Terms and Conditions
1.1 Please read these Terms and Conditions carefully before trying to purchase any of the software products (‘Software’) available through the website run by Williams & Byrne Techniques Limited (‘W&B Techniques’, ‘the Company’, ‘our’, ‘we’, ‘us’). In particular, we draw your attention to clauses 9 (Applicability of Online Software) and 13 (Liability and Delivery).
1.2 By clicking on the ‘I Accept’ when you make a purchase you agree to be legally bound by these terms and conditions as they may be modified and posted on our website from time to time and this will constitute your offer to purchase from us on these terms and so forms the legal agreement between us (the “Agreement”) for the purchase of any downloadable items from our website (the “Software”) when we accept your order.
1.3 If you do not wish to be bound by these terms and conditions then you may not make any purchase.
1.4 We are registered in England UK number 7021287, VAT registration 978 0375 79.
- Nature of our website
Our website is available only to individuals who can form legally binding contracts under applicable law. You must be over 18 years to purchase the software products, using ClickBank. If you do not qualify, please do try to place an order.
- Licence Conditions applicable to Software
3.1 If your payment is accepted under clause 4, W&B Techniques grants you a perpetual non-exclusive, non-transferable licence to use any Software. This licence to use the Software is granted on the terms and conditions of this Agreement and any additional conditions applicable to particular Software, as set out here (‘Additional Conditions’).
3.2 If any part of the Additional Conditions is inconsistent with any provision of this Agreement, the Additional Conditions will prevail, but only to the extent of the inconsistency.
3.3 In relation to the Software:
(a) you may:
(i) display Software electronically to one person on up to 6 distinct devices at different times;
(ii) print no more than the amount of copies that is absolutely necessary in order to gain the use of the Software as intended by its author and subject in every case to 3.4 below;
(b) you may not:
(i) download, store, reproduce, transmit, display, copy, distribute or use Software other than in accordance with sub-clause 3.3(a) above;
(ii) sub-license, rent, lease, transfer or attempt to assign the rights in the Software to any other person and any dealing in contravention of this clause 3.3(b)(iv) shall be ineffective;
(iii) make the Software available to other users on a network;
(iv) use the Software in any manner, or transfer or export the Software or any copies into any country, other than in compliance with applicable laws; or
(v) allow any other person to use the Software other than in accordance with the terms and conditions of this Agreement.
3.4 Unless otherwise specified in the Additional Conditions, the Software is presented only for your private, personal, non-commercial use, and may not be re-sold. Subject always to clause 3.3, for the purpose of this clause 3.4, it shall not be a ‘non-commercial use’ for you to use the Software for an educational purpose where the information contained in the Software (not being Software code) is used only in the dissemination of that information in a school, college or other academic premises.
3.5 W&B Techniques may terminate and withdraw the licence under this clause 3 at any time if you are found in breach of any of these terms or the Additional Conditions. If you are notified of termination of your rights of use, you must immediately destroy all of your copies of the Software. In these circumstances you will not be entitled to any refund.
4.1 To make any purchase of Software from us, you will need to use ClickBank. You will be expected to adhere to ClickBank’s terms and conditions when making payment.
4.2 Details of our prices for the Software and the procedures for payment are displayed on our website. Any price displayed is the price in force at the date and time of your order. We may change the price of any subscription before you place a subscription request. We try to ensure that our prices displayed on our website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see sub-clause 4.3 below). We will inform you if any item of Software is higher than that stated in your purchase request and you may cancel the order and decide whether or not to purchase at the correct price. The prices are exclusive of applicable taxes.
4.3 W&B Techniques is entitled to refuse any request to make a purchase received from you. THE CONTRACT IS MADE if your purchase request is accepted. We will confirm acceptance to you by online electronic means (‘Confirmation’) on ordering. The Software will be made available to you on Confirmation via email to the email address that you give when you place your order. Making the Software available to you on Confirmation constitutes performance of our services and you will have no right to cancel the contract once we have done so.
4.4 You undertake that all details you provide to ClickBank for the purpose of purchasing Software will be correct, and any electronic cash which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any purchase you make. We reserve the right to obtain validation or verification of the authenticity of any payment method before providing you with any goods or services.
- Warranties and returns
5.1 We warrant that:
(a) we have a right to license the Software to you; and
(b) we will provide this service with reasonable skill and care.
5.2 If the Software made available to you is not what you ordered, on notification by you in writing or by email to the Company, the Company may, at its option, provide you with a refund or supply you with replacement Software.
5.3 If you wish to cancel your order within seven (7) working days of Confirmation for any reason (including if you simply change your mind), you may do so if you send us a notice in writing or other durable medium (including email), but only if you have not yet been granted access by W&B Techniques to any Software. If you exercise your right to cancel as set out in this clause 5.3, you may claim a refund from W&B, which will be paid as soon as possible, but in any event within [thirty (30)] days.
5.4 If you have any complaints, you should direct them to us via email or by post at Williams & Techniques Byrne Limited, Church Farm Studios, Stanton Lacy, Nr Ludlow, Shropshire SY8 2AE.
- Changes to the Website or Software Products
6.1 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of the services we provide, including your access to it. Unless explicitly stated to the contrary any new features will be subject to these terms and conditions. Please note that although we try to ensure that the content of our website is accurate, it may contain typographical errors or other inaccuracies.
6.2 You may not (save as to the extent allowed by law) disassemble, decompile or reverse engineer any Software, nor translate, adapt, modify, lease, rent, loan, redistribute, sub-lease, sub-license or create derivative works from the Software.
- Information you provide
7.1 The following applies to any information you provide to us, for example, during any registration or subscription process.
(a) You authorise us to use, store or otherwise process any personal information which relates to and/or identifies you, including, but not limited to, your name and address, to the extent reasonably necessary to provide the services which are available through our website by us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties [(together our ‘Partner Companies’). These Partner Companies may be located in countries outside the EEA that may not have laws to protect your information. Details of the companies and countries involved in your case will be provided on request. If you would like to request such information or review or modify any part of your personal information then you should email us at studio[at]williamsandbyrne[dot]co[dot]uk.
7.2 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should email us at [email protected]
You are solely responsible in all respects for all use of and for protecting the confidentiality of any verification or password information that may be given to you or selected by you for the purpose of making a purchase. You may not share these with or transfer them to any third parties. You must notify W&B Techniques immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.
- Applicability of online Software
9.1 Our website is controlled and operated by us from our offices in the UK. Where Software is supplied by third parties, you understand that we do not control or endorse their contents in any way. All Software which is offered by third parties, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such Software (online or off-line) and the use of that Software. You assume total responsibility and risk for your use of the Software and the website.
9.2 We have used our best endeavours to ensure that all Software complies with UK laws but we make no representations that the Software is appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.
9.3 W&B Techniques makes no warranties, express or implied that making the Software available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or Regulations. Accordingly, if making the Software available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, the relevant Software is not offered for purchase by you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to make a purchase from us. W&B Techniques accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the Software by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
- Copyright and monitoring
The contents of our website and the Software are protected by international copyright laws and other intellectual property rights. The owner of these rights is W&B Techniques, our affiliates or other third party licensors. All product and company names and logos contained within our website are the trade marks, service marks or trading names of their respective owners, including us.
- Linked websites
W&B Techniques makes no representations whatsoever about any other websites which you may access through our website. When you access any other website you understand that it is independent from W&B Techniques and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that W&B Techniques endorses or accepts any responsibility for the content, or the use of, such a website and we shall not be liable 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 external link should be directed to its website administrator or web master.
- Availability of the online service
We will try to make the website available all the time but cannot guarantee that it will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of the 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.
- Liability and Delivery
13.1 Except as set out in sub-clause 5.1, we exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Software, any information contained in the Software, our website or any information or service provided through our website. We will do our best to ensure that all Software functions properly and information and the content of our website is accurate, but please note that all Software, website content and information are provided on an ‘as is’ basis and you assume total responsibility and risk for your use of Software and content and information contained in the website.
13.2 Any reference to goods contained in information capable of being viewed by means of the Software may include a reference to substances which are capable of causing harm if not properly used or stored and the appropriate precautions should be taken. You accordingly agree that it is your duty to take all such steps as are reasonably practicable or usual to eliminate or reduce any risk to health and safety in respect of any use of such goods by any person. You shall indemnify us against any claim, proceedings, costs, loss, damage or liability suffered by us as a result of any failure by you, or any other person in control of the goods, to take such steps or ensure compliance with precautions as advised or any other negligent act or omission on your part.
13.3 We accept no liability for any indirect or consequential loss or damage whether caused by any service provided by us or by your use of the Software or any information contained in the Software, or for any direct or indirect loss of data, profit, revenue or business in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or the Software, we accept no liability 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 W&B or our servants, agents or any other person or entity.
13.4 If we are liable to you for any reason, our liability will be limited to the amount paid by you for any purchase. Nothing in this clause 13 shall limit or exclude any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.
13.5 You are responsible for ensuring that your computer system and any peripheral equipment meets all relevant technical specifications necessary to download and use the Software and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties and that you have the correct software environment on your computer to properly use the Software or that the software environment on your computer is compatible with the Software. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
13.6 The limitations and exclusions in this condition do not affect your non-excludable statutory rights only apply to the extent permitted by applicable law.
14.1 We may, but you may not, assign any rights and/or transfer, sub-contract or delegate any obligations under these terms and conditions, and/or charge or deal in any other manner with these terms and conditions or any of our respective rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of this clause 14.1 shall be ineffective. These terms and conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.
14.2 We may occasionally alter these terms and conditions and post the new version on our website, following which all purchases will be governed by that version.
14.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
14.5 These terms and conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
14.6 Except in respect of a payment obligation, neither you nor Williams & Byrne Techniques Limited will be held liable for any failure to perform any obligation to the other due to causes beyond your or Williams & Byrne Limited’s respective reasonable control.
14.7 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that right or remedy.
14.8 These terms and conditions do not confer any rights on any person or party other than you and/or us pursuant to the Contracts (Rights of Third Parties) Act 1999.
These terms and conditions replace all other terms and conditions previously applicable to the purchase of any items or services through our website.