Terms and Conditions for the Use of This Site
Please read these Terms and Conditions carefully, they contain important information about your rights and obligations. You must accept these terms and conditions before buying our Products on line.
1 Introduction
1.1
Please read these Terms and Conditions carefully before using the web site operated by Illumination Educational Software Limited ("IES", "our", "we", or "us") Company Number 05741181. By accessing and/or using the IES web site ("our Web Site") you agree to be legally bound by the Terms and Conditions which may be modified and posted on our Web Site from time to time.
1.2
If you do not wish to be bound by these Terms and Conditions then you may not use our Web Site.
2 Nature of our Web Site
2.1
Our Web Site is a place for you to select and order educational software (the "Products"). our Web Site describes the Products in more detail.
2.2
Please note that purchasing Products from our Web Site is available only to individuals or organisations who can form legally binding contracts under the laws of England and Wales. You must be over 18 years old to purchase the Products, using the payments methods displayed on our Web Site.
3 Buying Products on our Web Site
3.1
To order any Products, you will need to follow the ordering procedures set out in the ordering section of our Web Site. Details of our prices for the Products and procedures for payment and delivery are displayed on our Web Site.
3.2
You must pay by credit or debit card using PayPal or opt to pay by cheque or BACS transfer at the time of order. The price of the Products is the price in force at the date and time of your order. We may change the price of any Products before you place an order. We try to ensure that current prices are displayed on our Web Site but the price on your order will need to validated by us as part of the acceptance procedure (see clause 3.3 below). We will inform you if the correct price is higher than that stated in your order and you may decide whether you wish to proceed at the correct price or cancel your order. The prices are exclusive of delivery costs and applicable taxes, which may be added to the price.
3.3
IES is entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by online electronic means ("Confirmation") to the email address you have given us on placing your order. The order will then be fulfilled by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within 30 days.
3.4
You undertake that all details you provide to us for the purpose of purchasing Products which may be offered by us on our Web Site will be correct, the credit or debit card or Paypal account is your own and that there are sufficient funds or credit facilities to cover the cost of any Products. We reserve the right to obtain validation of your credit or debit card details before providing you with any Products.
3.5
Products shall be delivered either by download from our Web Site or by first class post on disk.
3.6
Any dates quoted for postal delivery of the Products are approximate only and we shall not be liable for any delay in postal delivery of the Products howsoever caused.
3.7
Risk of damage to or loss of the Products shall pass to you at the time of receipt or, if you wrongfully fail to take delivery of the Products, the time when we have tendered delivery of the Products.
3.8
Delivery of goods on-line shall be deemed once you have successfully downloaded the Product(s) from our Web Site.
3.9
Upon receipt of the Products by either disk or download you must click to accept on the relevant user licence to validate the Products.
4 Returns
4.1
Any claim by you which is based on any defect in the quality or condition of the Products or their failure to correspond with the specification shall be notified to us within 5 days of receipt of the Products howsoever delivered. If you do not notify us of your complaint, you shall not be entitled to reject the Products and we shall have no liability for such defect or failure, and you shall be bound to pay the price as if the Products had been delivered in accordance with these Terms and Conditions.
4.2
Where such defect in the quality or condition of the Products or their failure to meet specification is notified to us in accordance with these Terms and Conditions, we shall be entitled to replace the Products (or the part in question) free of charge or, at our sole discretion, refund to you the price of the Products (or a proportionate part of the price), but we shall have no further liability to you.
5 Modifications to our Web Site
5.1
We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our Web Site or the contents 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 shall be the subject of these Terms and Conditions.
5.2
Please note that although we try to ensure that the content of our Web Site is accurate, our Web Site may contain typographical errors and other inaccuracies.
6 Information you provide to us
6.1
The following applies to any information you provide to us, for example during the registration or ordering process.
6.1.1
You authorise us to use, store or otherwise process any personal information which relates to you 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 Web Site by us, our partners, successors (including the purchase of the whole or part of our business), associates, sub-contractors or other third parties (together "Our Partner Companies"). If you would like details of the companies involved in our business these will be provided on request.
6.1.2
If you obtain or choose to buy Products through our Web Site then we may collect information about your buying behaviour and if you send us personal correspondence such as emails or letters, or post reviews or other messages on the bulletin boards of chat areas, then we may collect this information into a file specific to you. All such information collected by us shall be referred to in these Terms and Conditions as "Personal Information".
6.1.3
You must ensure that the Personal Information you provide is accurate and complete and that all ordering and/or registration details contain your correct name, address and other requested details.
6.1.4
All Personal Information is processed in accordance with the Data Protection Act 1998.
6.2
By accepting these Terms and Conditions you agree to the processing and disclosure of the Personal Information for the purposes set out in 6.1 above. If you would like to review or modify any part of your Personal Information then you should email us at enquiries@illumination-ed.co.uk.
6.3
In addition, the following also applies to all messages, emails, bulletin board postings, ideas, suggestions, concepts or other material submitted by you to us ("Content").
6.3.1
You must own or have the right to submit Content for publication on our Web Site 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;
6.3.2
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;
6.3.3
You must ensure that the Content does not advertise or otherwise solicit for funds or is a solicitation for Products or services;
6.3.4
We have the right to monitor Content and may edit, reject or remove Content if we believe that it does not comply with the above and, in particular, we reserve the right to block incoming emails and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.
6.4
You grant us a non-exclusive, irrevocable, royalty free, world wide licence to publish all Content that you submit to us except any portion of the Content which is Personal Information. You have sole responsibility for the Content which you submit to us and you shall indemnify and 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.
6.5
You warrant and undertake that you will not use our Web Site for any purpose that is illegal or prohibited by these Terms and Conditions, including without limitation the posting or transmitting of any libellous, defamatory, inflammatory or obscene material. If you breach these Terms and Conditions then your permission to use our Web Site 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 and Conditions.
7 Security
7.1
You are solely responsible in all respects for all use of and for the protecting the confidentiality of any user name, email verification and password that may have been given to you or selected by you for use on our Web Site. You may not share these with or transfer them to any third party. You must notify IES immediately of any unauthorised use of them or any other breach of security regarding our Web Site that comes to your attention.
8 Applicability of Online Materials
8.1
Unless otherwise specified all content and materials published on our Web Site are presented solely for your private, personal and non-commercial use. Licenses to use our Products are personal to the person or organisation that purchased them and shall not be transferred or assigned without our express permission.
8.2
Our Web Site is controlled and operated by us from our offices in England. Where content published on our Web Site is supplied by third parties, you understand that we do not control or endorse such content in any way. Any content which is offered by third parties that are not affiliated 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 off-line) and the use of such content, except for content which relates directly to products you purchase.
8.3
We have used our best endeavours to ensure that our Web Site complies with UK law. However, we make no representations that the materials on our Web Site are appropriate or available for use in locations outside of the UK. Those who visit our Web Site from other locations do so on their own initiative and are responsible for compliance with all applicable law. If use of our Web Site and/or viewing of it, or use of any material or content on our Web Site, or Products offered through our Web Site are contrary to or infringe any applicable law in your jurisdiction, you are not authorised to view or use our Web Site and you must exit immediately.
8.4
IES makes no representation and gives no warranties, express or implied, that making the Products available in any particular jurisdiction outside of the UK is permitted under any non-UK laws or regulations.
9 Copyright and Monitoring
9.1
The contents of our Web Site and our Products are protected by International Copyright Laws and other Intellectual Property Rights. The owner of these rights is IES, its affiliates or other third party licensors. All product and company names and logos mentioned in our Web Site are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our Web Site for the sole purpose of placing of an order with IES or using our Web Site as a shopping resource.
9.2
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 Web Site including but not limited to the Products, 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.
10 Availability of our Web Site
10.1
We will try to make our Web Site available but cannot guarantee that our Web Site 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 Web Site and, in particular, you must not attempt to circumvent security, tamper with, hack into or otherwise disrupt any computer system, server, web site, router or any other internet connected device.
11 Liability
11.1
We promise that for any Products you purchase from our Web Site:
11.1.1
we have the right to sell the Products to you;
11.1.2
the Products will correspond to the description we have given to you;
11.1.3
the Products will be of satisfactory quality;
11.1.4
the Products will be fit for the purpose notified to you by IES.
11.2
Subject to this, however, Products are not sold as being for any particular application or for use under specific conditions, unless expressly agreed in writing.
11.3
We exclude all other express or implied terms and conditions, warranties, representations or endorsements whatsoever with regard to any products (including without limitation the Products), our Web Site or any information or service provided through our Web Site.
11.4
We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct of 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 Web Site or its contents other than as a direct result of purchasing products, (which shall be subject to the exclusions and limitations of liability set out in these Terms and Conditions), we accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause whether on the part of IES or our servants, agents or any other person or entity.
11.5
If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Products concerned. This does not apply to any liability we have for death or personal injury resulting from our negligence or from our fraudulent misrepresentation.
11.6
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Web Site and is compatible with our Web Site. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our Web Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for 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.
11.7
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.
12 General
12.4
We may assign, transfer, novate or sub-contract any or all of our rights and obligations under these Terms and Conditions at any time.
12.5
We may alter these Terms and Conditions from time to time and post the new version on our Web Site, following which all use of our Web Site will be governed by that version. You must check the Terms and Conditions on our Web Site regularly.
12.6
These Terms and Conditions together with any licence agreement, order form and payment method instructions, if any, are the whole agreement between you and IES. You acknowledge that you have not entered into this agreement in reliance on any statement, warranty or representation made by IES or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these Terms and Conditions by reason of any misrepresentation (other than fraudulent misrepresentation) that is not contained in the Terms and Conditions, order form and payment method instructions.
12.7
If any provision or term of these Terms and Conditions 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.
12.8
These Terms and Conditions and your use of our Web Site are governed by English Law and you submit to the non-exclusive of the English Courts.
12.9
Except in respect of a payment obligation, neither you nor IES will be held liable for any failure to perform any obligation to the other due to causes beyond your or IES's respective reasonable control.
12.10
Failure or delay by either party enforcing an obligation or exercising a right under these Terms and Conditions does not constitute a waiver of that right or obligation.
13 Notices
13.4
All notices shall be given:
13.4.1
to us via email at enquiries@illumination-ed.co.uk or by post at: - 4B Martlesham Crescent, Greasby, Merseyside, CH49 3PR
13.4.2
to you at either the email or postal address you provide during any ordering process.
Notice will be deemed received when an email is received in full (or else from the next business day if it is received on a weekend or public holiday in the place of receipt) or 3 days after the date of posting.