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Coley Consulting Terms and Conditions
These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase a Document. We look forward to seeing you again when you are over 18.
We are: Coley Consulting
Our address is: 221 Kimberley Road, Benfleet Essex, SS7 1DS UK.
You are: our customer
The terms and conditions
1 Definitions
In this agreement:
“Consumer” means any natural person who, in connection with this agreement, is acting for purposes which are outside his business.
“Confidential Information” means information relating to the Document, including all material contained in its distributable files, activation and registration code, all copyright and trade and other marks, whether registered or not.
“Content” means any material in any form published on Our Website by us or any third party with our consent.
“EULA” means end user licence agreement, the licence contained in this document which permits you to use the Document.
“Our Website” means the entire computing hardware and software installation that is or supports Our Website (www.coleyconsulting.co.uk).
“Document” means any of the Document we offer for sale on our Website and include instruction manuals and templates.
2 Our contract with you
When you buy the Document, you are in fact buying a licence to use the Document for one project in one organisation, subject to the terms of the EULA contained in this agreement. These are the terms and conditions which apply to our sale to you of that license. They apply: so far as the context allows, to you as a visitor to Our Website; and in any event to you as a buyer or prospective buyer of our Document.
2.1 We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when your order will be available for download.
2.2 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you place your order.
2.3 If in future, you buy the Document from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied.
2.4 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 7 days from the date of your order.
3 Your account with us
3.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Document.
3.2 We reserve the right to refuse you access to Our Website.
4 Price, payment and Document provision
4.1 When you buy the Document, you are in fact buying a licence to use the Document for one project in one organisation, subject to the terms of the EULA contained in this agreement.
4.2 Licence fees are billed in advance before the Document can be downloaded.
4.3 Payments are non-refundable.
4.4 We accept no responsibility for problems you may have in making payment through a web page of our payment service provider or in down-loading any document or other Service.
4.5 Our Document will be provided by making them available for you to download from a link in and email. You may obtain re-delivery as often as you wish for a period of 7 days.
4.6 We may change the nature or provision of the Document at any time. We may tell you about any such change by email or by posting details on Our Website.
4.7 Document are provided as template versions for you to edit and change to suit your circumstances. We do not refund money if you decide not to use a document.
4.8 Documents may include technical inaccuracies or typographical errors.
4.9 You may not share or allow others to use the Document in your name.
5 Cancellation of order
5.1 If you are a citizen of the European Union, and you bought the Document as a Consumer, you may cancel your order for the Document at any time before the expiry of 7 working days from the date of order, not including the day you ordered.
5.2 Because the Document is available to you, and can be copied by you on delivery, you have no statutory right to cancellation once you have received the Document.
5.3 We will refund your money as soon as reasonably possible and in any event within 30 days of cancellation of your order.
5.4 This paragraph does not affect your rights in the event that you have a genuine and valid complaint about the way we have provided the Services to you.
6 Foreign taxes, duties and import restrictions
6.1 If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.
6.2 You are responsible for purchasing Document which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
7 Dissatisfaction with the Document
7.1 Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not wholly satisfied with the Product, please tell us at the earliest opportunity:
7.1.1 exactly why you think we have failed;
7.1.2 the date, if relevant, of the failure;
7.1.3 when and how you discovered the failure;
7.1.4 the result of the failure;
7.1.5 your suggestion as to action we should take to resolve the siuation and restore your faith in us.
7.2 To do this, it is essential that you contact us by email at the Contact Point on Our Website.
8 Disclaimers
8.1 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Document, at any time and without advance notice.
8.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
8.3 We give no warranty and make no representation, express or implied, as to:
8.3.1 the adequacy or appropriateness of the Document for your purpose;
8.3.2 any implied warranty or condition as to merchantability or fitness of the Document for a particular purpose other than that for which the Goods are commonly used;
8.3.3 The use of, or results of the use of the Document or its compatibility with your equipment, software or telecommunications connection;
8.3.4 compliance with any law;
8.3.5 non-infringement of any right.
8.4 Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
8.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of our Document.
8.6 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
9 Confidential Information and Intellectual Property Rights
9.1 You agree to keep safe the Confidential Information and not to disclose or make available for disclosure to any person, any part of it.
9.2 We will defend the intellectual property rights in connection with our Document and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
9.3 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
9.4 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
9.5 You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.
9.6 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
10 The Licence (EULA)
Subject to the terms of this agreement, we grant to you a limited licence to use the Document for your personal or business use. The license is non-exclusive, non-transferable and royalty free.
10.1 If you have bought a single-user licence, you may install and use it on not more than two computers used exclusively by one person.
10.2 If you have bought a multi-user licence, you may install and use it on the number of computers or work stations for which you have bought a licence.
10.3 You may not copy the Document except for the purpose of system maintenance, nor may you transfer it nor allow any other person to use it.
11 System Security
11.1 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
11.2 You may not use any software tool for the purpose of extracting data from our website.
11.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
12 Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
13 Miscellaneous provisions
13.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
13.2 Where we provide Document or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those services.
13.3 Nothing in this agreement or on Our Website shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
13.4 If any of these terms 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.
13.5 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
13.6 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
13.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
13.8 This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
13.9 You agree to the email address you supply being used for up to to three information emails to be sent to you as well as the download email.