USER TERMS & CONDITIONS (“the agreement”)
Please read this agreement carefully. It sets out the terms under which Erudition Digital Limited and its parent companies, subsidiaries, trading entities and affiliates (collectively “we”, “us”, “our” etc) offers you use of its web applications, including without limitation www.informance.biz, www.eruditions.co.uk and www.eruditiondigital.co.uk, their Content and the Publications (“the Service”).
These Terms & Conditions apply regardless of whatever user device you are using to access the Service (including desktop, laptop or mobile web browser, mobile phone, tablets, or via an app and any other technology whether now known or developed in the future).
These terms and conditions apply to the use of the Service and by accessing the Service and/or placing an order to purchase a Publication, Bundle or Subscription Service you agree to be bound by the terms and conditions set out below.
IF YOU DO NOT WISH TO BE BOUND BY THEM, PLEASE LEAVE THE SERVICE.
This agreement is made between you and Erudition Digital Limited (registered in England and Wales, number 8008045) whose registered office is 86 – 90 Paul Street, London, EC2A 4NE (“us”). Our VAT number is 134277419.
1.1 “Bundle” means the one or more Publications sold together;
1.2 “Content” includes all or any part of any text, graphics, layout, logos, images, audio material, films or other moving images, published or otherwise available on or via the Service from time to time (including, anything made available for streaming, download or sale;
1.3 “Event Outside Our Control” means any act or event beyond our reasonable control;
1.4 “material” includes all or part of any text, graphics, layout, logos, images, audio material, films or other moving images;
1.5 “Publication” means those materials that are available on the Service for purchase or as part of the specific Subscription Service you have purchased;
1.6 “Subscription Service” means the monthly or annual subscription service whereby you purchase access to a specific package as set out in the menu of subscription packages available for the duration of the term of the Subscription;
1.7 “Trade Marks” means the trade marks, logos and service marks (whether or not registered) displayed on the Service or as part of the Content or Publications;
1.8 “User Generated Content” includes any material submitted by you via any account you may have with us to the Service, including, without limitation, comments, reviews and ratings.
2. Use of the Service
2.1 The Service, including the Content and the Publications is for personal and non-commercial use only. You do not need any special software in order to use the Service. To access the Service please go to www.informance.biz, www.eruditiondigital.co.uk/informance or www.eruditions.co.uk on your device’s internet browser. For a list of compatible browsers, click here.
2.2 You may access the Publications from a maximum of five personal devices eg two laptops, one tablet, one PC and one mobile phone.
2.3 You may download and print portions of the Service and/or the Content or the Publications for your personal, non-commercial use and for instructional purposes as set out in clause 2.4 only. You must maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print.
2.4 Subject always to general principles of fair use, you may use material that you download or print for instructional purposes undertaken by you personally provided that you do not use 5% of each Publication for any individual item of instructional material prepared by you.
2.5 Any other use of materials on the Service, including the Content, Publications and User Generated Content (including without limitation reproduction for a purpose other than that noted above and any modification, adaptation, archiving, distribution or republication) without our prior written permission is strictly prohibited and you may not copy or extract data from this web Service by means of robots, spiders, crawlers or other automatic devices or by any manual process used to systematically extract or copy web content. If you wish to make any other use of materials on the Service, including the Content, Publications and User Generated Content please address your request to email@example.com.
2.6 You agree that you shall not use the Service to transmit or knowingly or recklessly receive or link to (or knowingly or recklessly authorise or permit any other person to receive or transmit or link to) material which is obscene, threatening, menacing, offensive, defamatory, invasive of another’s privacy, abusive, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise violates any applicable law or regulation or code, or which makes excessive demands for bandwidth or contains any virus or which may otherwise impair or harm our computer systems or any third party computer system. Except as expressly authorised in writing by us, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on the Service, including the Content and/or the Publications.
2.7 The provisions in clause 11 on Data Protection and Use of Personal Information apply in respect of your use of the Service and/or the Content and/or the Publications.
3.1 The Service, the Content and the Publications may include links to web sites and/or services owned and/or operated by third parties. We are not responsible for and do not give any warranties or make any representations regarding any such web sites and/or services and are not responsible for or liable in relation to such web sites and/or services (save to the extent, if any required by law).
3.2 You may link to the home page of the Service, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
3.3 You must not establish a link from any web site that is not owned by you.
3.4 The Service must not be framed on any other web site or service. We reserve the right to withdraw linking permission without notice.
4. User Generated Content
4.1 You agree that you will not submit any User Generated Content:
4.1.1 that is in any way, threatening, abusive, offensive, defamatory, invasive of another’s privacy, abusive, in breach of confidence, embarrassing to any person or likely to deceive any person, hateful, blasphemous, pornographic, or racially, ethnically or otherwise objectionable;
4.1.2 in respect of which you do not have the necessary licences or approvals;
4.1.3 which constitutes or encourages conduct that would be considered a criminal offence or otherwise contrary to any law, regulation or code of practice, give rise to civil liability or infringe the rights of any third party anywhere in the world;
4.1.4 which is or could be technically harmful;
4.1.5 which is or may be deemed to be advertising or promotional materials including “spam” email;
4.1.6 which makes excessive demands for bandwidth;
4.1.7 which is inaccurate or misleading.
4.2 You will not impersonate any person or entity when submitting User Generated Content or misrepresent any affiliation with any person or entity.
4.3 You acknowledge that we have no obligation to monitor any User Generated Content but that we have the sole discretion to modify or delete any such User Generated Content in our sole discretion and may remove any such material at any time. Notwithstanding this, you are solely responsible for and bear the legal risk associated with such User Generated Content anywhere in the world.
4.4 In the event that you are in breach of these Terms and Conditions and/or our Standards for User Generated Content at any time, we may forthwith terminate any account that you have with us and you may not open another account with us and we reserve the right to terminate any such account. In the event that you continue to contravene these Terms and Conditions and/or the Standards for User Generated Content we reserve the right to contact your employer, school or college or your internet service provider.
4.5 We will co-operate with law enforcement or regulatory authorities or any court order requesting or requiring us to disclose the identity or location of or any other information in relation to anyone who has submitted User Generated Content to us in breach or allegedly in breach of these Terms and Conditions and/or the Standards for User Generated Content. We may also disclose such information where we are advised by our lawyers that a court order would or may be granted requiring us to disclose it, even if no legal proceedings have been commenced in relation to the same.
4.6 You will not access or attempt to access the accounts of other users or penetrate or attempt to penetrate our security measures.
4.7 You acknowledge that submitting any User Generated Content to the Service does not guarantee that the User Generated Content, or any part of it will appear on the Service. You cannot edit or remove User Generated Content once you have submitted it to the Service. However, if you become aware of any inaccuracy or problem in or in relation to User Generated Content submitted by you, please contact us immediately at firstname.lastname@example.org.
4.8 We have no responsibility or control over the contents of any User Generated Content which may not be accurate and we cannot be held liable for any contents of any User Generated Content or any consequences of you relying on it. Please be aware that any information and/or data in any User Generated Content provided by another user may be incorrect or misleading and it is your responsibility to take precautions and use common sense when using any information and/or data contained in any User Generated Content.
4.9 If you publish any User Generated Content on or via the Service by way of contributions to chats, discussions or user reviews or comments, you automatically and hereby grant to us a perpetual, royalty free, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from and distribute such User Generated Content into any form, medium or technology now known or hereafter developed. In addition, as between you and us, you assert and waive any and all moral rights in such User Generated Content.
4.10 The onus for ensuring that material presented on the internet is legal rests with the original content provider, and we will not be under any obligations to limit access to material unless notified that it is illegal or otherwise in breach of these Terms and Conditions. Notwithstanding, we shall have the right to remove any items it believes may be illegal or otherwise in breach of these Terms and Conditions.
5. Intellectual Property
5.1 The intellectual property rights in all design, text, graphics and other material (other than User Generated Content) and the selection or arrangement of such material in the Service, including the Content, the Publications and the Trade Marks is owned by us and/or our licensor. The Service, the Content and the Publications are protected by the copyright laws and other intellectual property laws of the United Kingdom and the United States and are protected globally by applicable international copyright treaties.
5.2 We use a system called Custos for eBooks to protect our intellectual property and that of our authors. This means that Content and Publications purchased from our Service may contain invisible watermarks for the purposes of monitoring licensing infringements and piracy. These watermarks do not contain any readable customer information and are use purely for the purposes of identifying the source transaction of a file. Please click here to find out more about how this works.
6. Availability of the Service and Publications and Security
6.1 Due to the nature of the internet, we cannot promise full and error or virus free operation of the Service at all times. This means there may be occasions on which you may not be able to access the Publications. All of our liability and the liability of our directors or employees or agents or contractors howsoever arising for any loss whatsoever arising from your use of or inability to use the Service is excluded, insofar as it is possible to do so in law.
6.2 Any and all information or material of whatever nature added to or stored by you on the Service (“your material”) is so added or stored entirely at your own risk. All of our and the liability of our directors or employees or agents or contractors in respect of the loss or deletion of your material or your inability for whatever reason to access your material is excluded to the fullest extent permitted by law.
6.3 From time to time, your access to the Service and the Publications may be suspended in order for work to be carried out relating to upgrading or maintenance or otherwise as necessary for the provision of the Service and/or the Publications. We shall endeavour to ensure that such works are carried out as expeditiously as is possible in the circumstances.
6.4 We will use reasonable endeavours to ensure that the Service and any information we hold on you are kept secure. However, due to the nature of the internet, we cannot accept any liability for those who intentionally attempt to and/or gain unauthorised access to the same by means such as, without limitation, computer hacking (save to the extent that we are unable to exclude such liability by law).
7.1 Where you are asked to complete a registration form the personal details that you provide must be true, accurate and complete.
7.2 You will keep your password(s) relevant to the Service and/or the Publications and/or any User Generated Content confidential and not reveal them to anyone else. You are responsible for all activities that are carried out under your username and password(s). You warrant that you will not share nor otherwise disseminate your username and password(s) to anyone else. We do not have the means to check the identities of people using the Service and will not be liable where your username and/or password(s) are used by someone else. You agree to notify us immediately by email to email@example.com of any unauthorised use of your account of which you become aware and to change your username and/or passwords to ensure your account is secure at all times. It is your responsibility to notify us by email to firstname.lastname@example.org of any changes to your contact details.
7.3 You will not create additional accounts for the purpose of abusing the functionality of the Service or other users or for any other reason in breach of these Terms and Conditions.
7.4 You can cancel your registration at any time by contacting us at email@example.com .
7.5 If you use Facebook Connect to register to use the Service, we cannot cancel that registration for you. To do so, you’ll need to edit your Facebook account settings.
7.6 We reserve the right to close any account that has not been accessed by you for one year or more. In the event that we propose to close your account we will send an email to the email address associated with your account and if we do not receive a reply requesting that we do not close the account within four weeks of the date of our email, the account will be closed. If you contact us after your account has been closed and can provide proof of purchase of any Publications purchased by you during the Term of your account we shall use reasonable endeavours to provide you with a copy of such Publications in the format you paid for but to avoid doubt we shall not be under any obligation to do so if it would mean us incurring any costs.
8.1 Some of the e-commerce activities on the Service may be operated by third parties and where they are this will be made clear to you. Where this is the case you may be asked to supply information and/or data (including, without limitation, financial, credit card and/or bank data) and that third party may have specific additional terms and conditions which apply. You will be dealing with the third party directly and as such any contracts and/or arrangements will be formed between you and them, and we are not a party to them and cannot be held liable for your use of or any liability arising out of the same (other than as required by law).
9.1 You may see advertising material submitted by third parties on the Service. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
10. Promotions, Competitions and Prize Draws
10.1 From time to time we may run competitions, free prize draws and/or other promotions on the Service. Any such competitions, prize draws and/or other promotions will be subject to additional terms and conditions that will be made available to you at the relevant time.
11. Data Protection and Use of Personal Information
For further additional terms relating to access to the Publications and Subscription Services on termination please see clause 24.
12.1 At any time without notice and in our absolute discretion, we may permanently or temporarily terminate, suspend or deny your access to the Service, the Content and/or the Publications. At any time without notice and in our absolute discretion, we may remove or edit any Content on the Service or in any Publication.
Where a claim is brought against us by a third party in relation to your use of the Service, the Content or any Publication and/or any User Generated Content you agree to fully reimburse us and our and their directors or employees or agents or contractors for all losses, costs, actions, claims, damages, expenses (including legal costs and expenses) or liabilities, whatsoever suffered or incurred by us and our and their directors or employees or agents or contractors in or as a consequence of your breach of this Agreement and/or your use of the Service and/or the Content or any Publication and/or any User Generated Content which is included on the Service and/or the Content or any Publication.
14. Events Outside Our Control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.
14.2 If an Event Outside Our Control takes place that affects the performance of our obligations to you:
14.2.1 we will contact you as soon as reasonably possible to notify you; and
14.2.2 our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Publications or Bundles to you or the availability of the Publications or Bundles or Subscription Services, we will use our reasonable endeavours to deliver them to you or restore their availability to you within a reasonable time of the cessation of the Event Outside Our Control has ceased.
15. Liability and Indemnity
15.1 Save to the extent required by law, the Service, the Content, the Publications and the User Generated Content provided on an “as is” basis without any representation and we make no warranties of any kind, whether express or implied, in relation to the Service, the Content, the Publications and the User Generated Content or any transaction that may be conducted on or through the Service including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade and we do not accept any responsibility in respect of the same. Your use of all and any information and/or data included in and/or on the Service, and/or the Content and/or the Publications and/or any User Generated Content, is entirely at your own risk.
15.2 This does not affect your statutory rights as a consumer, nor does it affect your statutory rights, including your statutory right to cancel.
15.3 Our liability and our and their directors or employees or agents or contractors or other representatives howsoever arising for any loss suffered as a result of your use of the Service and/or the Content and/or the Publications and/or any User Generated Content is expressly excluded to the fullest extent permitted by law and, for the avoidance of doubt and without limitation, we and our directors or employees or agents or contractors or other representatives will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for:
15.3.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
15.3.2 any loss of goodwill or reputation; or
15.3.3 any special or indirect losses; or
15.3.4 computer viruses, system failures or malfunctions which may occur in connection with your use of the Service and/or the Content and/or the Publications and/or any User Generated Content; or
15.3.5 data non-delivery, data misdelivery, data corruption, destruction of data or other modification of data
suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Terms and Conditions.
15.4 Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct or any liability which we may not by law exclude.
15.5 You agree fully to indemnify, defend and hold us, and our directors or employees or agents or contractors or other representatives harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of:
15.5.1 any breach of these Terms and Conditions by you; or
15.5.2 or any other liabilities arising out of your use of the Service and/or the Content and/or the Publications and/or any User Generated Content or the use by any other person accessing the Service and/or the Content and/or the Publications and/or any User Generated Content using your username and password.
All notices shall be given by e-mail to us at [email address] or our postal address or, to you at either the e-mail or postal address you provide during the registration process. Notice will be deemed received 24 hours after e-mail is sent or 3 days after the date of posting.
17.1 This Agreement is personal to you and you may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree in writing.
17.2 We may transfer our rights and obligations to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions. If this happens, we will notify you in writing or by posting here or on the Service.
18. No Waiver
Failure by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
19. Variation of Terms
19.1 We the right to vary this Agreement from time to time and such changes shall become effective as soon as they are posted. Your continued use of the Service and constitutes your agreement to all such changes.
19.2 Every time you order Publications or Bundles or subscribe to the Subscription Services the Terms and Conditions in force at that time will apply to such order.
20. Law and Jurisdiction
20.1 These Terms and Conditions are governed by English law and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction.
21.1 If the whole or any part of any provision of these Terms and Conditions is or becomes invalid, void or unenforceable for any reason the same shall to the extent required be severed from these Terms and Conditions and rendered ineffective so far as is possible without modifying the remaining provisions of these Terms and Conditions and shall in no way affect the validity or enforceability of any other provisions.
22. Third Party Rights
22.1 These Terms and Conditions are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.
23. Additional Terms and Conditions for Ordering and Purchasing Publications and Bundles and Subscription Services
23.1.1 In addition to the Terms and Conditions set out above, the following terms and conditions additionally apply when you order and purchase Publications, Bundles and Subscription Services and form part of the User Terms and Conditions.
23.1.2 You may only purchase Publications or Bundles or subscribe to the Subscription Services if you are over 18 years old.
23.2 The prices of the Publications and Bundles and for the Subscription Services are made available on the product preview page for each Publication or Bundle and on the Subscription Services information page and you can also find all pricing information here. We reserve the right to change the price of any product at any time, and will not provide price protection or refunds in the event of any price discounting, special or promotional offers.
23.3 Please note that Bundles are offered at our sole discretion any may be changed withdrawn from sale at any time.
23.4 A subscription to the Subscription Services will give you access to the specific service purchased and no other Services, Content or Publications.
How the contract is made
23.3 The steps required to create the contract between you and us are as follows:
23.3.1 You log in to your account or register for an account, you place the order to purchase a Publication or Bundle or subscribe to the Subscription Services by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Service.
23.3.2 We will send to you an invoice with details of your purchase along with information on how to access your purchase. This is not an order confirmation or order acceptance from us.
23.3.3 Order acceptance and the completion of the contract between you and us will take place when we take successful payment for your purchase and when we send e-mail confirmation to you that this is the case unless we have notified you that we do not accept your order.
23.3.4 Non-acceptance of an order may be a result of one of the following:
22.214.171.124 The product you ordered being unavailable for any reason.
126.96.36.199 Our inability to obtain authorisation for your payment.
188.8.131.52 The identification of a pricing or description error.
184.108.40.206 You not meeting the eligibility to order criteria set out in these Terms & Conditions.
23.4.1 Payment will be made by Paypal.
23.4.2 Payment for Subscription Services must be made prior to the Subscription Service commencing.
23.4.3 Once you have subscribed to the Subscription Services, you must pay for, and we must provide to you, subject to these Terms and Conditions, the Subscription Services throughout any of the duration of any package for which you have subscribed subject to Your Statutory Right to Cancel your subscription in certain circumstances and as set out in clause 23.6.1 below.
23.4.4 In order to avoid automatic renewal you must inform us by contacting us on via the online service to do so provided on via your account at least 7 days, in the case of monthly subscriptions, and 30 days, in the case of annual subscriptions, before payment would be due to be made to renew the subscription. For clarity on a monthly subscription package if you do not provide 7 days’ notice and you have an upcoming payment in less than 7 days’ time you will be charged for the next payment period and on an annual subscription package if you do not provide 30 days’ notice and you have an upcoming payment in less than 30 day’s time you will be charged for the next payment period.
23.4.5 With regard to annual subscriptions only, following your cancellation we will issue to you a pro rata refund for any unused whole days remaining on your subscription. For these purposes we will regard a day as starting at 00.01 hours GMT or BST, as the case may be. Your Subscription Service will remain available until the current paid period expires.
23.4.6 If you do not cancel your subscription, it will automatically be renewed at the end of each month or year and the fee for the following year will be automatically debited from your debit/credit card at that time
23.4.7 If a free trial is made available to you, you will be required to provide your payment details on registering for such free trial but will only be charged with effect from the expiry of that free trial period. If you do not cancel prior to the expiry of the free trial period then your paid subscription will start on the day after the end of the free trial period and the Terms and Conditions of this agreement will apply. No more than one free trial per subscriber is allowed. We reserve the right without notice and at any time to terminate any free trial.
Your Statutory Right To Cancel
23.5.1 By law, customers in the European Union have the right to cancel the contract for the purchase of an item within seven working days beginning with the day after the date a Publication or Bundle is added to your account or you obtain access to the Subscription Services. However, this does not apply where you have accessed any Publication or any item from any Bundle or accessed the Subscription Service.
23.5.2 Where you have not accessed any Publication or any item from any Bundle that has been added to your account or accessed the Subscription Service, you may cancel the contract within the seven working day period by contacting us by e-mail at firstname.lastname@example.org .
23.5.3 As soon as we receive notice of your cancellation, we will refund the purchase price to you via the same method of payment you used to make the purchase.
23.3.4 You will also be entitled to a refund if any Publication is faulty or is not as described by contacting us by e-mail at email@example.com .
Additional right to Cancel
23.4.1 In addition to your Statutory Right to Cancel, if you are unhappy with any Publication or Bundle and/or you wish to cancel your access to the Subscription Services, please contact us by email at firstname.lastname@example.org within 30 days of the date a Publication or Bundle is delivered to you or you obtain access to the Subscription Services. We may ask you the reason if you choose to cancel in order to assist us improve our products and services but you are under no obligation to give a reason to cancel.
23.4.2 As soon as we receive notice of your cancellation, we will refund the purchase price to you via the same method of payment you used to make the purchase subject, in the case of the annual Subscription Services to a pro rata refund for any unused whole days remaining on your subscription. For these purposes we will regard a day as starting at 00.01 hours GMT or BST, as the case may be.
24. Our Right to Withdraw Publications or Amend/Terminate the Subscription Services
24.1 Where you have purchased a Publication in the event that we cease to have the rights to make any Publication purchased by you available, we will remove it from the Service and refund you with the cost of the purchase.
24.2 If we cease to make the Publications you have purchased available on the Service then we will arrange for the Content of the Publications purchased to be available to you for download or viewing via an alternate method to the online access originally provided via our Service. Please note that in such circumstances the functionality provided for accessing and interacting with the content might differ to that provided via our web applications and some limitations regarding interactive functionality may be limited. We will however use reasonable endeavours to provide you with access to the Content that you have purchased.
24.3 We reserve the right to amend and/or withdraw the Subscription Services without notice and your sole remedy shall be as set out in 24.4 below.
24.4 If we cease to make the Subscription Services available on the Service, you will be entitled to a pro rata refund for any unused whole days remaining on your subscription but will not be entitled to access the Publications thereafter. For these purposes we will regard a day as starting at 00.01 hours GMT or BST, as the case may be.
25. Contact details for Erudition
86 – 90 Paul Street