CONDITIONS FOR USE OF THE WEBSITE AND SUBSCRIPTION SERVICE AT WWW.ENGVOCAB.COM
PLEASE READ THESE CONDITIONS VERY CAREFULLY BEFORE USING THE SITE, ESPECIALLY CONDITION 10 AND, IF YOU ARE BASED OUTSIDE THE UNITED KINGDOM, CONDITION 14.7.
1. NATURE OF THE SITE AND THE SERVICE
1.1 We provide a service (the Service) on the website at the URL: http://www.engvocab.com (the Site) which allows English-language learners to gain access to essential English vocabulary.
1.2 Access to some parts of the Service are made available free of charge. These are marked as such. If you wish to use all of the Service, you will need to take out a subscription (Subscription) and pay us a subscription fee every three months.
1.3 Your access to and use of the Site and any part of the Service are governed by these conditions. If you do not take out a Subscription or until such time that you do, your use of the Site, or any part of the Service, constitutes your acceptance of these conditions. If you take out a Subscription, you will be asked to formally accept these conditions.
1.4 We reserve the right to change the conditions at any time by posting the changes on the Site. You are responsible for regularly reviewing the conditions to obtain notice of the changes. Your continued use of the Site or any part of the Service after any changes constitutes your acceptance of those changes.
2. SUBSCRIPTIONS TO THE SERVICE
2.1 A request to take out a Subscription constitutes an offer to do so on the basis of these conditions. Once you place your order, we will acknowledge receipt of it but this does not constitute acceptance of your order. Your order will only be accepted, and a valid and binding contract for the Subscription will only come into force, when we confirm your order and provide you with your user details for the Service (User Details).
2.2 The Subscription will be governed by these conditions to the exclusion of all other terms and conditions. Any variations or proposed variations to these conditions shall not be effective unless we so agree beforehand and in writing.
2.3 Although we maintain copies of all orders received for a short period of time, details of your Subscription will not be filed and will not be accessible to you on-line. If you wish to see a copy of the conditions which applied at the time you placed your order, please e-mail us at contact.en@gwasggwennan.com with details of the date of the order.
2.4 It is your responsibility to ensure that all the details you enter on the order page are complete and correct. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT ARISES FROM YOU ENTERING INCORRECT OR INCOMPLETE INFORMATION.
3. PROTECTION OF USER DETAILS
3.1 You are responsible for maintaining the confidentiality of your User Details and agree that you will not disclose them to anyone else.
3.2 You agree to (a) ensure there is no unauthorised use of your User Details and immediately notify us of any suspected or actual misuse; and (b) ensure that you sign off from the Service at the end of each session. You will indemnify us in full for any loss or damage we may suffer as a result of a breach by you of this condition.
4. PRICEAND PAYMENT
4.1 All prices quoted for the Subscription are in Japanese Yen (¥) and include VAT as appropriate.
4.2 The price for the Subscription is the price shown on the Site when we receive your order and is subject to confirmation. We will inform you if the price of the Subscription is higher than that stated in your order and you may cancel the order.
4.3 You shall be responsible for paying any sales, property, excise or other federal, state, or local taxes and duty (except for taxes based on our income from sales) which are hereafter due and payable for a Subscription.
4.4 Once you have confirmed your wish to take out a Subscription, we will process payment using the details you have provided. Once we have an authorisation code from your card issuer, we will send you your User Details.
4.5 You hereby warrant that you are either the named cardholder of any credit, debit or other payment card you use to pay for a Subscription or you otherwise have the cardholders permission for such purpose.
5. CANCELLATIONS
5.1 If you are buying in the capacity of a consumer (that is to say, otherwise than in the course of a business) you may cancel your Subscription provided you notify us within 7 working days of receiving your User Details. In such cases, we will, within 30 days of such notification and provided you have not used the Service, refund the full price you have paid us. The term working days means a day on which banks in the City of London are open for business.
5.2 Except as set out in this condition 5 you may not cancel your Subscription.
6. DEFECTIVE USER DETAILS
6.1 WE WILL NOT BE LIABLE FOR USER DETAILS WHCH DO NOT ALLOW ACCESS TO THE SERVICE UNLESS YOU NOTIFY US WITHIN 3 DAYS OF THE TIME YOU DISCOVER, OR OUGHT TO HAVE DISCOVERED THIS FACT AND YOU SUBSEQUENTLY NOTIFY US AND PROVIDE US WITH DETAILS OF THE USER DETAILS SO THAT WE CAN VERIFY THAT THEY DO NOT ALLOW ACCESS TO THE SITE.
6.2 SUBJECT TO CONDITION 6.1, IF WE DETERMINE THAT THE USER DETAILS DO NOT IN FACT ALLOW ACCESS TO THE SITE, OUR LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A NEW SET OF USER DETAILS.
7. COPYRIGHT AND OTHER RIGHTS
7.1 The copyright in the Site and in all software, content and material that forms part of the Service and all other intellectual property rights, including database rights, are owned by or licensed to us. Any infringements of these rights will be pursued.
7.2 We allow you to use this material solely for your personal use. In particular, you may (unless we agree otherwise) only download, print, copy or reproduce any material for your own use.
7.3 The images, logos, names and trading marks used on the Site to identify us, our products and services are our proprietary marks whether registered or unregistered. You may not use these marks and logos unless we have given you our written permission.
7.4 Any images, logos, names and trade marks on the Site which identify third parties, their products or services belong to the relevant third party and are used with their permission. Nothing in these conditions confers on you any rights in respect of those images, logos or names.
8. DISCLAIMER
8.1 We take reasonable steps to ensure that the information published on the Site and otherwise made available as part of the Service is accurate, but both the Site and the Service are made available as is and as available without any representation or warranty about their quality, availability, merchantability, fitness for purpose and non-infringement. We try to maintain a constant, error free service, but we are unable to guarantee that the Site or the Service will always be available or that they will operate free from error.
8.2 PLEASE NOTE THAT WE MAKE NO WARRANTY (I) THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THAT THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SITE OR THE SERVICE WILL BE ACCURATE OR RELIABLE; (III) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS; OR (IV) THAT ANY ERRORS IN SOFTWARE WILL BE CORRECTED.
9. DOWNLOADS
9.1 Any content you download or otherwise obtain through your use of the Site or the Service is done so at your own discretion and risk and you understand and agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download by you of any such content.
9.2 Although we use anti-virus software to protect the content of the Site against known viruses, WE CANNOT GUARANTEE THAT THE MATERIAL AND ANY DOWNLOADS ON THE SITE ARE FREE FROM VIRUSES OR MALICIOUS CODES. It is your responsibility to ensure that you have taken precautions to protect your own computer system from virus infection.
10. LIABILITY
10.1 TO THE EXTENT PERMITTED BY LAW, WE WILL NOT ACCEPT ANY LIABILITY ARISING FROM ANY ERRORS IN OR UNAVAILABILITY OF THE SITE OR THE SERVICE.
10.2 THE SERVICE SHOULD NOT BE RELIED UPON FOR ANY PERSONAL, TECHNICAL, MEDICAL, ENGINEERING, HISTORICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD (WHERE NECESSARY) CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR OWN INDIVIDUAL CIRCUMSTANCES.
10.3 SUBJECT TO THIS CONDITION 10 AND CONDITIONS 2.4, 6.1, 9.2, 11.1 AND 14.5, WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM YOUR USE OF THE SITE OR ANY PART OF THE SERVICE OR OTHERWISE INCLUDING DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS OR LOSS CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE OR FOR THE DELAY OR INABILITY TO USE THE SERVICE OR FOR INFORMATION, PRODUCTS OR OTHER SERVICES OBTAINED THROUGH THE SITE.
10.4 WE DO ACCEPT LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE AND FOR FRAUDULENT MISREPRESENTATION.
10.5 AS FAR AS THE LAW ALLOWS, ALL WARRANTIES, CONDITIONS AND OTHER TERMS IMPLIED BY LAW (EXCEPT THOSE IMPLIED BY SECTION 12 OF THE SALE OF GOODS ACT 1979) ARE HEREBY EXCLUDED FROM OUR CONTRACT WITH YOU.
10.6 SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN LOSSES OR DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS AND EXCLUSIONS IN THESE CONDITIONS MAY NOT APPLY TO YOU. IF ANY PROVISION OR PART PROVISION SHALL BE VOID FOR WHATEVER REASON, THE OFFENDING WORDS SHALL BE DEEMED DELETED AND THE REMAINING PROVISIONS SHALL CONTINUE IN FULL FORCE AND EFFECT.
11. THIRD PARTY MATERIAL
11.1 Any hyperlinks displayed on the Site are for your convenience only. If you choose to follow any hyperlink you will be leaving our Site. WE DO NOT CONTROL OR ENDORSE THE CONTENT OF ANY OTHER SITE AND WE DO NOT ACCEPT ANY LIABILITY ARISING FROM YOUR USE OF THE HYPERLINKS, INCLUDING (WITHOUT LIMITATION) FOR ANY INACCURATE, ILLEGAL, OFFENSIVE, DEFAMATORY OR OBSCENE MATERIAL WHICH APPEARS ON THIRD PARTY SITES.
11.2 Your correspondence or business dealings with, or participation in promotions of, third parties on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such parties. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such parties information on the website.
12. MODIFICATION, SUSPENSION AND TERMINATION OF THE SERVICE
12.1 We reserve the right at any time and from time to time in our sole discretion and with or without notice to modify or temporarily or permanently discontinue the Service (or any part of it) or your individual use of the Service and/or close down the Site. You agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service.
12.2 Our rights under this section are in addition and without prejudice to all of our other rights and remedies.
13. PERSONAL INFORMATION AND COOKIES
We use your personal information in accordance with our privacy policy. View the privacy policy.
14. GENERAL
14.1 Notices to you may be made via either email or standard mail. The Site may also provide notices of changes to the conditions or other matters by displaying notices or links to notices to you generally on the Site.
14.2 If we waive any breach by you of these conditions, this shall not be considered as a waiver of any subsequent breach of the same or of any other provision.
14.3 Your rights and obligations under these conditions are personal to you and you undertake that you shall not nor purport to assign, lease, charge, sub-license or otherwise transfer such rights and obligations in whole or in part.
14.4 Nothing in these conditions shall create any right or benefit for any third party under the Contracts (Rights of Third Parties) Act 1999. This does not affect any right or remedy of a third party which exists or is available apart from under that Act.
14.5 WE SHALL NOT BE LIABLE FOR ANY LOSS SUFFERED BY YOU OR BE DEEMED TO BE IN DEFAULT FOR ANY DELAYS OR FAILURES IN PERFORMANCE HEREUNDER RESULTING FROM ACTS OR CAUSES BEYOND OUR REASONABLE CONTROL OR FROM ANY ACTS OF GOD, ACTS OR REGULATIONS OF ANY GOVERNMENTAL OR SUPRA-NATIONAL AUTHORITY OR IF OUR SERVERS ARE NOT WORKING.
14.6 Section headings have been included for convenience only and shall not be considered part of, or be used in interpreting, these conditions.
14.7 THESE CONDITIONS SHALL BE GOVERNED BY THE LAWS OF ENGLAND AND WALES AND YOU AND WE BOTH AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF ENGLAND AND WALES.
14.8 These conditions have been translated into Japanese from the original English version. In the case of any dispute as to the meaning of any clause in law, the wording and meaning of the English version shall prevail.
15. DEFINITIONS
15.1 In these conditions:
- we, us and our -
- means Gwasg Gwennan Cyfyngedig (United Kingdom company registration number 5033019, VAT registration 771075236) whose principal place of business is at PO Box 83, Letterston, Haverfordwest, SA62 5WY, Wales, United Kingdom.
- you and your -
- you the individual who wishes to use the Site and the Service.
16. CONTACT DETAILS
16.1 If you wish to contact us about the Site please email us at contact.en@gwasggwennan.com. Any legal notice can also be sent by post to Gwasg Gwennan, PO Box 83, Letterston, Haverfordwest, SA62 5WY, Wales, United Kingdom.
16.2 We have tried to make the Site accessible to all users. If you have any difficulties accessing it, please contact us.
Date: 13 October 2005
Version: 01
These terms and conditions have been prepared for Gwasg Gwennan by Morgan Cole solicitors, a leading United Kingdom business law firm. Further information on the firm can be found on its website: www.morgan-cole.com.