Online Terms and Conditions for the supply of digital content and end user licence agreement

Contents

1. Introduction
2. Information we give you
3. Your privacy and personal information
4. Ordering digital content from us
5. No right to cancel
6. Permission to use the digital content
7. Access & Download
8. Payment
9. Nature of the digital content
10. Faulty digital content
11. End of the contract
12. Limitation on our liability
13. Third party rights
14. Disputes

Please read the following important terms and conditions before you buy any digital content from us and check that they contain everything you want and nothing that you are not willing to agree to.

Summary of some of your key rights:

Important information on downloading costs and ‘bill shock’:

This contract sets out:

• your legal rights and responsibilities;
• our legal rights and responsibilities; and
• certain key information required by law.

In this contract:

• ‘we’, ‘us’ or ‘our’ means Emily’s Notebook Ltd; and
• ‘you’ or ‘your’ means the person buying digital content from us.

If you have any questions about this contract or any purchases you have made, please contact us by:

• sending an email to emily@emilysnotebook.co.uk; or
• filling out and submitting the online contact form available here https://emilysnotebook.co.uk/about/

Who are we?

1. Introduction
   1. If you buy digital content or access any free digital content from us you agree to be legally bound by this contract.
   2. This contract is only available in English. No other languages will apply to this contract.
   3. When buying any digital content on our site you also agree to be legally bound by:
      1. our website terms and conditions and any documents referred to in them;
      2. extra terms which may add to, or replace some of, this contract. This may happen for security, legal or regulatory reasons. We will contact you to let you know if we intend to do this by giving you one month’s notice; and
      3. specific terms which apply to certain digital content. If you want to see these specific terms, please visit the relevant webpage for the digital content or click on the relevant link at any time during the online purchase process.

All of the above documents form part of this contract as though set out in full here.

1. Information we give you
   1. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
      1. click on the ‘key information’ button;
      2. read the acknowledgement email (see clause 4.4); or
      3. contact us using the contact details at the top of this page.
   2. The key information we give you by law forms part of this contract (as though it is set out in full here).
   3. If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
2. Your privacy and personal information
   1. Our Privacy Policy is available at https://emilysnotebook.co.uk/website-privacy-policy/
   2. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
3. Ordering digital content from us
   1. Below, we set out how a legally binding contract between you and us is made.
   2. You place an order on the site by clicking on the relevant subscription or buy now buttons. Please read and check your order carefully before submitting it. You will be able to correct any errors before submitting your order to us.
   3. Before you place your order, you must check that the hardware and software requirements of your computer or device mean that you can download or access the digital content. Please click on the ‘key technical information’ button if you want to see the requirements.
   4. When you place your order at the end of the online purchase process (e.g. when you click on the ‘subscribe’ or ‘buy now’ buttons, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted by us.
   5. We may contact you to say that we do not accept your order. This is typically for the following reasons:
      1. the digital content is unavailable;
      2. we cannot authorise your payment;
      3. you are not allowed to buy the digital content from us;
      4. we are not allowed to sell the digital content to you; or
      5. there has been a mistake on the pricing or description of the digital content.
   6. We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
      1. a legally binding contract will be in place between you and us; and
      2. the digital content will be made available to you..
   7. The digital content on the site is suitable for all ages. However, if you are under the age of 18 whilst you may buy any digital content from the site, payment must be made by someone over the age of 18.
4. No right to cancel
   1. When you place an order for digital content, each part that forms the online course you have chosen will become available to access or download at appropriate intervals (usually daily). See also clause 7.2. Once all content is available, you will continue to have access to it. You acknowledge that accessing or downloading any part of a course means you lose your right to cancel.
   2. This means that you do not have the right to cancel this contract once the download of the digital content starts or once you have accessed it through our third party provider and are not entitled to a refund unless the digital content is faulty.
   3. This does not affect the rights you have if your digital content is faulty. A summary of these rights is provided at the top of this page. See also clause 10.
5. Permission to use the digital content
   1. When you buy the digital content and it is downloaded (see clause 4.6.2), you will not own it. Instead we give you permission to use it (also known as a ‘licence’) for the purpose of you using and enjoying it according to this contract.
   2. The digital content:
      1. is personal to you. You can use it wherever you want in the world but only if you comply with local laws;
      2. is non-exclusive to you. We may supply the same or similar digital content to other users;
      3. may not be:
         1. copied by you except for a reasonable number of necessary back-ups;
         2. changed by you (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract the source code from it, except where any of this is allowed by law);
         3. combined or merged with, or used in, any other computer program; or
         4. distributed or sold by you to any third party;
      4. may include a guide on how to use it. Please read this carefully. This guide is provided where applicable alongside the digital content.
      5. does not include:
         1. updates;
         2. new versions; and
      6. contains information which is owned by us and/or third parties. You must not conceal, change or remove any markings which show who owns this information, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings.
   3. Except where you have permission to use the digital content under this clause 6, you will not obtain any rights of ownership or other rights (of whatever nature) in the digital content or in any copies of it.
6. Access & Download
   1. Once you have placed your order and the Confirmation Email has been sent to you (see clause 4), you will be able to access or download the digital content through our third party platform provider.
   2. We may deliver your digital content in instalments. If you want to see whether your digital content may be delivered in this way, click on the relevant description of the course or relevant digital content at any time.
   3. If something happens which is outside of our control and affects your ability to access or download the digital content, we will let you know when you can expect to be able to access or download the digital content.
   4. If your computer or device blocks the download of or access to the digital content or the download does not start, you may still have the right to cancel the contract. If this happens, please contact us using the contact details at the top of this page.
7. Payment
   1. We accept payments by PayPal or Stripe only. We do not accept credit or debit cards, cash or cheques.
   2. We will do all that we reasonably can to ensure that all of the information you give us when paying for the digital content is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 3) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
   3. All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate.
8. Nature of the digital content
   1. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The digital content that we provide to you must be as described, fit for purpose and of satisfactory quality.
   2. We are under a legal duty to supply digital content that is in conformity with this contract.
   3. When we supply the digital content:
      1. we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content;
      2. we do not promise that it is compatible with any third party software or equipment except where we have said that it is in the guide to its use or on our site; and
      3. you acknowledge that there may be minor errors or bugs in it.
9. Faulty digital content
   1. Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this page. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
      1. visit our webpage;
      2. contact us using the contact details at the top of this page; or
      3. visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.
   2. Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
   3. If your digital content is faulty, please contact us using the contact details at the top of this page.
   4. To avoid faults in the digital content, you must install any fixes, updates, upgrades and new versions as soon as reasonably possible after we tell you that they are available to be accessed or downloaded.
10. End of the contract

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

1. Limitation on our liability
   1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
      1. losses that were not foreseeable to you and us when the contract was formed;
      2. losses that were not caused by any breach on our part;
      3. business losses; or
      4. losses to non-consumers.
2. Third party rights

No one other than a party to this contract has any right to enforce any term of this contract.

1. Disputes
   1. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the digital content you purchased, our service to you or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.
   2. The laws of England and Wales apply to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
   3. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.