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Terms and Conditions
/ Terms and Conditions
TERMS AND CONDITIONS OF USE OF OUR WEBSITE
We are Writing Times Limited (trading as “Writing Times”) Company Number 10170099 Registered Office 412 Thorold Road, Ilford, Essex, IG1 4HF
Site is www.writingtimes.co.uk
You are a visitor to our Site
Our Terms and Conditions page sets out what you can expect from us and what we expect from you when you visit our Site. These Terms and Conditions apply whether you are an Author, whether you want to buy from an Author or even if you are just visiting.
BY REMAINING ON OUR SITE YOU ARE ACCEPTING THESE T&Cs
One other thing we need to say is that we do change these T&Cs from time to time and so you must always visit this page to see what changes we’ve made – we’ll assume that you have each time you contact us.
– This page is meant to form the basis of the relationship between us and you and both you and we agree to be bound by what it says.
– There are some definitions at the bottom of the page.
YOUR PROMISES TO US
You warrant and agree that:
you have the right to make this Agreement with us and that you are over the age of 18 years;you will have only one Account with us;all of the information you give to us when you open an Account is true, accurate and complete and that you are not opening the Account for anyone else;if you have a username on the Site, that name will not be offensive, suggest that you are someone else or that you represent a trade or brand name and you agree that we may insist that you change your username if we think it breaks this term;if you follow any links we have on the Site, you will read the T&Cs on the sites we link you to;you won’t use robots, spiders, scrapers or similar things on our Site;you won’t try to get around any things we put on the Site to stop or limit access to parts of it;you won’t do anything that might cause our systems to crash;you won’t steal, borrow, copy or otherwise obtain the Site or any part of it for use in any other site or application;you won’t try to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any programs we use in connection with this Site or the services it offers;you won’t copy, imitate or use the trademarks and/or designs and/or layout or anything else which would usually amount to intellectual property and which we own.
INTELLECTUAL PROPERTY ON THE SITE
Either we or our affiliates own all of the information and intellectual property on the Site.
You don’t have the right to copy or use any of that information or intellectual property other than to use the Site, unless we give that right to you.
These restrictions extend to all reviews, articles and other written material on the Site.
E-BOOKS/DIGITAL PRODUCTS/OTHER DOCUMENTS
If we agree to supply you with an e-book, a product which is digital in nature or any other document you agree that that e-book, digital product or document is supplied by way of licence for your personal use only and that by buying the licence to use that e-book, digital product or document we are not giving you a licence to use it in any other way or for any other purpose.
You do not have the right to alter, adapt, translate, lend, rent out, assign or otherwise deal with the e-book, digital product or other document in any way.
As far as we are allowed to do so by law, we do not accept any liability for the content of any e-book, digital product or document unless we have published it ourselves and you acknowledge that unless we are the publisher we have no knowledge of or control of its content.
If you are an Author and you wish to promote your Work using the Site you warrant and agree that:
you are entitled to agree these T&Cs with us;that the Work you are promoting on our Site is yours or that you have the right to promote it;that you will comply in all respects with the Regulations and that it is you and not us who is the Seller of your Work;that you will indemnify us in all respects and without limit from and against all liability (including all legal and other costs we incur) which arises as a result of your promoting your work on the Site;nothing in the Work is offensive, indecent, obscene, illegal, dishonest, untruthful, defamatory or discriminatory and that nothing in the Work will infringe statute, the common law or the statutory rights of any third party.
If you want to benefit from the Site to its fullest extent and if we ask you to do so, you must create an Account which will contain certain personal details. When you create an Account you promise that:
· All information you submit is accurate and truthful.
· You will keep this information accurate and up-to-date.
· You will not share your Account with anyone else.
· You will keep your Account details confidential.
· You will not give your username or password to anyone else.
· You will log off when you exit the Account – to prevent unauthorised use by others.
Your Account will be closed by us if you break these T&Cs or if there has been no activity on the Account for 6 months and you don’t reactivate the Account after we have requested that you do so.
If any payment we send to your bank account is refused and you do not supply us with an alternative bank account within 28 days of us asking you, we may keep the monies in the Account and you will be entitled to nothing.
If you do anything which we think might be fraud, we have the right to report those actions to the Police and any money standing to the credit of your Account may be kept by us to cover the costs we are put to in dealing with your fraud.
If we ask you to, you must authenticate your email address with us and if you change your address at any other time you must tell us and authenticate it again.
If you have not authenticated your current email address with us and/or if it cannot accept emails from us and/or you mark our emails as spam, abusive or junk then, and in any such event, we can terminate your Account without notice to you.
If we earn any commission on any transaction in which we are involved or any interest on the money deposited in your Account we may keep that commission and/or interest.
You can cancel your Account with us at any time; all you need to do is to email us at email@example.com.
USE OF COMMUNICATIONS FACILITIES
When using any forums or chat rooms on the Site and/or any other similar system on the Site and when using Facebook, Wordpress or any other external communication system to contact us, you must do so in accordance with the following rules:
· you must not use language that may be offensive to other Users;
· you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
· you must submit no Content that is intended to promote or incite violence;
· Content must be posted, and communications with us must be made, using the English language;
· you must not post links to other sites containing any of the above types of Content;
· the means by which you identify yourself must not violate these T&Cs or any applicable laws;
· you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
· you give us an unrestricted licence for all purposes and for the whole of the world to use the material you publish on the Site without charge and/or acknowledgement of you as the author;
· you must not impersonate other people, particularly our employees and representatives and those of our affiliates; and
· you must not use our System for unauthorised mass communication such as “spam” or “junk mail”.
You acknowledge that we have the right to monitor any and all communications made to us or using our System.
You acknowledge that we may retain copies of any and all communications made to us or using our System.
You acknowledge that any information you send to us through our System or post on any forums or chat rooms may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us and agreed with us in advance and we have the right to reject such restrictions.
Any Goods you buy from us will be despatched to you in the manner you have selected on the Site but we cannot guarantee that any delivery time quoted will be met if the Goods are delivered by a contractor independent from us.
Unless sent by Royal Mail, Goods will be delivered to your front door and only to ground floor areas.
Unless you advise us otherwise within 3 days of receipt of the Goods, you are deemed to have accepted that the Goods are satisfactory and with no problems.
If you are buying any Goods or any services from us as a consumer then the following provisions apply.
You agree that, for the purposes of the agreement between us and for the Regulations we may confirm the terms of this Agreement and the goods and services it is providing to you by email.
If you receive Goods which:
do not match the description of the Goods that you ordered from us; orhave faults when they are delivered to you; or · have been damaged in transit,
you must contact us within 3 days of delivery to arrange for their return. You will be responsible for paying shipment costs and we will have the option to replace the Goods (if available) or to refund you through the payment method used by you when purchasing the Goods. Such refunds and/or replacements will be issued only upon our receipt of the returned Goods.
If you do not want the Goods then you must tell us within 14 days of their delivery and when we receive the Goods in an unused state, in their original unopened packaging and in a saleable condition we will refund the price you paid for them plus our standard postage and packing costs. You must contact us beforehand at firstname.lastname@example.org or you can complete and send to us a completed Cancellation Form -
Click here to access the form.
We reserve the right to amend the amount we refund pursuant to this Agreement in the following circumstances:
· you have used and enjoyed the Goods;
· the Goods are of a nature which may cause them to deteriorate or expire rapidly and you do not communicate with us in a timely manner;
· if the individual packaging has been opened;
· where there are any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to you at the time of purchase.
If you are not buying as a consumer we will not accept returns unless we have agreed with any complaint or observation you have made to us within 3 days of receipt of the Goods.
PAYMENT & BANK/CREDIT CARD NUMBERS
If we offer you the ability to pay us by instalments you agree:
· not to cancel any arrangement or fail to pay all such instalments
· if one or more instalment is not paid on the date it is due to be paid we may:
o cancel any order you have made with us or stop delivering any services we have agreed to provide; or (at our option)
o treat the entire balance due under the instalment arrangement as being immediately due and payable.
· If any payment due to us is delayed by more than 7 days, we may:
o charge you interest upon it (and the balance due if we decide to pursue the entire balance) at a rate 6% above the base rate from time to time of Barclays Bank plc;
o suspend your Account and any services we are providing to you.
We will not retain any information relating to your bank or credit cards.
PRIVACY & COOKIES
Click here to view the policy.
We can’t promise that the Site will meet your needs; that it will work properly; that it will be fit for a particular purpose and that it will not infringe the rights of others.
We can’t promise that it will work with all systems; that it will be secure and that all information provided will be accurate.
Any advice given on the Site is general in nature and may not apply to you and/or your circumstances. Unless the advice is given to you as part of a paid for service we offer on the Site, you must take steps to double check that that advice is effective for you.
We take all reasonable effort to test material before placing it on the Site. In the very unlikely event of any loss, disruption or damage caused by material on the Site, we cannot be held responsible for any loss, disruption or damage to your data or computer system which may occur.
Because we cannot know and understand your personal circumstances, we cannot guarantee that any suggestion in any material we provide will cause any specific outcome and any and all such material is provided by way of general suggestion only and not in any form of warranty on our part as to any outcome you may achieve.
The only rights you have under these T&Cs are those mentioned within them. If a right is not mentioned (unless it is a right given to you under the laws of England and Wales) then it does not exist.
We do our very best to make sure that you do not experience any problems but if you do, you must tell us straight away.
We will do what we can to resolve the problem as quickly as we can and without charge to you if we agree that you have a problem.
AVAILABILITY OF THE SITE
We never guarantee that the Site will be available all the time and if it’s not available for any reason you can’t hold us responsible for anything you lose as a result.
We have the right to change the Site and the services it offers, suspend it or stop it at any time.
LIMITATION OF LIABILITY
As far as we are allowed by law, we deny liability for any losses of all kinds which you incur from visiting the Site. You use the Site at your own risk.
We do not accept any liability if you are using the products and services we supply for commercial purposes.
Nothing in these T&Cs excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on our part.
LINKS TO OTHER WEBSITES
We don’t control any of the websites we link to and so we can’t be responsible for the content of such websites and disclaim liability for any losses which come out of you using them.
Just because we link to a site does not mean that we endorse or recommend that site.
We can never guarantee that a link will work.
If you find any link we offer to be offensive, please let us know and we will consider removing it.
If you link to any other site using the Site then you understand that separate conditions will apply to those sites and that we have no control over those conditions – so you agree that you will read and understand them before using those sites.
MODIFICATIONS TO THESE TERMS AND CONDITIONS & THE SITE
We’ve already said this, but we need to make it clear that these T&Cs will change from time to time and we don’t have the resources to let all our visitors know about the changes. As a result you MUST come back to this page to make sure that we haven’t changed the T&Cs and whenever you access the Site, you are confirming to us that you are aware of any changes.
We’ve also got the right to change the Site as and when we want to, but these T&Cs will still apply to any changes we make.
· Operative Law – These T&Cs are made under the laws of England and Wales and that is the only jurisdiction which can govern it.
Partnership/Joint Ventures – we and you agree that these T&Cs do not form the basis of any partnership or co-venture.Effect of Agreement –These T&Cs Agreement supersede any previous agreement between the parties in relation to the matters dealt with in them and represents the entire understanding between the parties.Time of the Essence – time will not be of the essence in any part of these T&Cs · Warranties – all parties acknowledge and agree that they have accepted these T&Cs in reliance on anything said or promised by the other which is not in these T&Cs.
Force Majeure – if something outside our control happens and that prevents us from performing our services then you accept that we are not liable for the consequences of that failure (this includes such things as strikes, riots, fires, explosions, war, floods and so on). If such an event does happen we will tell you as soon as we are able and resume the service as soon as we can. If we cannot perform the service within a reasonable time, we can cancel it and if we do we will refund to you a fair and reasonable proportion of any payment you have made to us.Unenforceability – if a Court or other body says that any part of these T&Cs is unenforceable, the rest of them will stand. · Notices – if either you or we need to give formal notice to the other it must be done by email to the address that each of us gives to the other from time to time.
Entire Agreement – these T&Cs contain the entire understanding between us.
Account means collectively the personal/identifying information and credentials used by Users to access the services on the Site.
Author means the person named as such in any books or articles promoted on the Site.
Regulations means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Content means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Site.
Goods means any goods or products you purchase from us.
System means the communications system or systems we use in connection with the Site.
T&Cs means these terms and conditions.
User means any person, firm or company using the Site for any purpose.
Work means the work promoted by an Author using the Site.