This Website is owned and operated by The Lifelong Workshops Limited (“the Company”) a company incorporated in England and Wales (Company Registration Number: 09010481), whose registered office is situated at Fallon House, 1st Floor, 20 Stonebridge Avenue, Hull, HU9 5AY. The Company can be contacted by e-mail at firstname.lastname@example.org.
1.1 In these Terms & Conditions the following words will have the following meanings:
Means all artwork, text, scripts, information, documents, graphics, digital files, photographs, mobile content, sounds, music, audios, or audio-visual files, pictures, videos, and interactive features contained on this Website;
Mean the downloading of the Goods to the Customer’s computer equipment or device;
Mean the E-Books written by Daniel Fallon that are listed on this Website as available for purchase;
1.1.4 “Intellectual Property Rights”
Means any copyright or related rights, including, but not limited to, rights in images, text, and any other rights attributable to materials owned by the Company available or displayed on this Website, patents, unregistered and registered trade marks, registered designs (including the right to register any such rights) and database rights;
Means payment for Goods purchased on this Website;
Means a User that has purchased Goods available on this Website;
Means a user accessing this Website via a computer or mobile device. The User’s access to this Website will be limited to the Content. In order for the User to purchase Goods from this Website, the User will have to register on this Website to become a Customer. The User may also represent a local organisation or community, in which case the User takes full responsibility for that representation; and
1.2 In these Terms & Conditions, the following rules apply:
1.2.1 A ‘person’ includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
1.2.2 A reference to a Party includes its personal representatives, successors or permitted assigns;
1.2.3 Any phrase introduced by the terms ‘including’, ‘include’, ‘in particular’ or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
1.2.4 A reference to ‘writing’ or ‘written’ includes faxes and e-mails
2 Your Acceptance
2.1 These Terms & Conditions are the legally binding terms and conditions on the User accessing the Website and the Customer purchasing Goods on this Website. The User accessing or the Customer accessing or using this Website will be bound by the following:
2.1.1 The Terms & Conditions found at www.thelifelongworkshops.com; and
2.3 Subject to Clause 2.2, no contract will subsist between the Customer and the Company for the purchase by the Customer of any Goods on this Website unless the Company accepts the Customer’s order by way of a confirmation e-mail. Such acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to the Customer at the point when the Company sends the e-mail to the Customer (whether or not the Customer receives that e-mail).
2.5 The Customer must be over the age of 16 and the Customer affirms that they are over 16 years of age (or the legal age to accept these Terms & Conditions in the jurisdiction in which the Customer accesses and/or uses this Website). Any User under the age of 16 (or the legal age to accept these Terms & Conditions in the jurisdiction from which the User accesses the Website) that wishes to purchase Goods available on this Website must have permission from a parent or legal guardian to be able to fully and competently enter into the conditions, obligations, affirmations and warranties set out in these Terms & Conditions. Any User under the age of 16 will not be permitted to purchase Goods available on this Website without permission from a parent or legal guardian.
2.6 Parents or legal guardians may review the personal information of their children or refuse further collection of any such information by sending an e-mail to email@example.com.
2.7 Users must at all times be honest about their age when requesting to purchase Goods available on this Website.
2.8 Only Users and Customers that are permitted under the laws of the jurisdiction in which they access and/or use this Website shall be permitted to accept these Terms & Conditions and continue using this Website.
3 Access To & Use Of This Website
3.1 These Terms & Conditions apply to Users accessing this Website and Customers wishing to purchase Goods provided on this Website from time to time. If access to or use of this Website is as a result of an agreement between a third party and the Company, then to the extent that these Terms & Conditions conflict with the terms and conditions of such an agreement, the Terms & Conditions of this Website shall prevail. If the Customer does not agree with the applicable Terms & Conditions then the Customer is not authorised to use this Website.
3.2 The Company provides a range of services and Goods on this Website. The Company may provide a range of other goods and services, details of which can be found on this Website from time to time.
3.3 By accessing the Content or using this Website to purchase Goods, the User and the Customer agree that the Company will not be liable for any loss or damage of any nature whatsoever and howsoever arising out of or in connection with the viewing of this Website or Content, use of or performance of this Website or Content, or the purchasing of Goods on this Website, whether due to inaccuracy, error, omission or any other cause.
3.4 In addition to the Terms & Conditions of this Website, the following restrictions and conditions apply directly to the User or Customer viewing this Website or Content, using this Website or Content, or purchasing Goods on this Website respectively:
- 3.4.1 The Company owns all Content on this Website including the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like;
- 3.4.2 The Company grants the User and the Customer consent to electronically copy portions of this Website for the sole purpose of placing an order to purchase the Goods or to use this Website as a resource for shopping. Any other use of Content on this Website including downloading, copying, distributing, transmitting, reproducing, broadcasting, displaying, selling, licensing, or otherwise exploiting Content or Goods on this Website, without the prior written consent of the Company is strictly prohibited.
4 General Access To & Use Of This Website – Permissions & Restrictions
4.1 The Company grants the User and the Customer permission to access and/or use this Website provided that:
- 4.1.1 The User acts responsibly when accessing this Website;
- 4.1.2 The Customer acts responsibly in accessing or using this Website;
- 4.1.3 The User or Customer does not alter or modify any part of this Website, including any related technologies;
- 4.1.4 The User or Customer does not access Content through any unauthorised means or technology;
- 4.1.5 The framing of this Website is permitted only with the express consent of the Company, and the Company shall at its sole discretion stipulate how the framing will be displayed or made available on any third party site. The Company may withhold consent for any reason whatsoever and it shall not be a waiver of the Company’s rights if it fails to monitor or control each instance of framing. No framing by a third party shall imply the endorsement or sponsorship of the Company;
- 4.1.6 The Customer must not impersonate another person’s identity or misrepresent the Customer’s own identity or affiliation including using another’s personal details, password, user name, e-mail or other such information held as part of the Customer’s purchase of Goods available on this Website;
- 4.1.7 The User or the Customer may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the Content (or authorise others to) for commercial purposes or otherwise, unless authorised by the Company to do so; and
- 4.1.8 The Customer may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the Goods (or authorise others to) for commercial purposes or otherwise, unless authorised by the Company to do so.
- 4.1.9 For the avoidance of doubt, commercial purposes do not include any use that the Company expressly authorises in writing or purposes authorised by law.
5.1 All purchases of the Goods made via this Website are subject to these Terms & Conditions.
5.2 The Customer must accept and agree to these Terms & Conditions before making any purchase from this Website.
5.3 All prices of the Goods are displayed in GBP.
5.4 Payment for the Goods you purchase will be accepted via Paypal. Paypal accepts payment using the following cards: VISA, VISA ELECTRON, SWITCH, MEASTRO, SOLO, MASTERCARD and AMERICAN EXPRESS. Paypal also accepts payment by direct debit. The Company does not at any material times have access to the Customer’s card payment details.
5.5 Prices and availability information are subject to change without notice.
6 Cooling Off Period
6.1 The Customer is entitled to exercise the Customer’s statutory rights which allow the Customer to cancel their order for the Goods within 14 days of making payment (also known as the “cooling off period”) if the Customer is unhappy with the Goods ad requests a refund, provided that the Goods have not been Downloaded. Refunds under this clause shall only be administered if the Customer has not Downloaded the Goods.
6.2 For the avoidance of doubt, the cooling off period in Clause 6.1 does not apply to Downloads once the Goods have been Downloaded.
7 Company’s Obligations
7.1 The Company is responsible for supplying the Goods to the Customer with care and professionalism.
7.2 Any changes to these Terms & Conditions shall be communicated to the Customer in accordance with Clause 2.4 above.
7.3 The Company shall endeavour to establish and maintain reasonable safeguards against the destruction, loss or unauthorised alteration of this Website and shall institute security procedures to restrict unauthorised access to and/or use of this Website, data and data files, including any back up materials.
8 Website Content & Functionality Warranties
8.1 The Company shall not be under any duty to place information on this Website, nor to update or correct any such information. The Company may in its absolute discretion edit, amend or remove any information placed on this Website at any time and without notice, and for the avoidance of doubt, this shall include the Goods and Content.
8.2 The Company does not warrant or offer any assurances that this Website is compatible with the User’s or the Customer’s computer equipment or the network through which the User or Customer accesses this Website.
8.3 Whilst the Company shall endeavour to ensure that this Website is functioning at all material times, the Company does not warrant that this Website will be fully functional at all times. The Company reserves the right to suspend, restrict, or terminate this Website service without offering a reason.
8.4 Whilst the Company intends to display accurate information on this Website, the Company neither makes nor gives any representations or warranties, express or implied, about this Website or any material, information or hypertext links on this Website, including, but not limited to, accuracy, completeness, legality, suitability for purpose, functionality, reliability, availability, speed of access or timeliness.
9 Links To Third Party Websites
9.1 This Website may provide links to other third party websites on the Internet. These sites may contain information or materials that some people may find inappropriate, offensive or irrelevant. These other websites are not under the control of the Company, and by continuing to access this Website the User and the Customer acknowledge and agree that the Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such third party websites or their privacy policies. The inclusion of such links does not imply endorsement of such websites by the Company or any association with their operators.
9.2 By accessing or using a third party website, the User and the Customer expressly relieve the Company of any and all liabilities arising out of or in connection with such access or use.
9.3 The User and the Customer acknowledge and agree that the Company is not responsible for the availability of any third party websites. Furthermore, the Company does not endorse any advertising, products or other materials available from any third party websites.
9.4 The User and the Customer acknowledge and agree that the Company is not liable for any loss or damage which may be incurred by the User or the Customer as a result of the access to and/or use of any third party websites, the unavailability of any third party websites, or as a result of any reliance placed by Users or Customers on the completeness or accuracy of any advertising, products or other materials available from any third party websites.
10 Website Availability
10.1 The Company will endeavour to have this Website running efficiently and accessible at all times.
10.2 The Company will not be responsible for any unscheduled downtime which may occur as a result of its servers experiencing technical problems, or the need to carry out emergency maintenance work.
10.3 Neither the Company nor any other party has control over the Internet which is a global decentralised network of computer systems. Interruptions to this Website’s availability may occur due to causes beyond the control of the Company, such as system malfunction or failures of third party services. In these circumstances, the Company will use its reasonable endeavours to restore this Website as soon as reasonably practicable.
11 Intellectual Property Rights & Licence
11.1 This Website, and all Intellectual Property Rights contained on this Website, including the Intellectual Property Rights arising out of or in connection with the Goods, are the property of the Company save in respect of any intellectual property rights belonging to any licensor, advertisers, partners, investors or sponsors.
11.2 In consideration of the Payment, the Company grants to the Customer a non-exclusive licence and right to access and/or use the E-Books and the Intellectual Property Rights arising out of or in connection with the E-Books.
11.3 The Customer agrees that the Company reserves all rights not specifically granted under these Terms & Conditions.
12 Cancellation & Termination
12.1 Where the User or Customer ceases to access this Website the User or Customer will not be required to notify the Company.
12.3 The Company may terminate its legal agreement with the User or the Customer immediately if:
- 12.3.2 The Company is required to do so by law;
- 12.3.3 The Company elects to terminate access to this Website to Users or Customers situated in the country in which the User or the Customer is resident or from which the User or the Customer may wish to access this Website;
- 12.3.4 The User or the Customer is found to be manipulating this Website by carrying out, including but not limited to, hacking, using Trojan programmes, or attempting to launch automated systems, spiders or offline readers;
- 12.3.5 The User or the Customer attempts to harvest personal information located on this Website.
12.4 Upon termination, all of the legal rights, obligations and liabilities to which the User or the Customer and the Company have been subject which are expressed to continue indefinitely, shall be unaffected by termination. Furthermore, the provisions of Clauses 13, 14, 15 and 16 shall continue to apply to such rights, obligations and liabilities indefinitely and reported to the local law enforcement agencies, if necessary.
13 Limitation Of Liability
13.1 If sections of this Website contain information submitted to the Company by third parties, the Company shall not be held liable for any errors, omissions or inaccuracy in such material or submissions and reserves the right at its absolute discretion to omit, suspend or change any material or information submitted without giving notice.
13.2 Under no circumstances shall the Company, its officers, directors, employees, or agents be liable to the User or the Customer in the event that any Content and/or Goods on this Website is held to infringe any third party’s Intellectual Property Rights.
13.3 Nothing in these Terms & Conditions shall exclude or in any way limit the Company’s liability for fraud, death or personal injury caused directly by the Company’s negligence, or any other liability to the extent such liability may not be excluded or limited as a matter of law. Subject to this:
- 13.3.1 The Company’s maximum aggregate liability under or in connection with these Terms & Conditions, whether in contract, tort or otherwise, will in no circumstances exceed the Payment for the Goods purchased by the Customer under these Terms & Conditions;
- 13.3.2 The Company will not be liable to the User or the Customer under these Terms & Conditions for any loss of actual or anticipated income or profits, loss of contracts or for any special, indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort, breach of contract or otherwise, whether or not such loss or damage is foreseeable, foreseen or known. Under no circumstances will the Company, its officers, directors, employees, or agents be liable for any damages, including, without limitation, direct, indirect or consequential loss or damage of any kind howsoever caused and whether arising under contract, tort or property damage to the fullest extent permitted by law.
- 13.3.3 Under no circumstances shall the Company, its officers, directors, employees, or agents be liable to the User or the Customer for any bugs, Trojan programmes, viruses, or the like which may be transmitted to or through this Website by any third party.
14 Website Disclaimer
14.1 THE COMPANY MAKES NO REPRESENTATIONS THAT CONTENT AND/OR GOODS ON THIS WEBSITE IS APPROPRIATE IN LOCATIONS OUTSIDE THE UNITED KINGDOM, AND ACCESSING THE CONTENT AND/OR GOODS FROM TERRITORIES WHERE THE CONTENT AND/OR GOODS MAY BE ILLEGAL OR PROHIBITED IS CARRIED OUT AT THE USER’S OR THE CUSTOMER’S OWN RISK. THE USER OR THE CUSTOMER OF THIS WEBSITE THAT CHOOSES TO ACCESS AND/OR USE THIS WEBSITE FROM OTHER LOCATIONS WILL BE DOING SO ON THE USER’S OR THE CUSTOMER’S OWN INITIATIVE AND WILL BE RESPONSIBLE FOR COMPLIANCE WITH DOMESTIC LAWS.
14.2 TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
14.3 THIS WEBSITE IS MADE AVAILABLE TO USERS OR CUSTOMERS ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, ACCURACY OF ANY CONTENT OR GOODS ON THIS WEBSITE. FOR THE AVOIDANCE OF DOUBT, THE COMPANY EXPRESSLY EXCLUDES (TO THE FULLEST EXTENT PERMITTED BY LAW) ANY WARRANTIES AS TO THE QUALITY AND/OR SUITABILITY OF ANY OF THE GOODS FOR A PARTICULAR PURPOSE. THE COMPANY SHALL NOT BE LIABLE IN ANYWAY WHATSOEVER IN THE EVENT THAT THE CUSTOMER DOES NOT DEEM THE GOODS TO BE BENEFICIAL OR FOR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.
15.1 The Customer agrees to indemnify and keep the Company indemnified against any and all claims for infringement of any Intellectual Property Rights brought by a third party as a result of the Customer’s use of this Website.
15.2 The Customer agrees to indemnify and keep the Company indemnified against any and all losses or liabilities incurred directly by the Company as a result of any breach or non-observance by the Customer of any of these Terms & Conditions.
15.3 Subject to Clauses 15.1 and 15.2, the Customer agrees to defend, indemnify and hold harmless the Company, its officers, directors, employees, and agents from and against all claims which may be asserted against the Company, including but not limited to, any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses arising from:
- 15.3.1 The Customer’s use of this Website; and
- 15.3.2 The Customer’s violations and/or breach of these Terms & Conditions.
16 Data Protection & Confidentiality
16.1 The Company has notified the Information Commissioner in the United Kingdom for the purposes of the Data Protection Act 1998 (“the Act”) and will comply with the provisions of the Act.
16.3 Customers’ data used by the Company will be stored and encrypted in a secure database in accordance with the provisions of the Act.
17 Entire Agreement & Severability
17.2 If any clause of these Terms & Conditions is held invalid or unenforceable, the clause shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining clauses shall remain in full force and effect. If the User or the Customer breaches these Terms & Conditions and the Company takes no action against the User or the Customer, the Company will not be considered to have given up its rights to pursue the User or the Customer in relation to the alleged or actual violations and/or breach according to these Terms & Conditions.
18.1 Any notice to be served under these Terms & Conditions shall be in writing and served upon the other party at its address (in the case of the Company as set out above, and in the case of the Customer as provided during purchase of the Goods) either by hand, by first class pre-paid post or e-mail and shall be deemed served 48 hours after posting if sent by post, or on delivery if delivered by hand or e-mail.
19 Force Majeure
19.1 The Company shall not be liable for any failure to perform its obligations if caused by matters beyond its reasonable control, including the following:
- 19.1.1 Acts of God such as fire, flood, earthquake, storm, hurricane, or other natural disaster;
- 19.1.2 War, invasion, act of foreign enemies, hostilities, (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation and terrorist activity; or
- 19.1.3 Government sanction, nationalisation, blockage, industrial dispute, lockout or failure of utility service.
20 Jurisdiction & Choice Of Law
20.1 These Terms & Conditions shall be governed by the laws of England and Wales and the User and the Customer agree to submit to the exclusive jurisdiction of the English courts. The User and the Customer accept that nothing in this clause shall prevent the Company from seeking and enforcing any injunctive relief in any country where the Website is accessible to prevent any infringement of any laws or rules in such countries.
21.1 The User and the Customer acknowledge that the User or the Customer has read and accepts these Terms & Conditions for access to and/or use of this Website by ticking the box below before proceeding to purchase Goods from this Website.
Date of latest amendment: 24/07/14