Terms And Conditions – Shop/Online Training

BACKGROUND

These Terms and Conditions set out the terms under which Paid Content is sold by Us to business customers through our website, www.quinned.co.uk  (or such other web destinations owned by Us to which these terms & conditions shall also apply) (“Our Site”).  Please read these Terms and Conditions carefully and ensure that you understand them before purchasing any of our Paid Content.  You will be required to confirm that you have read and accept these Terms and Conditions when purchasing any of our Paid Content.  If you do not agree to be bound by these Terms and Conditions, you will not be able to purchase and access any of our Paid Content through Our Site.

1. Definitions and Interpretation
   • In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

2. Information About Us
   • Our Site, quinned.co.uk (or such other web destinations owned by Us to which these terms & conditions shall also apply) is owned and operated by Us.
   • We voluntarily adhere to the Department for Education’s ‘Standard for teachers’ professional development’.

3. Access to and Use of Paid Content
   • Access to Paid Content is via purchase from Our Site.
   • It is your responsibility to make any and all arrangements necessary to complete your purchase in order to access Paid Content.
   • Access to Paid Content is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Paid Content (or any part of it) at any time and without notice.  We will not be liable to you in any way if Paid Content (or any part of it) is unavailable at any time and for any period. See also clause 5.2.

4. Business Customers only
   • These Terms and Conditions apply to business customers only. We only provide business-to-business assistance and support. These Terms and Conditions do not apply to ‘consumers’ as defined under consumer protection legislation.
   • These Terms and Conditions constitute the entire agreement between Us and you regarding your purchase from Us of Paid Content from Our Site.
   • You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms and Conditions and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.

5. Paid Content, Pricing and Availability
   • We reserve the right to change pricing of our Paid Content from time to time. Changes in price made after you have purchased any Paid Content will not affect your access to any Paid Content that you have already purchased, but such changes will apply to any subsequent Paid Content purchased, even if the same item of Paid Content is purchased again.  All current prices for Paid Content will be clearly displayed on Our Site.
   • Changes may, from time to time, be made to certain Paid Content (or any portion of it), for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. Where any updates are made to Paid Content, that Paid Content will continue to at least match Our description of it as provided to you before you purchased said Paid Content.
   • All purchases of Paid Content attract VAT at the prevailing rate and a VAT invoice can be issued by Us upon purchase at your request.

6. Contract
   • Our Site will guide you through the process of purchasing Paid Content. Before completing your purchase, you will be given the opportunity to review your order and amend it.  Please ensure that you have checked your order carefully before submitting it.
   • If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask you to correct it.  If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your order and treat the Contract as being at an end.  We will not be responsible for any delay in the availability of Paid Content that results from you providing incorrect or incomplete information.
   • Your order to purchase Paid Content constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your order does not mean that We have accepted it. Our acceptance is indicated by Us sending you a Purchase Confirmation by email.  Only once We have sent you a Purchase Confirmation will there be a legally binding Contract between Us and you.
   • In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances.  If We have taken payment any such sums will be refunded to you.
   • Any refunds due under this Clause 6 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
   • Refunds under this Clause 6 will be made using the same payment method that you used when purchasing any Paid Content.

7. Payment
   • Your chosen payment method will be charged when We process your order and send you a Purchase Confirmation.
   • Payments due must be made in full, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
   • We currently accept the following methods of payment on Our Site:
   • VISA.
   • VISA Debit.
   • MasterCard.
   • Discover.
   • JCB.
   • American Express.

8. Provision of Paid Content
   • Paid Content will be available to you immediately when We send you a Purchase Confirmation and once purchased you may download the Paid Content and it may be viewed any number of times by you. Please note of course that Paid Content may eventually become out of date and hence we warrant only that Paid Content is up to date as at the date of purchase by you and not necessarily when that Paid Content is viewed by you.
   • In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:
     • To fix technical problems or to make necessary minor technical changes;
     • To update the Paid Content to comply with relevant changes in the law or other regulatory requirements; or
     • To make more significant changes to the Paid Content.
   • If We need to suspend availability of the Paid Content for any of the reasons set out in sub-Clause 8.2, We will endeavour to make a note as to why upon Our Site together with an indication as to when said Paid Content may be available. We will also try to note revised Paid Content as ‘new’ or ‘updated’ or similar on Our Site.

9. Licence
   • When you purchase Paid Content, We will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access the relevant Paid Content. The licence granted to you does not give you any proprietary rights in Our Paid Content (including any material that We may licence from third parties).
   • The licence granted to you under sub-Clause 9.1 is subject to the following usage restriction in that you may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’).

10. Our Liability
    • We offer generalised education setting advice and support by way of a range of materials available within our Paid Content. Any prudent person wishing to apply any of the said Paid Content to their own circumstances should always seek all available professional assistance from their own advisors. Therefore, subject to sub-clause 10.3, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us or any use/misuse by you of, or your reliance upon, our Paid Content.
    • Subject to sub-Clause 10.3, Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be the total sum paid by you under the contract in question.
    • Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.

11. Force Majeure
    • We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), pandemic (local or national), epidemic, biological incident or other natural disaster, or any other event that is beyond Our reasonable control.
    • If any event described under this Clause 11 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
      • We will inform you as soon as is reasonably possible;
      • We will take all reasonable steps to minimise the delay;
      • To the extent that We cannot minimise the delay, Our affected obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
      • We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Paid Content as necessary;

12. Complaints
    • We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

13. How We Use Your Personal Information
    • All personal data that We may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation and your rights thereunder.
    • For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy, a copy of which is available upon request.

14. Other Important Terms
    • We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing.  Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
    • You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
    • The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
    • If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions, the remainder of which shall continue to be valid and enforceable.
    • No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

15. Law and Jurisdiction
    • These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed at all times in accordance with, English law.
    • Any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject at all times to the exclusive jurisdiction of the Manchester Civil Justice Centre, part of the courts of England and Wales.