This agreement applies between you the User of the Web Site, and Waverley Media Ltd, and its wholly owned subsidiary Markiteer Ltd, together the owners of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should not purchase a subscription to the Digital Academy, and if you have already purchased a subscription, you should stop using the Web Site immediately.
Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
The term 'you' refers to the user or viewer of our website.
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 Web Site;
Means Waverley Media Ltd and its wholly owned subsidiary Markiteer Ltd, of Waverley Farm, Waverley Lane, Farnham, GU9 8EP
Means all support and services provided via http://timsminions.com including any free hosting provided
Means collectively any online (paid or otherwise) facilities, tools, services or information that The Company makes available through the Web Site either now or in the future;
Means any online communications infrastructure that The Company makes available through the Web Site either now or in the future. This includes, but is not limited to, downloadable PDF or MP3, video, web-based email, message boards, webinars, live chat facilities and email links;
Means any third party that accesses the Web Site and is not employed by The Company and acting in the course of their employment; and
Means areas of the website reserved for those who have entered into a subscription for The Digital Academy and which contains downloadable content and any future additional services.
Means the contract you have entered into with The Company to pay a monthly subscription to The Digital Academy of £36.95 per month.
Your Subscription to The Digital Academy and www.timsminions.com
Your subscription will be processed from the debit or credit card details which you gave us when you purchased a subscription to The Digital Academy. The subscription is processed automatically every 30 days. For clarity, this means that if you purchased your subscription on the 1st day of a 31-day calendar month, your 2nd payment will be processed on the 31st of the month.
30 Day Money-Back Guarantee
Your subscription to The Digital Academy has been sold to you with a 30 Day Money-Back Guarantee. Specifically, this means that you may try out and use The Digital Academy, including the Cash Curator Micro-System, via the Member’s Area of the Web Site, for a full 30 days after purchasing your subscription, and that if you decide within the 30 day period that you no longer wish to continue with your subscription you may cancel according to the terms shown below. You will receive a refund of the initial £36.95 you have paid, and no further subscription payments will be taken.
If you wish to take advantage of the guarantee, you may do so by sending an email to us at: firstname.lastname@example.org or by printing off the cancellation form and posting or faxing it to us.
Cancellations must be received during normal business hours, which are Monday-Friday, 9am to 5pm excluding UK Bank Holidays, within the 30 day cancellation period. If your 2nd subscription payment is due to be taken on a weekend or bank holiday, your cancellation email must reach us during working hours on the working day before your next subscription payment is due to be processed.
If we refund your subscription you will lose the benefit of the free hosting provided with The Digital Academy and you will also lose access to the Member’s Area. You may continue to use the Cash Curator Micro-System, however you need to re-create the template provided, and make your own hosting arrangements. Any charges incurred by you if you transfer the hosting of your domain name to another service provider are your own responsibility.
Nothing in this guarantee affects your rights under the Consumer Contracts Regulations, which states that you have 14 days from the date of purchase in which to cancel your purchase of The Digital Academy and receive a refund.
Refunds are only available under the Consumer Contracts Regulations for 14 days and for a further 16 days afterwards under the 30 Day Money-Back Guarantee. No other refunds are available for any reason whatsoever.
Refunds will be processed within 14 days of your application.
Your Right to Cancel ongoing Subscription Payments
You may cancel your subscription at any point by sending an email to us at: email@example.com or by printing off the cancellation form and posting or faxing it to us.
To enable us to correctly identify your account, your email should contain the name under which you purchased The Digital Academy, your Member’s Area User Name, and your postcode.
Cancellation emails must be received during normal business hours, which are Monday-Friday, 9am to 5pm excluding UK Bank Holidays.
Due to the 30-day payment cycle, you may find that your next subscription payment is due to be processed on a Saturday, Sunday, or Bank Holiday. If you wish to cancel your subscription before this payment is processed, and in order to ensure that the payment is not processed, you must ensure that your email is sent before 5pm on the preceding working day, otherwise that payment will be taken automatically and will not be eligible to be refunded.
Cancellations received outside normal business hours will not be processed until the following working day. For clarity, if a subscription payment has been processed in the meantime, unless this is due to our error, it will not be eligible for a refund.
Unless specified by The Company, all Content included on the Web Site, 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 The Company, or our affiliates. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
Unless given permission by The Company you may not print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Web Site in any other capacity other than for personal use for the purpose of running your Digital Academy Business unless otherwise indicated on the Web Site or unless given express written permission to do so by The Company. Specifically you agree that: you will not use distribute the content of the Web Site in any form whether verbal, electronic printed or other form to any third party; and you will not systematically copy Content from the Web Site 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 a representative of The Company.
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 these Terms and Conditions to use Content from the Web Site. Any such Content will be accompanied wherever possible by a notice providing the contact details of The Company and any separate use policy that may be relevant.
You may under no circumstances redistribute in any form whatsoever video, PDF or MP3 or any other content to any third party.
Fair Use of Intellectual Property
Material from the Web Site (except information, Videos, PDF or MP3 files or any other material supplied as part of your subscription) may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of The Company. We assume no responsibility for the content of such web sites 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 Web Site does not imply any endorsement of the sites themselves or of those in control of them.
Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.tims-offer.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of The Company. To find out more please contact us by email at firstname.lastname@example.org or by post.
Use of Communications Facilities and Content Submission
When using interactive content and / or any other part of the System and when submitting comments, answers or rating to the Web Site you should do so in accordance with the following rules:
· 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 not submit Content that is intended to promote or incite violence;
· it is advised that posts on message boards, chat facilities or similar and communications are made using the English language(s) as we will be unable to respond to enquiries submitted in any other languages; content submissions are required to be made using the English language(s). Content in any other language may be removed at our sole discretion;
· you must not post links to other web sites containing any of the above types of Content;
· 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 must not impersonate other people, particularly employees and representatives of The Company or our affiliates
· you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and
· you must not use our System for unauthorised mass-communication such as "spam" or "junk mail".
You acknowledge that The Company reserves the right to monitor any and all communications made to us or using our System, which then may be subject to moderator approval and potentially removed without notice.
In order to use the Forums/Chat and any other communication facility that may be added in the future or to submit Content, you are required to submit certain personal details. By continuing to use this Web Site you represent and warrant that:
· any information you submit is accurate and truthful; and
· you will keep this information accurate and up-to-date.
By submitting Content you warrant and represent that you are the author of such Content or that you have acquired all of the appropriate rights and / or permissions to use the Content in this fashion. Further, you waive all moral rights in the Content to be named as its author and grant The Company a licence to modify the Content as necessary for its inclusion on the Web Site. The Company accepts no responsibility or liability for any infringement of third party rights by such Content.
Unless a User informs The Company otherwise, in advance of posting, in writing, and The Company agrees to any terms or restrictions, all Content submitted is for publication on the Website and other such uses as The Company may deem appropriate under a royalty-free, perpetual basis.
The Company will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Content, nor for any errors or omissions in the Content. Use of and reliance upon such Content is entirely at your own risk.
Content submitted by Users may not be screened by The Company prior to appearing online. We retain the right to exercise our sole discretion to remove or relocate any Content as we deem appropriate without the consent of the author. We shall be under no obligation to exercise such discretion. If you wish to enquire as to the removal of Content, please submit your query to email@example.com. This does not constitute an undertaking to explain our actions.
This Website is not for use by children and is not directed to children. This Website is solely for use and access by individuals who are eighteen (18) years or older.
Termination and Suspension
In the event that any of the provisions of the Terms and Conditions above, are not followed, The Company reserves the right to suspend or terminate your access to the Service. Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User. Any instance of termination or suspension will also apply to any downloadable content provided in the Member’s Area.
Third Party Products and Services
In the circumstances where you may be able to order services, merchandise or other products through our Website from other parties (collectively, the "Third Party Sellers"). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
The Company makes no warranty or representation that the Web Site 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, that it will be secure and that all information provided will be accurate.
No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
The Company 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.
Whilst every effort has been made to ensure that all descriptions of services available from The Digital Academy programme correspond to the actual services available, The Company is not responsible for any variations from these descriptions.
Availability of the Web Site
The Member’s Area and all access to any forums, chat or any interactive content 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.
The Company accepts no liability for any disruption or non-availability of the Web Site 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.
Your Password and User Account
If you are a Member or Subscriber of this Website, you are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorised use of your user account or any other breach of security known to you.
Limitation of Liability
To the maximum extent permitted by law, The Company accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site, Member’s Area and its Content (Including forum, chat and other interactive services) entirely at their own risk.
Nothing in these terms and conditions excludes or restricts The Company’s liability for death or personal injury resulting from any negligence or fraud on the part of The Company.
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.
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.
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 initially given to us by email to firstname.lastname@example.org. Such notice will be deemed received on 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. Subsequent communication will indicate whether notification by post to our premises is also required.
Law and Jurisdiction
These terms and conditions and the relationship between you and The Company shall be governed by and construed in accordance with the Laws of England and Wales and The Company and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
To: Waverley Media Ltd, Waverley Farm, Waverley Lane, Farnham, GU9 8EP
Tel: 01252 784390
Fax: 01252 781130
I wish to cancel as per the following (please indicate 1 or 2): .......
1. I have decided not to continue with The Digital Academy, and wish to cancel my subscription and receive a refund under the 30-day Money-Back Guarantee . I confirm that I placed my order for The Digital Academy not more than 30 days ago.
2. I wish to cancel my subscription to The Digital Academy. I understand that I am not entitled to a refund because I have purchased The Digital Academy more than 30 days ago.
I understand that, by cancelling my subscription, I will no longer be able to use the template for the Cash Curator Micro-System that is installed on your servers, and that I will lose access to the free hosting for my Cash Curator Micro-System or any related product as well as losing access to the member’s area of www.timsminions.com. I confirm that I understand that, should I wish to continue using the Cash Curator Micro-System, I will need to create my own template and arrange my own hosting and that I am responsible for any charges which I may incur if I change my service provider.
I ordered The Digital Academy on (date): .................
Member’s Area User Name: .......................................................................................................
Signature (if this form is to be posted or faxed: .........................................................................