law-answers.com TERMS of Sale
Please read these Terms of Sale carefully and ensure that you understand them before purchasing a Subscription.
These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Paid Content (as defined), accessed via Subscriptions (as defined), is sold by Us to consumers through this website, law-answers.com (“Our Site”).
You are required to read and accept these Terms of Sale when ordering a Subscription. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to purchase a Subscription and access Paid Content through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
- Definitions and Interpretation
- In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Data Protection Legislation”
|means a contract for the purchase of a Subscription to access Paid Content, as explained in Clause 6;
means all legislation in force in the UK from time to time relating to data protection and privacy including, but not limited to, the Data Protection Act 2018, EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and any other directly applicable EU regulation relating to data protection and privacy (for as long as, and to the extent that, EU law has legal effect in the UK) and any successor legislation relating to data protection and privacy;
||means the digital content sold by Us through Our Site as the same may be updated and changed by Us from time to time;
||means a subscription to Our Site providing access to Paid Content;
||means our acceptance and confirmation of your purchase of a Subscription;
||means the reference number for your Subscription;
||means Atkins Shield Ltd a company registered in England under number 11638521, whose registered address is 71-75, Shelton Street, Covent Garden, London, WC2H 9JQ.
- Information About Us
- Our Site is owned and operated by Us
- Age Restrictions
Consumers may only purchase Subscriptions and access Paid Content through Our Site if they are at least 18 years of age.
- Business Customers
These Terms of Sale do not apply to business customers purchasing Subscriptions and accessing Paid Content in the course of business.
- Subscriptions, Paid Content, Pricing and Availability
- We may from time to time change Our prices. Changes in price will not affect any Subscription that you have already purchased but will apply to any subsequent renewal or new Subscription.
- Paid Content will be updated, supplemented, changed and refreshed during the period of your Subscription.
- We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. Pricing information is reviewed and updated regularly but changes in price will not affect any order that you have already placed (please note sub-Clause 5.11 regarding VAT, however).
- In the unlikely event that We have shown incorrect pricing information, We will contact you to inform you of the mistake. If the correct price is lower than that shown when you made your order, we will simply charge you the lower amount and continue processing your order. If the correct price is higher, We will give you the option to purchase the Subscription at the correct price or to cancel your order (or the affected part of it). If We do not receive a response from you within twenty-one (21) days, We will treat your order as cancelled and notify you of this in writing.
- If We discover an error in the price or description of your Subscription after your order is processed, We will inform you and make reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform you of such an error and you do wish to cancel the Contract, please refer to sub-Clause 12.4.
- If the price of a Subscription that you have ordered changes between your order being placed and Us processing that order and taking payment, you will be charged the price shown on Our Site at the time of placing your order.
- All prices on Our Site include VAT where applicable.
- Your contract with Us
- Our Site guides you through the process of purchasing a Subscription. 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. We will not be responsible for any delay in the availability of Paid Content that results from you providing incorrect or incomplete information.
- No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept.
- Our acceptance is indicated by Us sending you a Subscription Confirmation by email. Only once We have sent you a Subscription Confirmation will there be a legally binding Contract between Us and you.
- Payment for Subscriptions must always be made in advance. Your chosen payment method will be charged when we process your order and send you a Subscription Confirmation.
- If you do not make any payment due to Us on time, We will suspend your access to the Paid Content. For more information, please refer to sub-Clause 8.5. If you do not make payment within seven (7) days of Our reminder, We may cancel the Contract. Any outstanding sums due to Us will remain due and payable.
- If you believe that We have charged you an incorrect amount, please contact Us at firstname.lastname@example.org as soon as reasonably possible to let us know. You will not be charged for Paid Content while availability is suspended.
- Provision of Paid Content
- Paid Content will be available to you after when We send you a Subscription Confirmation and will continue to be available for the duration of your Subscription.
- When you place an order for a Subscription, you are expressly acknowledging that you wish the Paid Content to be made available to you immediately. You also expressly acknowledge that by accessing (e.g. downloading or viewing) the Paid Content, you will lose your legal right to cancel if you change your mind (the “cooling-off period”). Please see sub-Clause 11.1 for more information.
- 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 technical changes;
- To update the Paid Content to comply with relevant changes in the law or other regulatory requirements;
- To make changes to the Paid Content, as described above in Clause 5.
- If We need to suspend availability of the Paid Content for any of the reasons set out in sub-Clause 8.3, We will try to inform you in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform you as soon as reasonably possible after suspension).
- We may suspend provision of the Paid Content if We do not receive payment on time from you. We will inform you of the non-payment on the due date, however if you do not make payment within seven (7) days of Our notice, We may suspend provision of the Paid Content until We have received all outstanding sums due from you.
- When you purchase a Subscription to access Paid Content, We will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the relevant Paid Content for personal, non-commercial purposes. The licence granted to you does not give you any 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 restrictions and/or permissions:
- 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’).
- Problems with the Paid Content
- If there is a technical problem with any Paid Content, please contact Us at email@example.com or visit the contact page on Our Site to inform Us of the problem.
- Please note that We will not be liable to you if We informed you of the fault(s) or other problems with particular Paid Content before you accessed it or notified Us of the problem or if you have purchased the Paid Content for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Paid Content for that purpose; or if the problem is the result of misuse or intentional or careless damage.
- Cancelling Your Subscription
- If you are a consumer in the European Union, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason, including if you have changed your mind, and receive a refund. The period begins once We have sent you your Subscription Confirmation (i.e. when the Contract between you and Us is formed) and ends when you access (e.g. download or viewing) the Paid Content, or 14 calendar days after the date of Our Subscription Confirmation, whichever occurs first.
- After the cooling-off period, you may cancel your Subscription at any time, however subject to sub-Clause 11.3 and Clause 12, We cannot offer any refunds and you will continue to have access to the Paid Content for the remainder of your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end.
- If you purchase a Subscription by mistake (or allow your Subscription to renew by mistake), please inform Us as soon as possible and do not attempt to access any Paid Content. Provided you have not accessed any Paid Content since the start date (or renewal date, as appropriate) of the Subscription We will be able to cancel the Subscription and issue a full refund. If you have accessed any Paid Content once the Subscription has started, We will not be able to offer any refund and you will continue to have access to the Paid Content for the remainder of the Subscription (up until the renewal or expiry date, as applicable).
- If you wish to exercise your right to cancel under this Clause 11, you must inform Us of your cancellation by emailing Us at firstname.lastname@example.org. Cancellation by email or by post is effective from the date on which you send Us your message. If you would prefer to contact Us directly to cancel, please use the following telephone number: 02028 05 88902 providing Us with your name, address, email address, telephone number, and Subscription ID.
- We may ask you why you have chosen to cancel and may use any answers you provide to improve Our content and services.
- Any refunds that may be due will be issued to you as soon as possible, and in any event within fourteen (14) calendar days of the day on which you inform Us that you wish to cancel.
- Refunds under this Clause 11 will be made using the same payment method that you used when purchasing your Subscription unless you specifically request that We make a refund using a different method.
- Your Other Rights to End the Contract
- You may end the Contract at any time if:
- If We have suspended availability of the Paid Content for more than fourteen (14) days;
- If We inform you of an error in the price or description of your Subscription or the Paid Content and you wish to end the Contract as a result, you may end it immediately. If you end the Contract for this reason, We will issue you with a cash
- You also have a legal right to end the Contract at any time if We are in breach of it.
- Refunds under this Clause 12 will endeavour to be made within fourteen (14) calendar days of the date on which your cancellation becomes effective, using the same payment method that you used when purchasing your Subscription unless you specifically request that We make a refund using a different method.
If you wish to exercise your right to cancel under this Clause 12, you may do so by email to email@example.com providing Us with your name, address, email address, telephone number, and Subscription ID.
- We may ask you why you have chosen to cancel and may use any answers you provide to improve Our content and services, however please note that you are under no obligation to provide any details if you do not wish to.
- Our Liability to Consumers
- We will not be responsible or liable in any way for any loss or damage that you may suffer as a result of these Terms of Sale (or the Contract) or as a result of Our negligence. Our Paid Content is not and is not intended to be any form of legal or other professional advice and we are not authorised to provide legal advice.
- 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.
- We make no warranty or representation that the Paid Content is fit for any use whether personal, commercial, business or industrial use of any kind. We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
- Nothing in these Terms of Sale 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); or for fraud or fraudulent misrepresentation.
- Contacting Us
- If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 0208 05 88902, by email at firstname.lastname@example.org.
- Complaints and Feedback
- 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 by emailing us at email@example.com.
- How We Use Your Personal Information (Data Protection)
- All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
- Other Important Terms
- We may transfer (assign) Our obligations and rights under these Terms of Sale (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 of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) 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 of Sale (and under the Contract) 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 of Sale.
- If any of the provisions of these Terms of Sale 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 of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
- No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
- We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements and those changes will be published on our Site.
- These Terms of Sale constitute the entire agreement between Us and you with respect to your purchase of Subscriptions and Paid Content from Us. 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 of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
- Events Outside of Our Control (Force Majeure)
- We will not be liable for any failure or delay in performing any of 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, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
- If any event described under this Clause 18 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
- We will take reasonable steps to try to minimise the delay;
- To the extent that We cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
- We will endeavor to 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;
- If the event outside of Our control continues for more than four (4) months We may cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible from the date on which the Contract is cancelled and will be made using the same payment method that you used when ordering your Subscription unless you specifically request that We make a refund using a different method;
- If an event outside of Our control occurs and continues for more than three (3) months and you wish to cancel the Contract as a result, you may do so by email to firstname.lastname@example.org providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible from the date on which the Contract is cancelled and will be made using the same payment method that you used when ordering your Subscription unless you specifically request that We make a refund using a different method.
- Law and Jurisdiction
- These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.
- Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England.