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.

13. Interruption to TEFLlessons.com service

• 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.

Notice of right of cancellation: Right to Cancel and Model
Cancellation Form

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.]

Model cancellation
form

[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.