligation in this
agreement intended to continue to have effect after termination or completion
shall so continue.
No failure or delay by any
party to exercise any right, power or remedy will operate as a waiver of it nor
indicate any intention to reduce that or any other right in the future.
Any communication to be served
on either of the parties by the other shall be delivered by hand or sent by
first class post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
If delivered by hand: on the day of delivery;
If sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. [Take care before agreeing to accept service by e-mail. It may be convenient, but you could miss or accidentally delete the message].
So far as the law permits, and
unless otherwise stated, this agreement does not give any right to any third
party.
The validity, construction, and performance of this agreement shall be governed by the laws of Ireland and you agree that any dispute arising from it shall be litigated only in Ireland.
Information about your statutory
right to cancel
Licensed Product
Your right to cancel
Under the European
Union (Consumer Information, Cancellation and Other Rights) Regulations 2013,
you have the right to cancel this contract within 14 days without giving any
reason.
The
cancellation period will expire 14 days after the contract was made. That means
you can cancel before you have downloaded the product or we have delivered it
to you.
Exception when you opt-out
This
provision applies to digital products which we deliver to you either:
by allowing you to download; OR
by our sending it as an email attachment; OR
(if in a hard copy container) by post or other carriers
If you want
us to immediately deliver/download a product other than to wait for 14 days
away, please complete the form below.
[Here we provide two
options. Either use option 1 – by inserting the text in your T&Cs so that
your customer has to accept it first before he confirms his order to download
or option 2 – by sending you the request by email].
Request for immediate download
I/We hereby
give notice that we would like you to supply the product shortly.
I/We
confirm that you have explained that by ticking this box we will lose our right
to cancel and return the product within14 days.
I/We have
read this agreement carefully. I/We understand and acknowledge that by ticking this
box we are committed to all its terms.
We instruct
you to send the product to us as soon as you can.
Instructed
on [date]
Name: [enter name or names in which the order was made]
Address: [enter your address]
Signature: only if this form is notified
on paper)
Date: [date]
Service terms
Your right to cancel
Under the European
Union (Consumer Information, Cancellation and Other Rights) Regulations 2013,
you have the right to cancel this contract within 14 days without giving any
reason.
The
cancellation period will expire 14 days after the contract was made. That means
you can cancel before you have downloaded the product or we have delivered it
to you.
Exception when you opt-out
Before we
agree to provide our service, we therefore ask that you give up your right to
cancel, as the law allows. If you do not agree, we shall not work for you.
[Here we provide two options. Either use
option 1 – by inserting the text in your T&Cs so that your customer has to
accept it first before he confirms the order to download or option 2 – by
sending you the request by email].
Option 1
If you tick
the box on our website to confirm acceptance of [this
agreement / our contractual terms and conditions], you:
confirm that you want us to supply product/service before the expiry of 14 days.
AND
confirm that you want us to
start work for you in any service provision, whether this is incidental to [a product] or sold separately.
AND
accept that you will lose your
right to cancel the contract.
AND
understand that your agreement
is a term of the contract between us.
Please note that following cancellation form will be
used only if your business model as such to allow the customers to cancel a
service you provide along with a product.
To meet the
cancellation deadline, it is enough for you to send your communication
concerning your exercise of the right to cancel before the cancellation period
has expired.
To exercise
the right to cancel, you must inform us of your decision to cancel this
contract by a clear statement, sent to us by post or e-mail.
You may use
the attached model cancellation form, but you can use your own words as long as
your intention is clear.
[You can also make
this form available electronically on your website. If you use this option, you
should acknowledge cancellation by email without delay.]
[Attach this form to
your contract or show it as a web form. Complete it as far as possible. Edit
the last line as to whether it is to be completed as a web form or on paper.]
To [here enter the trader’s name, geographical address, and, where available, fax number and e-mail address are to be inserted by the trader]:
I/We hereby
give notice that I/we cancel my/our contract of sale of the following products [enter details of goods and any reference].
Ordered on [date]/received on [date],
Name: [enter name or names in which the order was made],
Address: [enter your address],
Signature: (only if this form is notified
on paper)
Date: [date]
Product Licence
Terms
We are [trade name], a company registered in [country], number [registered
number].
Our address
is [address]
VAT
Registration Number: [number]
You are: Anyone who buys a Licence from us.
These are the agreed terms
These
Product Licence Terms are supplemental and additional to the above terms and
conditions (the “T&C”) relating to use of Our Website. By buying or using
any Licensed Product, you agree to be bound by them.
1. Definitions
In this agreement, the definitions
in the T&C apply. In addition, the following words shall have the following
meanings, unless the context requires otherwise:
“Copy or Publish”
with reference to a Licensed
Product, means reproducing or publishing in whole or in part, using any
means, in any medium. It includes breaking up, changing, cropping or any
other change or use as part of some other created work.
“Restrictions on Use”
means first, the restrictions
set out in this agreement and second, all restrictions or limitations arising
from choices you made at the time of purchase. These may relate to
limitations on use, territory, duration, or any other choice which defines
the Licensed Product.
“Third Party Owner”
means an owner of a Licensed
Product which is not owned by us.
“Licence”
means a licence granted by us
to you in the terms of this agreement for use of a Licensed Product.
“Licensed Product”
means any product, material or
thing offered for Licence by us on Our Website, whether or not bought by you.
A reference to “Product” shall be a reference to all or part of a
Product or to a Product changed by you in any way.
2. Interpretation
The interpretation and definition
provisions of the T&C apply also to this agreement.
3. The Licence
You confirm that you have
authority to enter into this agreement [and have
obtained all necessary approvals to do so].
In entering into this contract
you have not relied on any representation or information from any source except
that on Our Website.
We do not offer the Licensed
Products in all countries. We may refuse a Licence if you live in a country we
do not serve.
If any information you give us
is inaccurate, your Licence is automatically terminated and no refund of money
will be due to you.
Subject to the terms of this
agreement, we grant to you a Licence to use a Licensed Product.
This Licence is limited by the
Restrictions on Use. You agree to comply with all Restrictions on Use no matter
how communicated to you.
No express or implied licence
of the Licensed Product or any other material is granted to you other than the
express Licence granted in this agreement.
[Any
continuation of your Licence by us or by you after the expiry of one year is a
new contract in the terms then shown on Our Website. Your continued use of our
Licensed Product after that shall be deemed acceptance by you of the changed
Product, system and/or terms.]
4. Limitations and permissions on Licences
You must not sub-license a
Licensed Product.
You must not Copy or Publish a
Licensed Product except as specifically allowed in this agreement.
You may not allow any other
person to use a Licensed Product except in the situation or context for which
you have bought it.
You may not represent or give
the impression that you are the owner or originator of any Licensed Product.
You may not remove any
identification or reference number or other information which may be embedded
in any file of a Licensed Product.
Every publication or appearance
of a Licensed Product on a website must be protected as far as the law allows
by separate, specific or general provisions against copying or publishing. We
allow you to use the definition of “Copy or Publish” used in this agreement.
You may not use a Licensed
Product:
except for the use specified at
the time of purchase;
in a context which is
pornographic;
containing a human model in any
way which might degrade that person in the eyes of a reasonable viewer;
in part or as a whole, as a
logo or otherwise to incorporate it in any intellectual property of yours;
in an application for
mobile/cell phone use, except as part of a marketing programme based on a
website;
for a secondary use, for
example on social networks;
5. Freedom to use
Despite the above limitations, you
may copy a Licensed Product:
once for the purpose of system
maintenance or to show or share with some other person who has a business
interest in it;
to a contractor of yours whose
contract is to work on the project or purpose for which you have bought the
Licensed Product. In this case the Licence extends only to that project or
purpose. If this happens, you remain liable to us in every way for the acts and
omissions of your contractor. We advise you to obtain an appropriate agreement
from your contractor to protect you in this regard.
6. Copyright and other Intellectual Property
You agree that at all times you
will:
not cause or permit anything
which may damage or endanger our title to any Licensed Product or other
Intellectual Property or the title of any Third Party Owner whose work has been
made available to us as a Licensed Product;
notify us of any suspected
infringement of the Intellectual Property.
If you use a Licensed Product
in a way not allowed by this agreement we may take legal action anywhere in the
World. If loss to us or any other person results from your wrongful action, you
will be liable to pay.
If we terminate the Licence on
account of your breach, you agree that you will:
immediately stop using the
Licensed Product;
destroy all copies of the
Licensed Product in your possession or control;
destroy any work of yours
derived from a Licensed Product.
To give us assurance that you
are using the Licensed Product in accordance with the terms of the Licence, you
agree that you will give us copies of your works and materials containing or
using a Licensed Product. We will give you [14] days
notice of this requirement. You agree also to provide access to relevant pages
which have restricted access or are fire-walled.
If we reasonably believe that
you are using a Licensed Product outside the scope of this Licence, you agree
to provide written confirmation of your compliance, in a form to be drawn by
us.
7. Assignment
You may not assign, delegate,
sub-contract, mortgage, charge or otherwise transfer any or all of its rights
and obligations under this agreement without our prior written consent, except
that:
You may assign and transfer all
your rights and obligations under this agreement to any person to which you
transfer all of your business, provided that the assignee undertakes in writing
to the other party to be bound by your obligations under this agreement.
8. Third Party Owners and additional restrictions
Some Products offered for Licence
on Our Website are owned by Third Party Owners and not by us. Where that is
indicated, the following additional provisions apply:
the price of the Licence
includes a sum payable by us to the Third Party Owner;
you have no obligation to make
payment to the Third Party Owner;
we are the agent of the Third
Party Owner and accept all obligations and liability to you in connection with
the Licensed Product;
you remain liable to the Third
Party Owner, through us, for compliance with this agreement;
in any event when you may be
liable to the Third Party Owner for breach of this agreement, you will
indemnify us for all cost and liability arising from our relationship with the
Third Party Owner, our acting as his agent, or your buying a Licensed Product
owned by him.
9. Miscellaneous matters
At any time if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement, we reserve the right to terminate this agreement without refunding to you any payment made.
In some jurisdictions, you may not use a human image without the consent of that person. That may apply to any person or only to a model. The permission is generally known as a “release”. You alone are responsible for obtaining any necessary release and for paying any fees due.
Our Licensed Products are marked on Our Website with a notation as to whether a release may be necessary. If not marked, you may take it that the Licensed Product in question has been released.