Terms and Conditions for Use of this Website
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. YOU CAN PRINT OUT THESE TERMS AND CONDITIONS BY CLICKING ON THE PRINT ICON ON YOUR BROWSER.
1.1 These terms and conditions govern your use of this website (www.lesleyclarkesyntheticphonics.co.uk) operated by Lesley Clarke (the “Siteowner”) of Unit 9, Trade City, Brooklands Close, Sunbury, TW16 7FD. By using this website you agree to be bound by these terms and conditions as modified from time to time as set out in clause 14 below. If you do not wish to be bound by these terms and conditions then you may not wish to use this website.
2. Nature of this Website
2.1 This website allows users to access certain information and materials which are available to all users for no fee, to subscribe for certain information and downloads (the “Gold Treasure Chest”) or to select and place orders to purchase specific downloads direct from the Siteowner (the “Product Downloads”) or via third party websites. Further information about the goods and services available are contained in this website.
2.2 Please note that the Gold Treasure Chest and the Shop Downloads are only available to individuals that can form legally binding contracts under applicable law. You must be over 18 to use the payment method displayed on this website. If you do not qualify, you will not be able to access the Gold Treasure Chest or purchase the Downloads.
3. Conditions of Use
3.1 You may view, download material, and print pages from this website for your own private, personal and non-commercial use, including for educational purposes, subject to the restrictions below. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
3.2 You must:
3.2.1 leave the copyright notice, website address and any other like marks affixed to or embedded in the content you download and print from this website, including the information and materials obtained via the Online Service.
3.3 You must not:
3.3.1 republish material from this website (including republication on another website);
3.3.2 sell, rent or otherwise sub-license material on this website;
3.3.3 reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose [unless it is explicitly stated in the licence attached on the materials you obtain, and subject to the terms of that licence];
3.3.4 edit or otherwise modify any material on this website (except for content specifically and expressly made available as a template);
3.3.5 include material from this website within an archival or searchable database;
3.3.6 redistribute or electronically transmit material from this website.
4. Conditions of Access to the Gold Treasure Chest
4.1 Access to the Gold Treasure Chest is subject to the subscription procedure and the subscription fee detailed below. If your subscription payment is accepted, the Siteowner grants you a non-exclusive, non-transferable licence to use the Gold Treasure Chest for one year and for yearly periods afterwards on the payment of an annual renewal fee.
4.2 The Siteowner may terminate or suspend your use of the Gold Treasure Chest at any time if you are found to be in breach of any of the Conditions of Use. If you are notified of termination of your rights of use, you must immediately destroy all of your copies of any materials and information obtained via the Gold Treasure Chest. In these circumstances you will not be entitled to any refund.
4.3 To access the Gold Treasure Chest you must complete the subscription request form available by clicking on the green ‘sign up’ button at the top of the page on this website and pay the necessary subscription fee.
4.4 Details of the prices for subscription to the Gold Treasure Chest and the procedures for payment are displayed on this website. You must pay the subscription fee by PayPal at the time of your subscription request and the payment will cover one year’s access to the Gold Treasure Chest. The price of any subscription is the price in force at the date and time of your order. The Siteowner may change the price of any subscription before you place a subscription request. Although reasonable effort is made to ensure that the prices displayed on this website are correct, the price on your order will need to be validated by the Siteowner as part of the acceptance procedure (see sub-clause 4.6 below). The Siteowner will inform you if a subscription price is higher than that stated in your subscription request and you may cancel the order and decide whether or not to subscribe to the Gold Treasure Chest at the correct price. The prices are inclusive of applicable taxes
4.5 The Siteowner is entitled to refuse any subscription request placed by you. If your subscription request is accepted, the Siteowner will confirm acceptance to you by online electronic means to the email address you have provided in your subscription request (‘Confirmation’). You will have immediate access to the Gold Treasure Chest using your chosen username and password. This constitutes performance of the Siteowner’s services and you will have no right to cancel the contract once the Siteowner has sent this Confirmation.
4.6 The Siteowner will make reasonable effort to process your application for access to the Gold Treasure Chest promptly, but does not guarantee that this content will be available to you by any specified time.
4.7 You undertake that all details that you provide to the Siteowner for the purpose of subscribing to the Gold Treasure Chest will be correct, that the PayPal account used to pay for the Products is your own and that there are sufficient funds to cover the cost of any subscription. [The Siteowner reserves the right to verify the authenticity and ownership of the PayPal account used before providing you with access to the Gold Treasure Chest]
4.8 The Siteowner may refuse to accept any subscription request at its absolute discretion.
5. Buying Products and Product Downloads on this Website
5.1 The Siteowner is not responsible for the ordering, sale, packaging, delivery or payment of goods purchased from third parties via this website. The Siteowner accepts no liability for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any of these third party websites should be directed to its website administrator or web master.
5.2 To purchase Product Downloads direct from the Siteowner, you will need to follow the ordering procedures set out in the ‘shop’ section on this website, which include details of the prices for the Product Downloads and the procedures for payment and delivery.
5.3 Any times and dates stated on this website for delivery of the Product Downloads are estimates only. The Siteowner will make all reasonable effort to deliver goods within the time specified but does not accept liability for any failure to deliver the Product Downloads within that time.
5.4 You must pay for the Product Downloads using PayPal at the time of the order. The price of any Product Download is the price in force at the date and time of your order. The Siteowner may change the price of any Product Download before you place an order. Although reasonable efforts are made to ensure that the prices displayed on this website are correct, the price on your order will need to be validated by the Siteowner as part of the acceptance procedure (see sub-clause 5.5 below). The Siteowner will inform you if a Product Download's correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the Product Downloads at the correct price. The prices are inclusive of applicable taxes.
5.5 When purchasing Product Downloads direct from the Siteowner, the Siteowner is entitled to refuse any order placed by you. If your order is accepted, the Siteowner will confirm acceptance to you by online electronic means to the email address you have given in the order. The order will then be fulfilled by the date set out in the email or if no date is stated within 30 days of the day following the date when the order is placed. You will however be notified should the Siteowner not be able to make the 30 day delivery target.
5.6 You undertake that all details you provide to the Siteowner for the purpose of purchasing the Product Downloads will be correct, that the PayPal account used to pay for the Product Downloads is your own and that there are sufficient funds to cover the cost of the Product Downloads. [The Siteowner reserves the right to verify the authenticity and ownership of the PayPal account used before providing you with any Product Downloads.]
6. Cancellation Policy
6.1 Product Downloads
6.1.1 If you wish to download the product within 14 days of purchase, you confirm you are aware you will lose your 14 day right to cancel as soon as you download the product.
6.1.2 Once you start a product download, you lost your right to cancel.
6.1.3 If you do not agree to 6.1.1 and 6.1.2 above, you must wait 14 days before downloading the product.
6.2 Gold Treasure Chest
6.2.2 If you exercise your right to cancel as set out in clause 6.2.1 you may claim a refund from the Siteowner which will be paid as soon as possible but in any event within 30 days of the Siteowner receiving notice of cancellation from you.
7.1 The Siteowner warrants that the product downloads supplied will be free from defects due to defective materials or defective workmanship. This warranty shall remain in force for 30 days from the date of dispatch of goods for delivery to you. It relates to (but only to) all such defects discovered within that period and notified to the Siteowner in writing within 30 days of download, provided that the goods and every part thereof has been used, handled, stored, maintained and operated in accordance with sound technical practice and any instructions issued by the Siteowner. The Siteowner’s liability under the warranty shall be limited only to the repair or replacement (as the case may be) free of charge by the Siteowner of any such part found to be defective in the said respects within the warranty period. Without limiting the generality of the said warranty, the said warranty given by the supplier does not cover and the Siteowner makes no warranty with respect to:
7.1.1 failure not reported to the Supplier within the warranty period above specified.
7.1.2 failure or damages due to mis-application, abuse, improper installation or wrong usage, wear and tear;
7.1.3 failure due to operation, either intentional or otherwise exceeding the rated capacities or in any otherwise improper manner;
7.1.4 any tampering, alteration or modification of the goods by anyone other than an authorised representative of the Siteowner;
7.1.5 any damage to the product during download not due to the fault of the Siteowner;
7.1.6 expenses incurred by you in an attempt to repair or rework any allegedly defective goods;
7.1.7 the benefit of the warranty shall apply only to you;
7.1.8 mechanical or electrical items which are of an expendable nature are excluded from the warranty;
7.1.9 losses, costs, expenses, liabilities and damages (including loss or profits, your liabilities to your customers and all other consequential damages), whether direct or indirect, and whether or not resulting from or contributed to by the default or negligence of the Siteowner, and its sub-contractors, which might be claimed as the result of the use or failure of the downloads delivered by the Siteowner;
7.1.10 for the avoidance of doubt it is hereby expressly stated that there is no further warranty, either expressed or implied, in connection with the design, sales or use of any of the Siteowner’s product downloads, and the Siteowner’s liability on its warranty shall in no event exceed the cost of correcting defects in the goods sold and / or (at the Siteowner’s option) refunding the original price paid.
8.1 The Siteowner will do its best to ensure that all materials and information published on this website is accurate, but please note that all content, materials and information are provided on an ‘as is’ basis and you assume total responsibility and risk for your use of this website and all information contained in it.
8.2 The Siteowner promises that in respect of any Product Downloads you purchase direct from the Siteowner via this website:
8.2.1 the Siteowner has the right to sell the Product Download;
8.2.2 the Product Download will correspond with the description we have given to you;
8.2.3 the Product Download will be of satisfactory quality; and
8.2.4 the Product Download will be fit for any purpose for which you have bought it and you notified the Siteowner of this purpose before purchase and the Siteowner has not informed you that the Product Download is not fit for that purpose.
8.3 The Siteowner promises that the Gold Treasure Chest the Siteowner provides to you will be provided with reasonable skill and care.
8.4 The Siteowner excludes all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to this website, any information or material available on this website, the Product Downloads and the Gold Treasure Chest.
8.5 The Siteowner will not be liable for any direct, indirect, or consequential loss or damage, or for any direct or indirect loss of data, profit, contracts, goodwill, income, anticipated savings, revenue or business, whether arising in tort, contract, or otherwise, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of the website or its contents, the Product Downloads or the Gold Treasure Chest, subject to the Warranty given above at clause 7, we accept no responsibility for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of the Siteowner or our servants, agents or any other person or entity. .
8.6 If the Siteowner is liable to you for any reason, its liability is limited to the amount paid by you for the Gold Treasure Chest (in the year such liability arose) plus a further 25% and / or the amount paid by you for the Product Downloads plus a further 25%. This limit does not apply to any liability the Siteowner may have for death or personal injury resulting from its negligence or for its fraudulent misrepresentation.
8.7 Nothing in these terms and conditions shall exclude or limit the Siteowner’s liability for fraud, for death or personal injury caused by the Siteowner’s negligence..
8.8 You are responsible for ensuring that your computer system meets all relevant technical specifications for using this website, including the Gold Treasure Chest, and is compatible with this website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from this website will be free from infection, viruses and / or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements and the accuracy of data input and output.
8.9 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.
9. Information you provide to the Siteowner
9.1 The following applies to any information you provide to the Siteowner, for example, during any registration or ordering process,
10. Links to Third Party Websites
10.1 From time to time the Siteowner may provide links to third party sites. These sites are not in any way approved, checked, edited, vetted or endorsed by the Siteowner. You agree that the Siteowner shall not be responsible or liable in any way for the content, advertising or products available from such sites, the quality, functionality, suitability or legality of such sites or for any dealings that you may have, or the consequence of such dealings, with such third party site operators. The destination of such links may change without notice, as they are outside the control of the Siteowner. Please inform us if any link leads to inappropriate or objectionable material.
11. Copyright and other Intellectual Property Rights
11.1 The contents of this website are protected by international copyright laws and other intellectual property rights. The owner of these rights is the Siteowner, its affiliates and other third party licensors. All product and company names and logos mentioned in this website are the trade marks, service marks or trading names of their respective owners, including the Siteowner.
12. Availability of this Website
12.1 The Siteowner will try to make this website available but cannot guarantee that this website will operate continuously or without interruption or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of this website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
13. Applicability of Information and Materials
13.1 Where information and materials published on this website are supplied by third parties, you understand that we do not control or endorse their contents in any way. All information and materials supplied by third parties are published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of it, or the use of it.
13.2 The Siteowner has used all reasonable endeavours to ensure that all information and materials comply with English law. However, the Siteowner makes no representations that such information, including the information contained in the Product Downloads and in the Gold Treasure Chest, is appropriate or available for use in locations outside England and Wales. Those who visit this website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of this website and/or viewing of it, or use of any material or content on this website or services or products offered through this website (including the Products and the Online Service) are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use this website and you must exit immediately.
14.1 You must ensure that the username and password you choose to enable you to access the Gold Treasure Chest or other content or services, are kept confidential. You accept responsibility for all activities that occur under your username or password. You must contact the Siteowner immediately if you have any reason to believe that your username or password have become known to someone not authorised to use them. If the Siteowner reasonably believes that there is likely to be a breach of security or misuse of this website, the Siteowner may change your password immediately or otherwise suspend your access and will notify you accordingly.
14.2 The Siteowner may disable your username and password at the Siteowner’s sole discretion if you breach any of the terms and conditions governing your use of this website or any other contractual obligation you owe to the Siteowner.
15. Modifications to this Website
15.1 The Siteowner reserves the right to make changes or corrections, alter, suspend or discontinue any aspect of this website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content, the sale of newProduct Downloads or any additions to the Gold Treasure Chest will be subject to these terms and conditions.
16.1 The following applies to all messages, emails, bulletin board postings, ideas, suggestions, concepts or other material submitted by you to the Siteowner:
16.1.1 You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of this website.
16.1.2 You must not use this website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
16.1.3 You must not use this website for any purposes related to marketing without the Siteowner’s express written consent.
16.1.4 You must not use this website to copy, publish or send mass mailings or spam.
16.1.5 You must not use this website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under English and other applicable law. All material you copy, publish or send via this website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime; further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.
16.1.6 The Siteowner reserves the right to edit or remove any material posted upon this website.
16.1.7 The Siteowner may take such action as is deemed appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to this website, or commencing legal proceedings against you.
16.1.8 In respect of all material that you post on this website, you grant to the Siteowner a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, and distribute such material in any media, together with the right to sub-license such rights. You are solely responsible for any content which you submit to the Siteowner and you shall indemnify and keep the Siteowner fully indemnified 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 the Siteowner and arising directly or indirectly out of the publication of the content submitted by you to the Siteowner.
17.1 The Siteowner may revise these terms and conditions from time-to-time following which all use of this website will be governed by that version. Please check this page regularly to ensure you are familiar with the current version. Whenever you complete any transaction through this website, it shall be deemed that you have accepted the then-current set of terms and conditions.
18. Entire agreement
19. Law and jurisdiction
19.1 These terms and conditions and your use of this website are governed by and construed in accordance with English law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England.
20. Rights of Third Parties
20.1 These terms and conditions do not confer any rights on any person or party (other than you and /or the Siteowner) pursuant to the Contracts (Rights of Third Parties) Act 1999.
21.1 If any provision or term of these terms or conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, the remaining provisions shall continue in full force and effect.
22.1 All notices shall be given:
22.1.2 To you at either the email or postal address you provide during any ordering or registration procedure.
22.2 Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday) , or 4 days after the date of posting.
The Siteowner is committed to safeguarding the privacy of visitors to this website; this policy sets out how we will treat your personal data.
(1) What information do we collect?
We may collect, store and use the following kinds of personal data:
(a) information about your computer and about your visits to and use of this website, such as your IP address, geographical location, browser type, referral source, length of visit and number of page views;
(b) information relating to any transactions carried out between you and the Siteowner on or in relation to this website, including information relating to any purchases you make of the Siteowner’s Products or third parties’ goods or services (including emails; name; delivery address & postcode; contact telephone number; email address; order number;);
(c) information that you provide to us for the purpose of subscribing to our Online Service, purchasing Products, posting content on Bulletin Boards, email notifications and/or newsletters, etc (including name; address; email address; contact telephone number);
(d) any other information that you choose to send to the Siteowner;
We may send a cookie which may be stored by your browser on your computer’s hard drive. We may use the information we obtain from the cookie in the administration of this website. Most browsers allow you to refuse to accept cookies.
(3) Using your personal data
We may use your personal information to:
(a) administer this website;
(b) analyse your navigation and use of this site to make improvements to your browsing experience
(c) enable your use of the services available on this website;
(d) send to you Products purchased via the website, and supply to you the Gold Treasure Chest purchased via the website;
(e) send you general (non-marketing) commercial communications;
(f) send you email notifications which you have specifically requested;
(h) deal with enquiries and complaints made by or about you relating to the website;
We will not provide your personal information to any third parties for the purpose of direct marketing.
(4) Other disclosures
(a) to the extent that the Siteowner is required to do so by law;
(b) in connection with any legal proceedings or prospective legal proceedings;
(c) in order to establish, exercise or defend the Siteowner’s legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
(5) Security of your personal data
We will store all the personal data you provide on our secure servers.
Of course, data transmission over the internet is inherently insecure, and the Siteowner cannot guarantee the security of data sent over the internet.
In order to access restricted areas of this website or other content or services, you must ensure that your chosen user ID and password are kept confidential. You accept responsibility for all activities that occur under your user ID or password. You must contact the Siteowner immediately if you have any reason to believe that your user ID or password have become known to someone not authorised to use them. If the Siteowner reasonably believes that there is likely to be a breach of security or misuse of the site, the Siteowner may change your password immediately and/or lock you out of the system and will notify you accordingly.
(6) Policy amendments
(7) Your rights
You may instruct the Siteowner to provide you with any personal information the Siteowner holds about you. Provision of such information may be subject to the payment of a fee (currently fixed at £10.00).
(8) Third party websites
The website contains links to other websites. The Siteowner is not responsible for the privacy policies or practices of third party websites.
(9) Updating information
Please let the Siteowner know if the personal information which we hold about you needs to be corrected or updated.