Website terms and conditions of download

This page (together with our Privacy Policy https://clcebooks.com/help/privacy, Terms of Website Use https://clcebooks.com/help/website-terms-of-use Website Acceptable Use Policy https://clcebooks.com/help/acceptable-use-policy and our App User Licence https://clcebooks.com/help/app-user-license tells you information about us and the legal terms and conditions (Terms) on which we licence (not sell) any of the eBooks, podcasts, audio books and other downloadable digital content (together the eBooks) listed on our website (our site) or our CLC eBooks mobile application software (App) (which together make up our stores (Stores)) to you.

These Terms will apply to any contract between us for the sale of eBooks to you (Contract). Please note that we only sell eBooks to individuals for personal use and not for any business or other purposes.

Please read these Terms carefully and make sure that you understand them, before downloading any eBooks from our Stores. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to download eBooks from our Stores.

YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSE 8 IN RESPECT OF CANCELLATION OF ORDERS FOR EBOOKS.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 8. Every time you wish to order eBooks, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on May 15, 2015.

These Terms, and any Contract between us, are only in the English language.

1. INFORMATION ABOUT US

1.1 https://www.clcebooks.com is a site operated by CLC Digital Limited ("We"). We are registered in England and Wales under company number 08582787 and have our registered office at 291 Abbeydale Road, Sheffield, S7 1FJ.

1.2 We are owned by CLC International Office which is a trust registered with the Charity Commission in England and Wales having registration number 1058306. More information about CLC International Office can be found at http://www.clcinternational.org/.

1.3 We are regulated by Charity Commission and further details can be found on their website: https://www.gov.uk/government/organisations/charity-commission

2. USE OF OUR SITE

Your use of our site is governed by our Terms of website usehttps://clcebooks.com/help/website-terms-of-use and Website Acceptable Use Policy https://clcebooks.com/help/acceptable-use-policy. Please take the time to read these, as they include important terms which apply to you.

3. HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance with our Privacy Policy https://clcebooks.com/help/privacy. Please take the time to read our Privacy Policy https://clcebooks.com/help/privacy, as it includes important terms which apply to you.

4. ORDER RESTRICTIONS

4.1 By placing an order you are confirming that if you are under 18, you have parental consent to enter this contract.

4.2 You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or other country in which you reside and with all local laws and rules regarding conduct on the Internet.

4.3 The licence of an eBook may be restricted by territory. Where required, to complete the download of any such restricted products, you may be required to provide a billing address in the relevant territory.

5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

5.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

5.2 Each order by you constitutes an offer to us to supply a licence for the use of an eBook. Each order for an eBook made by you through our Services is subject to acceptance by us. We may choose not to accept your order for any reason but will inform you if we do choose not to accept your order. You will make your order when you either:

(a) click on the ‘Proceed to payment’ button during the Checkout process; or

(b) click on the ‘Buy now’ button on various pages throughout our Stores

5.3 The contract between us will only be formed when we accept your order for the eBook or eBooks at the point after you have clicked the ’Proceed to payment’ button or ‘By Now’ button and you have been forwarded to a page informing you "Your order is complete". A confirmation email will also be sent to your registered email address.

5.4 eBooks are supplied subject to our usage rules at clause 6 below.

5.5 We must receive payment in full for eBooks that you order before your order can be accepted and the contract is formed. Payment is taken at the point of order. Once we have received payment, we will send you an email to the email addresses you provided at registration to confirm your order. The order confirmation will state your name, the order number and the total price.

5.6 Our acceptance of your order constitutes a legally binding contract between us on these terms. Any term sought to be imposed by you in your order will not form part of the contract.

6. USAGE RULES

6.1 The Usage Rules govern your use of eBooks supplied through our Stores.

6.2 In respect of each eBook ordered, you are granted a personal, non-commercial, non-institutional, non-teaching, licence which shall be non-transferable to any third party and shall not be for lending or sub-licensing to the extent permitted by law.

6.3 You are permitted to use the eBooks on up to 10 authorised devices at any time via our CLC eBooks mobile application software (App) which is downloadable for free from https://www.apple.com/itunes/ (Appstore). These authorised devices are those listed on our Site from time to time.

6.4 In addition to those rules in the other policies referred to in these Terms, you must not:

(a) attempt to circumvent or modify security or software used in connection the eBooks;

(b) remove or alter any rights management information or proprietary notices or labels in the eBooks; or

6.5 All copyright, trademarks and all other intellectual property rights in all material subsisting in our Services, its design, structure, graphics, video, music and audio content and all software and source codes connected with and comprised in our service including for avoidance of doubt the eBooks, shall remain at all times vested in us or our licensors.

6.6 You are permitted to use the eBooks only as expressly authorised by us, and in particular in accordance with these Usage Rules.

6.7 You acknowledge that the eBooks contain intellectual property rights belonging to or controlled by third parties which are protected by law and any use of an eBook not expressly permitted by these Terms may breach our or others' intellectual and other proprietary rights.

6.8 You must not circumvent any territorial restrictions in place on the Services or provide false billing information.

6.9 The terms governing the download and licence of the App are available here https://clcebooks.com/help/app-user-license and here http://www.apple.com/legal/internet-services/itunes/uk/terms.html.

6.10

7. OUR RIGHT TO VARY THESE TERMS

7.1 We reserve the right to amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.

7.2 Every time you order eBooks from us, the Terms in force at the time of your order will apply to the Contract between you and us.

8. YOUR RIGHT OF RETURN AND REFUND

8.1 Because of the nature of eBooks and the fact that you are given instant access to the product, all sales of eBooks are final and non-refundable. You will NOT have a right to cancel your order once you have actually downloaded the EBook.

8.2 You are responsible for ensuring that you have checked your order prior to clicking either the ‘Proceed to payment’ button or the ‘Buy now’ button each in the Checkout process or the ‘Buy now’ button on the product page.

8.3 Where an eBook you have downloaded fails to operate on a properly functioning supported device our only obligation to you will be, at our sole discretion, either to replace the defective eBook (with the same title) or to provide a refund of the amount paid by you for the defective eBook within a reasonable amount of time via the payment method used for the purchase.

8.4 If you have a problem with an eBook you will need to notify us immediately via the “Contact us” tab on the ‘Help’ page within the App. In the unlikely event of this feature being unavailable to you i.e. if the App will not open, please email: [email protected].

8.5 Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

9. PRICE OF EBOOKS

9.1 The prices of the eBooks will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of eBooks are correct at the time when the relevant information was entered onto the system. However please see clause 10.5 for what happens if we discover an error in the price of Product(s) you ordered.

9.2 Prices for our eBooks may change from time to time, but changes will not affect any order you have already placed.

9.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the eBooks in full before the change in VAT takes effect.

10. OUR RIGHT TO TERMINATE

10.1 We are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the eBooks appearing on our website or applications. If an error or inaccuracy is discovered with regards to the advertised price of an eBook that you have ordered, we will contact you as soon as possible by email. This will be to inform you of the correct price of the eBook, and to ask you if you wish to continue with the order at the amended price, or to cancel the order altogether.

11. HOW TO PAY

11.1 You can only pay for eBooks using the methods advertised on our Site.

11.2 Payment for the eBooks and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.

12. OUR LIABILITY

12.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

12.2 We only supply the eBooks for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.3 We do not in any way exclude or limit our liability for:

(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective eBooks under the Consumer Protection Act 1987.

12.4 Subject to 12.3 our total liability in respect of any and all claims arising out of the supply of eBooks to you will be the value of the eBook purchased from which the claim arises.

13. EVENTS OUTSIDE OUR CONTROL

13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 13.2.

13.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, failure of public or private telecommunications networks, or changes to the terms and conditions on the Appstore in respect of the download and continued supply of the App which are materially detrimental to us and our performance of this Contract.

13.3 If an Event Outside Our Control or other event takes place that affects the performance of our obligations under a Contract:

(a) we will contact you as soon as reasonably possible to notify you;

(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and

(c) we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control. At our sole discretion this may include the assignment of the Contract to a third party of our choosing.

13.4 Where the Event Outside Our Control only affects our short term delivery of EBooks to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

14. COMMUNICATIONS BETWEEN US

14.1 When we refer, in these Terms, to "in writing", this will include e-mail.

15. OTHER IMPORTANT TERMS

15.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

15.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

15.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

15.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

15.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of eBooks through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.