Terms and Conditions, Privacy and Disclaimers
This agreement applies as between you, the User of this Website and Terry Freedman Ltd, the owner(s) of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
means collectively the personal information, payment information and credentials used by Users to access Paid Content and / or any communications System on the Website;
means a small text file placed on your computer by Terry Freedman Ltd when you visit the passworded section of this Website. This allows us to identify recurring visitors and to analyse their browsing habits within the Website. Further details are contained in Schedule 1 of this Policy;
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 this Website;
means any Content that is accessible without the payment of a Subscription Fee;
Means Internet Service Provider. Our one is:
Easynet Connect: http://www.easynetconnect.net/
The ICT in Education website iand Writers' Know-How website are hosted by Squarespace: http://www.squarespace.com/
The website at www.terry-freedman.org.uk is hosted by IC Teachers:
means any provider of education to persons of any age including, but not limited to, schools, colleges, universities and professional / adult education providers;
“Terry Freedman Ltd”
Terry Freedman Ltd
Phone, fax and voice mail:
+44 (0) 191 645 1046 (fax by arrangement)
Company number: 5145850
VAT Number: 843558505
means Content accessible only upon the creation of an Account and the payment of a Subscription Fee;
means collectively any online facilities, tools, services or information that Terry Freedman Ltd makes available through the Website either now or in the future;
means the sum of money paid by Users at annual intervals to keep their Account active and to enable them to access Paid Content, if such a service is available;
means the period for which a subscription has been purchased and usually refers to one year accordingly;
means any online communications infrastructure that Terry Freedman Ltd makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users”
means any third party that accesses the Website and is not employed by Terry Freedman Ltd and acting in the course of their employment; and
means the website that you are currently using (http://www.ictineducation.org) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. Intellectual Property
Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Terry Freedman Ltd, or our affiliates or our hosting company. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
3. Use of Free Content
You may print, reproduce, copy, distribute, store or in any other fashion re-use Free Content from the Website for personal or educational purposes only, unless otherwise indicated on the Website or unless given express written permission to do so by Terry Freedman Ltd. Specifically you agree that:
3.1 You will not use the Free Content of the Website for commercial purposes unless given express written permission to do so by Terry Freedman Ltd.
3.2 You will not systematically copy Free Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Terry Freedman Ltd.
3.3 You may, as a student of a recognised Learning Establishment, use the Free Content of the Website for educational purposes provided an appropriate reference is given for all Content so applied using a suitable referencing system of your choice or as stipulated by your Learning Establishment.
3.4 Employees of Learning Establishments may use the Free Content of the Website for teaching purposes subject to the following conditions:
3.4.1 no further consent is required for use in not-for-profit Learning Establishments. This may include, but is not limited to, schools that charge no fees for tuition; and
3.4.2 for use in profit-making Learning Establishments, prior written consent is required. This may include, but is not limited to, private schools charging fees, universities and adult education providers.
4. Use of Paid Content
(Please note that this section is included in case a paid subscription service is provided in the future.)
4.1 Payment of a Subscription Fee grants you a licence to use all Paid Content on the Website for the duration of your subscription. You may use such Content in the following ways:
4.1.1 for personal purposes; or
4.1.2 as a student only, for educational purposes
4.2 Commercial use of Paid Content is not permitted under the terms of a normal subscription. Please contact Terry Freedman Ltd for details of Commercial level subscriptions and the accompanying Terms and Conditions.
4.3 Employees of Learning Establishments are not permitted to use Paid Content for teaching purposes under the terms of a normal subscription. Please contact Terry Freedman Ltd for details of Education level subscriptions and the accompanying Terms and Conditions.
4.4 Under such a licence, you agree that:
4.4.1 you will not use the Paid Content of the Website for commercial purposes unless given express written permission to do so by Terry Freedman Ltd;
4.4.2 you will not systematically copy Paid Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Terry Freedman Ltd; and
4.4.3 you may, as a student of a recognised Learning Establishment, use the Paid Content of the Website for educational purposes provided an appropriate reference is given for all Content so applied using a suitable referencing system of your choice or as stipulated by your Learning Establishment.
5. Third Party Intellectual Property
Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Website. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.
6. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Terry Freedman Ltd or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
7. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site http://www.ictineducation.org without prior permission, or to specific articles or pages in the free section of the website. Deep linking (i.e. links to specific pages) within the Paid Content area of the site (if such an are is provided) requires the express permission of Terry Freedman Ltd. To find out more please contact us by email at terry[at]terry-freedman.org.uk or by post (see address details above).
8. Use of Communications Facilities
8.1 When using the forums or similar, eg Commenting facilities, and / or any other System on the Website you should do so in accordance with the following rules:
8.1.1 you must not use obscene or vulgar language;
8.1.2 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;
8.1.3 you must not submit Content that is intended to promote or incite violence;
8.1.4 it is advised that posts on message boards, chat facilities or similar and communications with Terry Freedman Ltd are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
8.1.5 you must not post links to other websites containing any of the above types of Content;
8.1.7 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, or sponsored articles or advertisements;
8.1.8 you must not impersonate other people, particularly employees and representatives of Terry Freedman Ltd or our affiliates; and
8.1.9 you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”;
8.2 You acknowledge that Terry Freedman Ltd reserves the right to monitor any and all communications made to us or using our System.
Please see section 10.2 also
9.1 In order to access any Paid Content on this Website and to use the forums or similar facilities you may be required to create an Account which will contain certain personal details which may vary based upon the type of Account that you choose. By continuing to use this Website you represent and warrant that:
9.1.1 all information you submit is accurate and truthful; and
9.1.2 you will keep this information accurate and up-to-date.
a) Your creation of an Account is further affirmation of your representation and warranty.
9.2 Sharing of accounts is not permitted unless expressly authorised in writing by Terry Freedman Ltd. You are required to keep your Account details confidential and must not reveal your Username and Password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
9.3 When choosing your Username you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.
10.1 We should be delighted to receive submissions for publication on the ICT in Education website or in the newsletter Computers in Classrooms. However, please remember that you are legally responsible for what you write. That means that if I publish your work, you undertake to indemnify Terry Freedman Ltd against any liability arising from any breach of confidentiality, copyright or other intellectual property right resulting from articles or other materials submitted for publication by you. You further undertake to indemnify Terry Freedman Ltd against all damages, losses, claims and costs (including without limitation all expenses incurred in conducting or defending any proceedings) resulting from materials submitted for publication by you. Also, you must not make statements which could be libellous, obscene, seek to incite racial hatred or otherwise break the laws of the UK.
10.2 You agree, by submitting your contribution, including comments, to grant Terry Freedman Ltd a, royalty-free, non-exclusive right to use the material in the Computers in Classrooms newsletter or the ICT in Education website.
10.3 Please note that it is intended to pay for contributions accepted for paid-for services which may be provided in the future. The contract applicable in such cases will contain appropriately modified terms and conditions.
All contributors will be accredited unless they request otherwise, and articles will not be amended without prior consultation with the author, apart from minor grammatical and similar changes.
Terry Freedman owns the copyright and other intellectual property rights in this website, associated websites, and associated newsletters. However, the copyright of the individual contributions to the websites and newsletters remain the property and responsibility of each individual contributor.
(Please note: this section is included in case a paid-for subscription service is provided in the future.)
11.1 Subscription charges commence on the date that you activate your paid subscription. You will be billed on activation and annually thereafter.
11.2 Your first payment will be at the price advertised on the Website. Terry Freedman Ltd reserves the right to change Subscription Fees from time to time and any such changes may affect your subscription rate;
11.2.1 increases in price will be reflected in your subscription on the date of the immediately subsequent renewal; and
11.2.2 decreases in price will be reflected in your subscription on the date of the immediately subsequent renewal.
11.3 If you terminate your subscription or account you will continue to have access to the Paid Content for the remainder of the Subscription Period you are currently in up until the renewal date whereupon access will cease unless you choose to pay the Subscription Fee and reactivate your subscription.
If you have subscribed in error you must inform Terry Freedman Ltd within 24 hours of subscribing and must not use the Website or its Content during that time. If any use can be traced to your Account, no refund will be provided.
12.1 Either Terry Freedman Ltd or you may terminate your account and (where relevant) your subscription. If Terry Freedman Ltd terminates your Account or subscription, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
12.2 If Terry Freedman Ltd terminates your account as a result of your breach of these Terms and Conditions you will not be entitled to any refund.
12.3 If Terry Freedman Ltd terminates your account or subscription for any other reason, you will be refunded any remaining balance of your Subscription Fee. Such a refund will be calculated based upon the fee being divided by the number of days in the applicable Subscription Period and multiplied by the number of days remaining until the end of the Subscription Period.
12.4 If Terry Freedman Ltd terminates your account or subscription, you will cease to have access to Paid Content from the date of termination.
12.5 If you terminate your account or subscription, you will continue to have access to Paid Content for the remainder of your subscription period as per Clause 9.3.
14. Data Collected
Without limitation, any of the following Data may be collected:
14.2 age group;
14.4 job title;
14.6 purchasing power;
14.7 contact information such as email addresses and telephone numbers;
14.8 demographic information such as post code, preferences and interests;
14.9 financial information such as credit / debit card numbers;
14.10 VAT number;
14.11 marketing preference;
14.12 where you heard of us;
14.13 IP address (automatically collected);
14.14 web browser type and version (automatically collected);
14.15 operating system (automatically collected);
14.16 a list of URLS starting with a referring site, your activity on this Website, and the site you exit to (automatically collected); and
14.17 Cookie information (see clause 10 below).
14.18 Other information may be collected through surveys, either through the website or associated newsletters.
15. Our Use of Data
15.1 Any personal Data you submit will be retained by Terry Freedman Ltd for as long as you use the Services and Systems provided on the Website. Data that you may submit through any communications System that we may provide may be retained for a longer period.
15.2 Unless we are obliged or permitted by law to do so, and subject to Clause 4, your Data will not be disclosed to third parties. This includes our affiliates and / or other companies within our group.
15.3 All personal Data submitted to us by email or the website is stored securely in accordance with the principles of the Data Protection Act 1998.
Terry Freedman Ltd is a registered data controller under the UK’s Data Protection legislation: registration number Z8894247 http://www.esd.informationcommissioner.gov.uk. For more details on security, see clause 9 below. (For your information, we use a 3rd party provider for our subscription services; please see 'Third Party Websites and Services' below.)
15.4 Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:
15.4.1 internal record keeping;
15.4.2 improvement of our products / services;
15.4.3 transmission by email of promotional materials that may be of interest to you;
15.4.4 contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customise or update the Website.
15.4.5 If you have recently submitted your details to Terry Freedman Ltd through one of the avenues mentioned above, or simply through email, and would like to be removed from the list, please send an email to firstname.lastname@example.org. We will remove you from the list and send you an email confirming that we have done so. This does not include your subscriptions to the electronic newsletter or other such services. To unsubscribe from those, please see the instructions in the newsletter or appropriate web page itself.
16. Third Party Websites and Services
Terry Freedman Ltd may, from time to time, employ the services of other parties for dealing with matters that may include, but are not limited to, payment handling, delivery of purchased items, search engine facilities, advertising and marketing. The providers of such services would not normally have access to certain personal Data provided by Users of this Website. Any Data used by such parties would be used only to the extent required by them to perform the services that Terry Freedman Ltd requests. Any use for other purposes is strictly prohibited. Furthermore, any Data that is processed by third parties must be processed within the terms of this Policy and in accordance with the Data Protection Act 1998.Please note that the data for the Computers in Classrooms newsletter is now handled by Your Mailing List Provider (http://www.ymlp.com). Their privacy and security policy may be viewed here: http://www.yourmailinglistprovider.com/privacy_policy.html. Our book sales are currently handled by Lulu, e-Junkie and Amazon. Please visit those sites to see their privacy policies and terms and conditions.
17. Changes of Business Ownership and Control
17.1 Terry Freedman Ltd may, from time to time, expand or reduce its business and this may involve the sale of certain divisions or the transfer of control of certain divisions to other parties. Data provided by Users will, where it is relevant to any division so transferred, be transferred along with that division and the new owner or newly controlling party will, under the terms of this Policy, be permitted to use the Data for the purposes for which it was supplied by you.
17.2 In the event that any Data submitted by Users will be transferred in such a manner, you will be contacted in advance and informed of the changes. When contacted you will not be given the choice to have your Data deleted or withheld from the new owner or controller.
18. Controlling Access to your Data
18.1 You may request us to restrict our use of the Data you provide, eg for Computers in Classrooms or surveys. This may include the following:
18.1.1 use of Data for direct marketing purposes; and
18.1.2 sharing Data with third parties.
However, please be assured that our policy is to not share personal data with third parties. Even our on-site surveys will usually include a question asking if it is OK to quote you.
19. Your Right to Withhold Information
19.1 You may access most areas of the Website without providing any Data at all. However, to use all Services and Systems available on the Website you may be required to submit Account information or other Data.
20. Accessing your own Data
20.1 You may access your Account at any time to view or amend the Data. You may need to modify or update your Data if your circumstances change. Additional Data as to your marketing preferences may also be stored and you may change this at any time.
20.2 You have the right to ask for a copy of your personal Data on payment of a small fee.
21.1 Data security is of great importance to Terry Freedman Ltd and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected online.
21.2 Specifically, the membership data for the website is held by Squarespace, and that for the newsletter is held by Your Mailing List Provider. We occasionally download membership data for backup or mailing purposes, and this is held in a passworded file; details of any payment made via the internet are not held by ourselves, but by 3rd parties; details of payments made to us by post are not stored on the internet.
22.1 Terry Freedman Ltd may set and access Cookies on your computer. Cookies that may be placed on your computer are detailed in Schedule 1 to this Policy.
22.2 A Cookie is a small file that resides on your computer’s hard drive and often contains an anonymous unique identifier and is accessible only by the website that placed it there, not any other sites.
22.3 You may delete Cookies, however you may loose any information that enables you to access the Website more quickly.
22.4 You can choose to enable or disable Cookies in your web browser. By default, your browser will accept Cookies, however this can be altered. For further details please consult the help menu in your browser. Disabling Cookies may prevent you from using the full range of Services available on the Website.
22.5 For information about managing or deleting cookies in various browsers, please go to http://www.aboutcookies.org/.
23. Changes to this Policy
24.1 Terry Freedman Ltd makes no warranty or representation that the Website and its associated newsletters and articles will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
24.2 Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, Terry Freedman Ltd makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
24.3 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind. For advice specific to your circumstances you should seek the services of an advisor or consultant. (Please contact Terry Freedman Ltd for information about the consultancy service we can provide.)
24.4 The information on this Website is not designed with commercial purposes in mind. Terry Freedman Ltd makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
24.5 Whilst every effort has been made to ensure that all descriptions of services available from Terry Freedman Ltd correspond to the actual services available, Terry Freedman Ltd is not responsible for any variations from these descriptions.
25. Availability of the Website
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Terry Freedman Ltd accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
26. Limitation of Liability
26.1 Terry Freedman Ltd's liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising out of our breach of these Terms and Conditions shall be limited to the value of a User’s current subscription. For all other direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein, to the maximum extent permitted by law, Terry Freedman Ltd accepts no liability. Users should be aware that they use the Website and its Content at their own risk.
26.2 Nothing in these terms and conditions excludes or restricts Terry Freedman Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of Terry Freedman Ltd.
26.3 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
27. Purchasing from Terry Freedman Ltd
27.1 When you place an order to purchase a product directly from Terry Freedman Ltd, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we've dispatched that product to you, or which contains the information you require in order to access the product or service you have purchased.
27.2 At the moment, we do not sell anything from the website directly from ourselves; our online payments are handled by 3rd parties, such as PayPal, e-Junkie, Lulu or SWREG. You will therefore be taken to the 3rd party’s website in order to complete the transaction. Please see the appropriate website for details of the steps required to conclude the transaction, and how it treats your data. Please note that when purchases are made, except in the case of Lulu, we receive the purchaser's details via email, to which access is password-protected.
27.3 It should be noted that some services, such as SWREG gives all prices in US dollars, and that the exchange rate used by SWREG may not always be exactly the same as the current one. Similarly, because the exchange rate fluctuates, the actual exchange rate may sometimes differ from the one used on our website. For these reasons, the British pound price quoted for a product may be different from the one actually charged by SWREG, and the US dollar price quoted may be different from the one actually charged by PayPal. In all transactions, you will be able to see the actual price before you pay, and will be able to abort the process if you do not wish to purchase at that time.
27.4 We handle offline payments ourselves, if you send us your purchase order and payment direct.
27.5 Postage and packing rates are published on the relevant website as required, so you will be able to know these in advance of placing your order. If you place an order online for a physical product, the delivery charges should be itemised in the purchase order generated.
27.6 Delivery of digital goods and subscriptions is usually instant on completion of the payment process.
Purchase of digital products via cheques and orders sent directly to us
- As soon as we receive the order we will confirm that by email.
- If the order form is accompanied by an official school, local authority or company purchase order, we will email confirmation of receipt followed very quickly by an email containing details necessary to access the product(s) you have ordered, and dispatch an invoice to you within 30 days.
- As soon as the funds have been cleared, we will email details of how to access your purchase.
Please note the following:
- Please see below for details of our refund policy, because we are unable to offer refunds for digital products or subscriptions once they have been delivered.
Purchase of physical products
(This section does not apply to the CD backups offered through SWREG.)
1. We will adopt the same approach as described in the foregoing section, with the obvious difference that the product(s) will be posted to you as appropriate. We will send you an email informing you that we have done so.
2. Please allow up to 28 days for delivery from the date we send you a receipt confirmation email.
Please see below for details of our refund policy
28. Pricing, availability and substitutes
28.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Terry Freedman Ltd correspond to the actual Goods, Terry Freedman Ltd is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods.
28.2 If the product you ordered is not available, we will advise you accordingly. We will contact you to enquire whether you would like us to refund your money, wait until the goods are in stock or send you a substitute. We will not send you a substitute product unless you specifically order it.
28.3 All pricing information on the Website is correct at the time of going online. Terry Freedman Ltd reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
29. Local taxes and customs
29.1 Please note that if you ordering products from outside the UK you may be subject to local taxes and customs in addition to the purchase price and postage levied by Terry Freedman Ltd.
29.2 SWREG and e-Junkie automatically levy the appropriate rate of VAT (if applicable) according to the country in which the delivery address is located.
29.3 VAT is not currently charged on printed books or booklets.
29.4 See the beginning of these terms and conditions for our VAT number.
30. Completed contracts
30.1 We keep details of completed contracts.
30.2 All of our contracts must be completed in the English language.
30.3 If you mislay the details of your contract, we can email you the details. In the case of a lost password etc, there are automated processes online to deal with such matters. You may also email us for assistance in such circumstances.
31. Returns policy
31.1 At Terry Freedman Ltd we want you to be delighted every time you shop with us. Occasionally though, we realize that you may wish to return items. Please note that this returns policy applies only to physical products purchased from ourselves; see below for digital items.
31.2 If the Purchaser receives Goods which do not match those ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, the Purchaser should contact us within 10 days to arrange collection and return. Terry Freedman Ltd is not responsible for paying shipment costs. The Purchaser will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used when the Goods were purchased. Refunds and replacements will be issued upon our receipt of the returned Goods.
31.3 If any Goods purchased have faults when they are delivered, the Purchaser should contact Terry Freedman Ltd within 28 days to arrange collection and return. Terry Freedman Ltd is not responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.
31.4 If any Goods develop faults within their warranty period, the Purchaser is entitled to a repair or replacement under the terms of that warranty.
31.5 If Goods are damaged in transit and the damage is apparent on delivery, the Purchaser should sign the delivery note to the effect that the goods have been damaged. In any event, such damage should be reported to Terry Freedman Ltd within 10 days and arrange collection and return. Terry Freedman Ltd is not responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.
31.6 If the Goods have been dispatched or have reached you, but the Purchaser decides that they are no longer required, the Goods can be returned to Terry Freedman Ltd within 10 days of receipt. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of Terry Freedman Ltd. The Purchaser is responsible for paying shipment costs if Goods are returned for this reason.
31.7 If the Purchaser wishes to return Goods to Terry Freedman Ltd for any of the above reasons, please contact us using the details on http://www.ictineducation.org/contact-us/ to make the appropriate arrangements.
31.8 Terry Freedman Ltd reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
31.9 Any use or enjoyment that you may have already had out of the Goods;
31.10 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
31.11 The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;
31.12 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
31.13 Such discretion to be exercised only within the confines of the law.
31.14 By law, customers in the European Union also have the right to withdraw from (ie cancel) the purchase of an item within seven working days of the day after the date the item is delivered. Please note that this returns policy applies only to physical products; see below for digital items.
31.15 Please note that our refund policy applies to all of our products except for digital items (eg: e-books or a website subscription) where the item has been downloaded. In such cases, a refund will be made only if there has been an error on our part or if the product is technically defective (eg it will not open).
31.16 If you have paid for a subscription, you may cancel your subscription at any time. If you do so, you will continue to enjoy access to the appropriate areas of the website and emailed communications right up to the date and time at which the renewal payment would have occurred. Renewal payment will not be taken when the subscription period ends, but we will not refund payment for the time remaining on the current subscription period.
31.17 If you order any digital service, you may cancel up to seven days after the day the order was made, or after written confirmation is received. Please note that if you purchase the product over the internet, you will receive confirmation by email virtually immediately. Therefore there will be, in effect, no cooling-off period. In the case of physical products purchased directly from us, the cooling-off period ends seven working days after the day the goods are received.
31.18 If you need to return an item it will be at your own expense, unless you were sent the wrong product due to an error on our part.
31.19 If you order an item which is not in stock, we will contact you to enquire whether you would like us to refund your money, wait until the goods are in stock or send you a substitute.
32. Prices quoted
32.1 The prices quoted on the website remain valid until they are changed, or sometimes until a specific date in the case of a special offer.
32.2 If you purchase a product and the price is changed before the transaction has been completed, the price charged will be the one that prevailed at the start of the purchasing process, up to a time limit of 30 days.
33. Cancellation rights
33.1 Please see points 2, 3, 4 and 5 under “Refund policy”, above.
33.2 Please note that you must inform us in writing – by letter, fax or email – of your decision to cancel.
33.3 If you wish to return an item it will be at your own expense, unless you were sent the wrong product due to an error on our part.
33.4 Please note that there is no right to cancel once access to a digital product, such as a subscription, has started, or where the service has begun, by agreement, before the end of the cooling-off period.
34. Cooling-off period
34.1 Please see points 2, 3, 4 and 5 under “Refund policy”, and “Cancellation rights” above.
35. Guarantees and after-sales service
35.1 Should you purchase a subscription or digital product which has a technical fault, we will replace it or resolve, or help you resolve, the issue until you are able to enjoy the product you purchased.
35.2 In the case of subscriptions, if the fault is ours (rather than yours) and results in your not having access to the service for a prolonged period of time, we may extend the period of the subscription free of charge at our discretion.
35.3 Please note that from time to time the service may be unavailable due to technical reasons, as is the nature of services provided over the internet. We cannot guarantee 100% availability because we ourselves are dependent on other services, and cannot therefore undertake to compensate subscribers for every occasion that the service is not available. We will, however, attempt to minimise such inconvenience. If there is a prolonged period of inaccessibility, we may extend the subscription period free of charge at our discretion.
36.1 Any and all invoices are due for payment on the date shown on the invoice, unless alternative arrangements have been agreed between the Purchaser and Terry Freedman Ltd.
36.2 Interest will be charged on a daily basis, commercial interest at 8% above the base rate of the Bank of England obtaining at the time. (The rate that applies is the rate in force at the end of the day on which the payment was due.)
37. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
38. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to terry[at]terry-freedman.org.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
40. Law and Jurisdiction
These terms and conditions and the relationship between you and Terry Freedman Ltd shall be governed by and construed in accordance with the Law of England and Wales and Terry Freedman Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales. Please note that although the content of our websites and other publications may be relevant for countries outside the UK, it is primarily aimed at UK users. The company was incorporated in England, UK, and is therefore subject to UK law.
41. Advertising and sponsorship
Please note that advertisers and sponsors must comply with legislation, both in their own country and any country which the advert reaches. They must also comply with each country's self regulatory system relating to advertising, which works alongside the formal legislation. By submitting an advertisement or other form of sponsorship you agree to these conditions, and that you undertake to indemnify Terry Freedman Ltd against any liability arising from any breach of confidentiality, copyright or other intellectual property right resulting from articles or other materials submitted for publication by you. You further undertake to indemnify Terry Freedman Ltd against all damages, losses, claims and costs (including without limitation all expenses incurred in conducting or defending any proceedings) resulting from materials submitted for publication by you.
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