These Terms and Conditions apply from 15 May 2009. Please read these Terms and Conditions carefully before using the Website.
In these Terms and Conditions, the following terms have the meanings set out in this clause:
|“Content”||the content, materials, information (including details, descriptions and prices), documents, graphics, descriptions, colours, specifications, sounds and photographic or video images concerning the Publications and the services provided via the Website published on the Website from time to time.|
|“Publications”||the publications advertised on the Website.|
|“Privacy Statement”||the privacy statement of the Website as published on the Website as the same may be amended or replaced from time to time in accordance with its terms.|
|“Terms and Conditions”||these legally binding terms and conditions which may be amended or replaced from time to time in accordance with their terms.|
|“Visitors”||Visitors to the Website who may wish to purchase Publications advertised on the Website.|
|“Website”||our sites, found at www.pprc.gg and www.strengthsgym.co.uk|
|“we, us or our”||Positive Psychology Research Centre Limited.|
- Words importing the singular include the plural and words importing the masculine include the feminine and neuter and vice versa.
- Headings to clauses are for information only and do not form part of the operative provisions of these Terms and Conditions and shall be ignored in construing the same.
- References to a person include any body corporate or unincorporated.
- From time to time includes at any time and for the time being.
ACCEPTANCE OF TERMS AND CONDITIONS
These Terms and Conditions, together with our Privacy Statement, constitute a legally binding agreement between you and us in respect of the Website. These Terms and Conditions apply to you as Visitors using the Website for the purpose of viewing Publications.
You may only use the Website in accordance with these Terms and Conditions. By using the Website you agree to be bound by these Terms and Conditions in full. If you do not accept these Terms and Conditions in full you must leave the Website immediately. It is a condition of your continued use of the Website that you will not use the Website for any purpose that is unlawful or otherwise prohibited by these Terms and Conditions.
You must not introduce to the Website any computer viruses, Trojan horses, worms, corrupted data or other malicious software or harmful data or any other computer code, files or programs that is technically harmful or designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or designed for fraudulent, unlawful, dishonest or improper activity.
Please review our Privacy Statement for more information regarding our practices of processing and protecting your personal data. Your use of the Website signifies your acknowledgement of and agreement with our Privacy Statement.
All copyright, trade marks and all other intellectual property rights in the Website, its software and Content, anywhere in the world, are owned by us or the relevant licensors as permitted by law and are or may be protected by copyright, trademarks, patents and other proprietary rights and protections.
You must not infringe any of our intellectual property rights. In particular, you must not, other than for your private personal, non-commercial use, use or copy all or any part of Website, its software or content without our prior written approval.
You are hereby granted a non-exclusive, revocable licence to view, use, print and download Content from the Website for your private personal, non-commercial use only. Any rights not expressly granted in these Terms and Conditions are reserved.
UNAVAILABILITY OF THE WEBSITE
We will endeavour to make the Website available on a continuous basis. However we cannot warrant that the function of the Website or the Content will be uninterrupted or error free, nor can we guarantee continuous access to the Website. There may be times when the Website or the services we provide on it becomes inaccessible as a result of technical difficulties experienced by us or on the Internet, such as system failure, maintenance or repair or for reasons beyond our control, and we will not be liable if this is the case. We will, however, use reasonable skill and care to overcome these difficulties where they are within our control.
We reserve the right to alter, suspend or remove (temporarily or permanently) all or any part of the Website without notice at any time where we have legal, commercial or technical reasons to do so and we will not be liable to you for any such alteration, suspension or removal.
We reserve the right to restrict or suspend your access to all or part of the Website and/or your use of the services we provide on it at any time for any reason. In particular we will do so if we reasonably believe you are in breach of these Terms and Conditions.
We do not warrant or guarantee that the Website, or the server that makes it available, is free of viruses or other harmful devices and we will not be liable if this is the case.
The Website may contain links or references to other sites that are outside of our control. A link to another website is not an endorsement of such site and we are not responsible for the content or availability of any other website.
CONTENT OF THE WEBSITE
The Content published on the Website is provided to give you an approximate description of the Publications. We do not guarantee or warrant that the Content of the Website (or of websites to which we provide links) is complete, accurate or current.
We aim to provide information on the Publications that is as accurate and up to date as possible and will take all reasonable steps to ensure that all information on the Publications appearing on the Website is accurate at the time when the relevant information is added to the Website. However, the information appearing on the Website at the time that you place an order may not always reflect the Publication exactly and we cannot be held responsible for changes to Publications.
In no circumstances will we be liable in any way for, and we specifically exclude any and all liability arising from or in connection with, any of the Content published on the Website, including, but not limited to, any inaccuracies, errors or omissions contained therein.
We do not guarantee that the Website will meet your requirements, including (without limitation) as to any of its features or Content.
We do not guarantee or warrant the fitness of any Publication for any particular purpose.
In order to purchase Publications through this website and to contract with us you must be at least 18 years of age. If you are under 18 years of age and have any questions or concerns about the Website, please seek guidance from a parent or guardian.
On placing an order you must provide us with all personal information requested. Incorrect information may cause a delay in processing your order. Your order will only be processed once authorisation of your credit card has been properly received.
You will receive confirmation of your order from us via email. This does not conclude the contract between us. When you place your order with us, this represents an offer to us to purchase the relevant Publications. We may not accept your order, inter alia, if an item you have ordered is out of stock or we are unable to obtain authorisation for your payment.
Completion of the contract between you and us will take place and title to the Publications will pass to you when we have dispatched the Publications ordered by you. You will become the owner of the Publications you have ordered when the Publications are dispatched to you from our premises in Guernsey. Risk in the Publications you have ordered will pass to you upon delivery.
The price payable for the Publications will be stated on the Website at the time when you place your order. All prices stated are in pounds sterling. Occasionally the price published for the Publications may be wrong. If that is the case we have the right to refuse to accept and to cancel any orders placed at the incorrect price. We will inform you of the correct price and give you the opportunity to renew your order for the Publications.
We take payment via the Website using all major credit and debit cards including Visa, Mastercard, American Express and Switch. We use the services of a payment service provider (currently WorldPay.com). Your order for Publications will go live immediately payment is authorised.
Subject to availability we aim to dispatch orders for Publications within 48 hours of authorisation for your payment, other than orders received on weekends or Bank Holidays. Publications ordered together may be delivered in one or more parts.
Currently we only dispatch Publications to certain countries within Europe at our discretion. We send the Publications you order via Guernsey post. We do not warrant or guarantee the time for delivery and we do not accept any liability whatsoever for delayed delivery.
Prices stated on the Website are exclusive of delivery charges which will be added to the price of the Publications at the checkout.
REFUNDS AND RETURNS
You should inspect a Publication immediately upon delivery to you. You will be deemed to have accepted a Publication upon delivery unless you notify us in accordance with the following provisions:
Damaged Publications: In the event that a Publication is unfortunately damaged at the time of delivery (excluding any faults or damage caused by accident, misuse or neglect on your part) you must inform us within 7 days of delivery and we will advise you of the next step. If Publications returned under this clause are found to be without damage or fault, these will be returned to you and an administration fee of 15% of the price of the Publications along with the cost of carriage will be due and payable by you to us.
In-Correct Publications: In the event that we send you an incorrect Publication you must inform us within 7 days of delivery and we will advise you of the next step. Before we dispatch the correct Publication to you, you must return the incorrect Publication to us.
Non-Deliveries: We will not accept liability for Publications lost in the post unless we are informed of that fact within 7 days of the expected delivery date, which will be 10 days after the date of our confirmation that the Publications have been dispatched.
If you do notify us in accordance with the above provisions our only responsibility will be, at our discretion, either to replace or repair any Publications that are damaged, to make good any non-delivery or to refund to you the amount paid by you for the Publications in question.
We will not be liable to you for any indirect or consequential loss or damage you may suffer or incur in connection with the delivery of damaged Publications or in-correct Publications or the non-delivery of Publications.
The above provisions do not affect any statutory rights that you may have.
AVAILABILITY OF A PUBLICATION
Publications are subject to availability. If we cannot supply a Publication for which you have placed an order for any reason we will not charge you for that Publication. However, we will not be responsible for compensating you for any other losses or any disappointment you may suffer.
We reserve the right to remove a Publication from the Website or to edit or remove any or all of the Content in respect of a Publication at any time without notice if we reasonably consider it is desirable for us to do so.
Please note that where Publications are offered at a special price, stock will be limited.
The Publications available on the Website are for personal use only. You must not sell or resell any of the Publications you purchase or otherwise receive from us.
LIABILITY AND INDEMNITY
You acknowledge and agree that you use the Website entirely at your own risk. Except in the case of our fraud or wilful default, we exclude any and all liability we may have to you relating to your use of our Website, its availability, its Content, or the services you access through it. Further we will not be liable to any extent for any special, indirect or consequential loss or damage whatever or loss of income or profit arising out of or in connection with your use of the Website.
Our maximum aggregate liability is limited to the greater of £100 or the value of the Publications ordered.
To the extent that any of the exclusions of liability contained herein are invalid or unenforceable then our liability is limited to the maximum extent permitted by applicable law.
By using the Website you indemnify us, fully and effectually, on demand and hold us harmless from and against any loss, damage, costs or expenses suffered or incurred by us arising out of or in connection with:
- any breach by you of these Terms and Conditions;
- your use of or conduct on the Website;
- your introduction to the Website of any computer viruses, Trojan horses, worms, corrupted data or other malicious software or harmful data or any other computer code, files or programs that is technically harmful or designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or designed for fraudulent, unlawful, dishonest or improper activity; or
- any action you take that imposes an unreasonable burden or load on the infrastructure of the Website.
You indemnify us, fully and effectually, on demand from and against any loss, damage, costs or expenses suffered or incurred by us arising out of or in connection with the recovery of monies you owe to us or the exercise and enforcement of any of our rights.
The nature of Internet communications is such that your communications to us via the Website may be susceptible to the inherent risks of Internet communication including the security risks of interception of or unauthorised access to such communications, the risks of corruption to such communications and the risk of viruses or other harmful devices. You acknowledge and accept all such risks inherent in the use of the Internet.
We will not be liable for failure to deliver Publications you have ordered or any delay in doing so or for any damage or defect to Publications delivered that is caused by the occurrence of any unforeseen event beyond our reasonable control including without limitation Internet outages, fire, flood, war or act of God.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Island of Guernsey where our business is based. You hereby submit to the exclusive jurisdiction of the Royal Court of Guernsey in any actions arising out of your use of the Website and the provision by us of services via the Website. This applies whether or not you are using the Website from within Guernsey.
CHANGES TO THESE TERMS AND CONDITIONS
We reserve the right to change these Terms and Conditions from time to time and with immediate effect. We will post any new version of these Terms and Conditions on the Website and you should check this web page every time you visit the Website to review the then current Terms and Conditions. In the event that we do change these Terms and Conditions we will place a notice of that fact on the home page of the Website for a period of one month following such change.
If we need to give you any notice, we can do this by emailing you at the last email address you have provided to us. You are deemed to have received such notice at the time the email leaves our server.
Any notices to us must be given by email [email protected]
These Terms and Conditions and our Privacy Statement constitute the entire agreement between us and you with respect to the Website.
If any provision of these Terms and Conditions is or becomes unlawful, void or unenforceable, the continuation in full force and effect of the remainder of the provisions will not be prejudiced.
No delay or omission by us in exercising any right, power or remedy provided by law or under these Terms and Conditions will affect that right, power or remedy or otherwise operate as a waiver of it.
The single or partial exercise by us of any right, power or remedy provided by law or under these Terms and Conditions will not preclude any other or further exercise of it or the exercise of any other right, power or remedy by us.
In providing the Publications via the Website we act as principal on our own account and not as agent for you or any other person.
TAXES AND DUTIES
Without accepting any liability or responsibility for the tax or customs liability or position of any of our Visitors we understand, based on current tax law and revenue practice, that:
- Publications of a value of £18 or less delivered to the UK are relieved from import VAT.
- Publications delivered outside of the UK, may be subject to import duties and taxes, which are levied once the Publications reach the country of destination.
- Publications dispatched from Guernsey, cross border may be subject to opening and inspection by customs authorities.
In respect of all Publications delivered to you outside of Guernsey, you are deemed to be the importer of the Publications and must therefore comply with all the laws and regulations of the territory into which the Publications are being delivered and any and all taxes and duties levied in respect of Publications received by you must be borne by you.