BENSONS BUSINESS AND LEISURE TERMS AND CONDITIONS OF SALE; DIGITAL PRODUCTS AND SERVICES
Information about us:
- How these terms apply to the sale of products and services
- About you
- Digital products and services
- Requirements to access the digital products and services
- Placing an order and how the contract is formed between you and us
- Availability and delivery
- Price and payment flow
- Cancellations and returns
- Termination of your account
- Our liability to you
- Written communication
- Transfer of rights and obligations
- Events outside our control
- Severability and third party rights
- Entire agreement
- Our right to vary these terms and conditions
- Law and jurisdiction
- Questions or complaints
INFORMATION ABOUT US
[email protected], [email protected], [email protected], [email protected], [email protected], and [email protected] (‘sites’} are sites operated by Paul St John Bennett trading as Bensons Business and Leisure (‘we’} at 77 Templeton Park, Chelmsford, Essex, CM2 8LG United Kingdom
HOW THESE TERMS APPLY TO THE SALE OF PRODUCTS AND SERVICES
- Digital downloads of audio products to your computer or mobile;
- Digital downloads of video products to your computer or mobile;
- Digital downloads of documents (i.e. PDF, Word files) to your computer or mobile;
- Streaming of video or audio products via these sites
- Proof-reading and copy-editing services ( see additional terms and conditions )
Each time you purchase digital products and/or services through these sites you will be required to click the ‘Proceed to Checkout’ button to complete the order, which is preceded by the instruction ‘I’ve read and accepted your licence agreement & terms and conditions’. By clicking the ‘Proceed to Checkout’ button and/or by using these sites to purchase digital products and/or services you are accepting both this licence agreement and terms and conditions of sale and if relevant any product and/or services’ specific terms. Any terms which you seek to impose in respect of your purchase of digital products and/or services through these sites will not form part of any contract between us. Please read these terms and conditions carefully before ordering any of the products and/or services from our sites. If you have any queries on these terms please contact us before placing any order.
- Bensons Business and Leisure terms and conditions of sale;
We recommend you review these terms and conditions each time you purchase digital products and/or services and print a copy of these terms and conditions for your future reference.
By placing an order for digital products and/or services through our sites, you warrant that:
You are legally capable of entering into binding contracts;
You are at least 18 years old;
You will not copy, distribute or share the digital products and/or services other than as allowed under these terms of sale and the product licence agreement.
You do need to register with the sites to place an order for digital products/or services. You will be required to provide us with certain information including certain personal and payment/billing details so that we can process your order.
You agree to provide us with truthful, complete and accurate details. You agree to provide us with your details only. You should keep any account details (including any password) safe and should not share or disclose them to anyone. Please notify us immediately if you suspect your account details have been compromised. You are responsible for all orders placed/activity undertaken using your account details.
We provide the digital service on these sites, which allows you to access, stream or purchase downloads of digital products and/or services (including information related to these products and/or services and associated artwork).
All digital products and/or services available through these sites are owned or controlled by us and are protected by intellectual property rights.
Any streaming or use of digital products and/or services purchased through these sites are subject to the product licence agreement. Upon payment of the price of the digital product and/or services we grant you a non-exclusive, non-transferable licence to use the digital product and/or services with these terms of sale.
You agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-licence or transfer any digital products and/or services available through these sites (whether the same are available as streams and/or downloads) in any manner other than explicitly described in the product licence agreement. Nothing in these terms of sale grants to you any rights other than those expressly set out herein. These terms do not grant to you any rights in relation to the synchronisation, public performance, promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of any Bensons Business and Leisure digital products and/or services.
We will be entitled to obtain injunctive relief against you, in addition to all other remedies that we may have, to enforce these terms of sale and to prevent your unauthorised use of these sites and/or digital products and/or services.
Downloads of digital products and/or services are capable of being downloaded to and stored on the hard drive of your computer and then exported, burned or copied. You must adhere to any and all usage restrictions that apply to the digital product and/or services as set out in the product license agreement.
Watermarking; To prevent unauthorised use, Bensons Business and Leisure digital products or services may carry a digital watermark and/or copyright that allows us to identify the origin of the digital product and/or services and track any subsequent unauthorised transfer. You agree to not attempt to remove the watermark or circumvent the security technology in any way.
REQUIREMENTS TO ACCESS BENSONS BUSINESS AND LEISURE’S DIGITAL PRODUCTS AND SERVICES
In order to access and download digital products and/or services you will need:
- Internet access;
- Intel® Pentium® III 1GHz or faster processor, 512MB of RAM Recommended: Pentium 4 2GHZ or faster, 1GB RAM. Intel Core™ Duo 1.83GHz or faster processor; PowerPC® G4 1GHz or faster processor
- Windows 8, Windows 7, Windows Vista® Home Premium, Business, Ultimate, or Enterprise including 64 bit editions, Windows Vista SP1, Mac OS X 10.4.11 or Mac OS X 10.5.4, 10.5.5, and 10.6. Mac refers to zipped files as stuffed or compressed files.
- A PDF file reader, such as Adobe PDF reader.
You acknowledge and agree that the provision of all these requirements is your responsibility and is at your own cost. You are also responsible for ensuring that any hardware and/or software you use to download and/or access digital products and/or services functions correctly with this site.
You acknowledge that due to industry/technology developments, the nature of the digital products offered (including format of files, operating systems, downloading software etc) and the system requirements may change from time to time. We shall use reasonable endeavours to update our sites with information relating to system requirements but are not responsible for any consequences resulting from our not providing this information.
PLACING AN ORDER AND HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order for a digital product and/or services via our sites, you will receive an on screen message and e-mail from us, for products, and an e-mail from us for services, setting out the details of your order and acknowledging that we have received your order.
The contract for the purchase of any digital product and/or services will be between you and us and will only be formed when we make the digital product and/or services available for download and we have received payment in full for the digital product and/or services. Until we make the digital product and/or services available for download and receive payment in full there is no contract between you and us for the digital products and/or services. We reserve the right, in our sole discretion to reject any order we receive.
AVAILABILITY AND DELIVERY
All digital products and/or services featured on our sites are subject to availability. We reserve the right to change or remove a digital product and/or service(s) or other content on the sites at any time without notice or liability to you. For example we may have obtained rights from third parties to make the digital product and/or services available and, in the event we lose these rights, we may need to remove the digital product and/or services from the sites and make it unavailable for purchase.
PRICE AND PAYMENT FLOW
We will provide a download link to your purchased digital product within 24 hours of payment being received and will commence the purchased proof-reading and/or copy-edited service within 24 hours of payment being received unless advised otherwise. This delay allows us to custom watermark all materials with your organisation’s logo if we so choose (a no-cost service).
The price of any digital product and/or service will be as quoted on these sites at the then current time, except in the case of obvious error. We will not accept any offers for digital products and/or services other than at the then current price. Digital products and/or services may, at our discretion, be purchased individually, or bundled in a suite. We reserve the right to make certain digital products and/or services available only as part of a larger product and/or service offer.
We use our best efforts to ensure the prices of digital products and/or services displayed on our sites are correct. However, our sites contain a number of digital products and/or services and it is always possible that, despite our best efforts, some of the digital products and/or services listed on our sites may be incorrectly priced. If the price of a digital product and/or service is higher than the price stated on our sites at the time you placed your order and we have not yet taken payment and made the digital product and/or service available for download we will normally, at our discretion, either contact you for instructions before making the digital product and/or service available for download (i.e. to confirm your order and that you wish to proceed at the correct price), or reject your order and notify you of such rejection.
We are under no obligation to provide the digital product and/or service to you at the incorrect (lower) price if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a pricing mistake. We reserve the right to withdraw from any contract for digital products and/or services in the case of obvious and unmistakable pricing errors.
Prices for digital products are liable to change at any time, but subject to sections 10.5, 10.6 and 22.2 changes will not affect orders in respect of which we have already taken payment and made the download available.
Note that if you are downloading the digital products and/or services to a mobile some network/service providers may charge you an additional amount for this service. We recommend you contact your network/service provider to understand the nature and extent of any additional charges, including overseas roaming charges, before selecting the download to mobile option. You accept that you are responsible for paying these charges.
Payment for all Bensons Business and Leisure digital products and/or services must be by credit card or Paypal. We accept the credit cards displayed on the payment page of our sites.
By providing the details of a credit or debit card to be billed or payment account to be debited for payment of the price due, you confirm that you are authorised to purchase the digital products and/or services and that you are the holder of the relevant credit or debit card or of the relevant payment account or are expressly authorised to use such. All card payments and card holder details may be subject to validation checks by us and the card issuer.
All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order. Should there be a problem with your payment we will contact you to discuss the next steps.
CANCELLATIONS AND RETURNS
Cancellation of an order for a download of a digital product and/or services
Cancelling digital downloads ( from the ‘Which?’ website )
The Consumer Contracts Regulations contain specific provisions for digital content. Retailers mustn’t supply digital content, such as music or software downloads, within the 14 day cancellation period, unless the consumer has given their express consent to this happening. The consumer must also acknowledge that once the download starts they will lose their right to cancel. If a consumer doesn’t give their consent, they have to wait until the cancellation period has ended before they can download the digital content. This is to ensure the digital content is what you want before downloading it.
You may not cancel an order by you for any download of a digital product and/or services once it has commenced download by you. Each purchase and commencement of a download shall be deemed a final, non-exchangeable, non-refundable sale.
Faulty/Defective Digital Products
We take great care in providing our digital products and/or services. In the unlikely event of faults with, or damage to, the digital products or if you have received a faulty or incomplete digital product and/or service please contact us at [email protected] We will replace any such faulty or damaged digital product and/or service if possible or if there are continuing issues with the digital product we may issue a refund. You must notify us within a reasonable period of time of download of the digital product. If you fail to notify us within a reasonable time, we will have no liability to you. In the event of a faulty or incomplete proof-reading and/or copy-editing service we will contact you regarding an alternative means of payment.
TERMINATION OF YOUR ACCOUNT
If you are in breach of, or we suspect you are in breach of, these Bensons Business and Leisure digital product and/or services Terms of Sale then we may take any/all of the following actions:-
- issue a warning to you;
- immediately, temporarily or permanently withdraw your access to your account and/or the sites; however you will remain responsible for all outstanding amounts on your account;
- take legal action against you;
- disclosure of information to law enforcement authorities as we reasonably feel is necessary.
The responses described above are not limited and we may take any action we reasonably deem appropriate.
OUR LIABILITY TO YOU
PLEASE READ THIS SECTION CAREFULLY AS IT SETS OUT THE LIMITATIONS OF OUR LIABILITY TO YOU
You agree you will have no claim against us, in respect of any decision to remove digital product and/or services from these sites or any decision to suspend or terminate your access to these sites or to Bensons Business and Leisure digital products and/or services (including by way of purchase) through the sites.
We warrant to you that any digital product and/or services purchased from us through our sites is of satisfactory quality and reasonably fit for the purpose for which products and/or services of the same kind are commonly supplied. We do not make any other promises or warranties about the digital products and/or services. You agree that use of these sites to access or purchase digital products and/or services is at your sole risk.
If you or we are in breach of the contract for the digital product and/or services, neither of us will be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the breach. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
Our liability for losses you suffer as a result of us breaking a contract for digital product and/or services is strictly limited to the purchase price of the relevant digital product(s) and/or services affected.
We are not responsible for losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us including but not limited to:
third party loss;
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of, damage to or corruption of data;
loss of opportunity or goodwill;
indirect or consequential loss of any kind; however arising and whether caused by tort (including negligence), breach of contract or otherwise.
This section 15 does not exclude or limit in any way our liability:
for death or personal injury caused by our negligence;
for fraud or fraudulent misrepresentation;
for any deliberate breaches of these terms by us that would entitle you to terminate the contract between us relating to the digital products; or
for any matter for which we cannot exclude, or limit our liability under applicable law.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our sites, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Bensons Business and Leisure site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
All notices given by you to us must be given by email to [email protected] or, in the case of proof-reading and copy-editing notices, by e-mail to [email protected], or by post to Paul St John Bennett trading as Bensons Business and Leisure, 77 Templeton Park, Chelmsford, Essex CM2 8LG, United Kingdom. We will give notice to you at either the e-mail or postal address you provide to us as part of the order process or your account registration. Notice will be deemed received and properly served immediately when posted on the same Bensons Business and Leisure site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to, and received by, the specified e-mail address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS
Neither you nor we may transfer, assign, charge or otherwise dispose of a contract for digital products and/or services, or any rights or obligations arising under it, without the other’s prior written consent. You agree however that we may sub-contract our obligations (for example contracting with a third party company to deliver the digital product and/or services ) provided that we remain responsible to you for the performance of the contract.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract for a digital product and/or services that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks and/or the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any contract will be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance the same as the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations relating to the digital products and/or services may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a contract for a digital product and/or services, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies which we are entitled to under the contract relating to the digital products and/or services, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with section 16 above.
SEVERABILITY AND THIRD PARTY RIGHTS
If any of these terms or any provisions of a contract for a digital product and/or services are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term or provision will to that extent be removed from the remaining terms and provisions which will continue to be valid to the fullest extent permitted by law.
A person who is not a party to these terms of sale has no rights under the Contracts (Rights of Third Parties) Act 1999, or the Consumer Contracts Act 2014, to enforce any of these terms but this section does not affect a right or remedy of a third party which exists or is available apart from that Act.
We intend to rely upon these terms and conditions of sale and any document expressly referred to in them in relation to the subject matter of any contract relating to the digital products and/or services. If you are uncertain about your rights or think there is a mistake or that the terms are not complete and accurate or do not reflect any conversation with our customer services representatives, please contact us before placing an order in order to discuss your query/concern as we only accept responsibility for statements made in writing. In that way, we can avoid any problems surrounding what we and you are expected to do in relation to the contract for the digital product.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions of sale from time to time including to reflect changes affecting our business, changes in technology, changes in licensing arrangements, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our sites’ capabilities.
You will be subject to the policies and terms and conditions of sale in force at the time that you order digital products and/or services from us, unless any change to those policies or these terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we give you reasonable notice of the change to those policies or these terms and conditions of sale before we confirm your order (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the digital products and/or services or our entering into the contract for the digital products and/or services (as applicable)).
LAW AND JURISDICTION
Contracts for the purchase of digital products and/or services through our sites and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
QUESTIONS OR COMPLAINTS?
If you have any queries at all regarding these sites, the products and/or services featured on the sites or any of the terms, please do not hesitate to contact us via e-mail at [email protected], or via post at Bensons Business and Leisure, 77 Templeton Park, Chelmsford, Essex, CM2 8LD, United Kingdom, and we will be more than happy to assist you.