TERMS AND CONDITIONS OF USE AND SERVICE (TAC’s)
IT IS STRONGLY RECOMMENDED THAT YOU DOWNLOAD AND KEEP IN DURABLE FORMAT A COPY OF THESE TAC’s.
IF YOU ARE A MEMBER YOU HAVE ACCEPTED THEM BY REGISTERING ON OUR SITE OR PAYING VIA THE PAYPAL PLATFORM
A PDF COPY MAY BE DOWNLOADED HERE
In these terms and conditions:
1. we, us and our refer to Northallerton Methodist Church Registered Charity No. 1130932, High Street, Northallerton, North Yorkshire DL7 8EG who are the Managing Trustees for the Osmotherley Methodist Society which meets in Osmotherley Methodist Church (Chapel).
Tel. 01609 771399 (not permanently monitored)
Email: firstname.lastname@example.org (the preferred point of contact)
The ‘Trustees for Methodist Church Purposes’ (TMCP) are the legal entity which holds copyright for some of the content available from our website. The Revd Robert Gee is the author of much of the digital content available.
2. you and your refer to the purchaser of any services from us
3. member or membership refer to any person or the status of any person who has registered via our website having either registered for a free membership or a paying membership. A free membership is granted to those who wish limited access but greater access than those who are casual visitors to the site. A paying membership will grant various extra privileges of access and ability to download digital content, according to the service purchased, to the paying member. Every member is entitled to receive a regular Newsletter but they may choose not to and can inform us of their wishes. We do not like spam and do not send any.
4. contract means the contract between you and us for the sale by us to you of services
5. services means any services you order from us – which includes at least either (a) the right to view content on membership only pages and/or (b) the right to view and download a limited number of copies for personal use only (see below for more details) of an eBook or other digital content.
6. renewable services are services that will incur a recurring payment on a periodic basis, normally annual, as stated and described on the ‘Document access’ page or other service offer pages.
7. digital content in our context means a package of data in the form of an eBook (in PDF format normally), audio recording (mp3 format), video recording (mp4 or variously other types) or other digital services such as a regular Newsletter or Research Articles that might be used now or in the future by us.
8. order means an order placed by you with us for the purchase of services by clicking on a PayPal button which initiates a contract of sale when completed via the PayPal payments process.
9. consumer means any natural person who, when placing an order with us, is acting for purposes which are outside his or her trade, business or profession
10. PayPal button means any PayPal button with their logo on a page on our website where you have been given details of services, delivery address and options, payment method and a "check out with PayPal" icon.
11. website means our website at http://www.osmotherleymethodistchurch.org.uk
2. Business Sales
If you attempt to order services other than as a consumer (eg because you are a Business or Institution) then:
1. these terms and conditions do not apply; and
2. you need to contact us (via the ‘Contact Us’ tab) in order to make an individual arrangement with you as an ‘Institution’ e.g. a place of Academic Research or a Library. We would not normally deal with a Commercial Business.
3. Limitation of sales territory
IMPORTANT - PLEASE NOTE: At present we cannot accept orders from outside of the European Union (EU). Please contact us if you wish to purchase and you do not live in the EU e.g. you are an American, Canadian, Australian etc (we do not wish to limit access but cannot, as yet, conform to other regulations which might apply in other territories).
4. Age constraint
At present we can only contract to sell membership to an adult who is 18 years or older. This limitation is due to the PayPal platform’s restrictions. We DO NOT have any content which would be unsuitable for minors.
5. Terms of the contract
If you place an order for services as a consumer, these terms and conditions apply to your order and to the contract between you and us.
We may change these terms and conditions at any time. Any changes will apply to any orders that you place after the time that we update the terms and conditions on our website. The changes will not apply to any order that you place before we make the changes on our website.
We have taken care to ensure that our website (including any help pages) and these terms and conditions do not contradict each other. However if there are any inconsistencies or contradictions then these terms and conditions shall apply instead of any contradictory or inconsistent part of our website.
6. When the contract is created
No contract exists between you and us until we notify you that we have accepted your order.
We are not obliged to accept your order.
We may cancel your order if we cannot supply the services for any reason.
7. Description and price of the services
We make every effort to ensure that prices and descriptions of services shown on our website are accurate at the time you place your order.
The price of the services will be as shown on the checkout page of our website when you placed your order. We will charge you this amount. You must also pay a delivery charge for the services as indicated on our website at the checkout page.
In the unlikely event that the price shown on the checkout page is wrong, we are not required to sell the services to you at the price shown. We always try and ensure that the prices of services shown on our website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the services that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the services, then you will receive a full refund.
We may occasionally have to increase the price of services, even after your order has been accepted by us. If we have to do this, then you may cancel your order.
We will contact you and give you the option of amending your order or cancelling it.
We will deliver the services that you order to the email address you give when you place your order via our website.
Once we accept your order, we will endeavour to deliver the services as soon as possible, but according to the time option you have chosen. If we do not make your service available within the applicable delivery period and you have the facilities to access or receive your digital content then you should alert us as soon as possible and we will do all we can to help you avail yourself of your purchase.
If you give us an incorrect or incomplete email address and as a result we try but are not able to make the delivery of some digital content, we may be unable to contact you. In this case we will await your notification of our lack of service but we shall be entitled to keep the amount you paid unless you can prove our fault. It is therefore in your interests to ensure that you give us a correct email address and also whitelist our email address in order to avoid it being dumped into your spam folder (where you should always check first if in any doubt!).
If some of the services you expected are not available please check with us as it is possible we can make available certain information sooner if required. The content of the ‘Documents’ and ‘Research Articles’ will grow over time but we cannot guarantee any specific availability.
We offer a ‘100% Money back guarantee’ in the following circumstances stated on the website:
“We want you to be completely satisfied with your purchase. Under the Customer Contracts Regulations 2013 you have the right to cancel your contract for these services for a full 14 days after ordering provided you have not already started receiving the service. You will have read our terms and conditions before you bought and these clarify our and your responsibilities and constitute a contract between us. However, should you find that, within 30 days of purchase, you are unable to access or use the products and services you have purchased, we guarantee to give you a full refund. That said, since eBooks are non-tangible items and cannot be 'returned' we must be satisfied that you have a real problem and that you have given us every opportunity to rectify the problem before claiming. You would also be asked to delete any copies of our digital content. This guarantee does not affect your legal rights”.
10. Your right of cancellation under the Consumer Contracts Regulations
You may cancel the contract under the Consumer Contracts Regulations by notifying us no later than 14 calendar days after we deliver the services that you are cancelling the contract. We strongly recommend that you do this by using our on-line Cancel tool (on the ‘Cancel’ tab) – see our website for details. You are not obliged to use this tool and may use the ‘model cancellation form’ at the bottom of this set of terms and conditions or use the ‘Cancel Form’ tab under the ‘Legal’ tab on the website or indeed make any other clear statement to us of your wish to cancel such that you are:
(a) sure we will receive it and
(b) it contains your Name and Email address and in addition your Postal address if you are contacting us by letter.
You may not cancel services in order to claim a refund where you expressly consented to the services being supplied within the cancellation period of 14 calendar days from the date your contract started. You and we will have evidence of this situation because you will have paid via a PayPal button that had the express warning about you forfeiting your rights to cancel under the Consumer Contracts Regulations. Your PayPal receipt will have coding indicating which option you chose (NR=No right, RR=Reserved right).
Neither will you have a right to claim a refund if you chose to initiate the service by logging into the website as a member before the end of the 14 day period, (whether you downloaded any data deliberately or not) using the credentials that we provided to you at the time of making your purchase.
11. Faulty services
1. In these terms and conditions, faulty services means any services we supply to you that do not conform to the contract. Faulty services does not include any negligence by you or any third party, use otherwise than in accordance with their intended use, failure to follow our instructions, or any lack of appropriate equipment on which to open, view, read or otherwise make use of the digital content we provide.
2. You should notify us as soon as possible if you discover that any services are faulty services e.g. a corrupt file, or content such as might be detected by anti-virus software etc. We do our very best to ensure that our site is protected and that files prepared by us are free from such malicious content when we upload or download them.
3. Our website allows you to notify us of any faulty services so that we can arrange for the problem to be resolved. Visit the ‘Contact Us’ page to do so – or, where, for some reason the website is inaccessible use the email@example.com email address.
4. Should you be unable to download a purchased service such as an eBook please contact us via our ‘Contact Us’ page. There are alternative ways in which we can deliver content in these circumstances.
5. You should have a hard copy of these terms and conditions in order to access such information as this. We strongly recommend that you use the ‘Contact Us’ or email address as a first port of call, but should there be a real difficulty then you may send a letter to our address, as in 1.1 above.
12. Rights of access and use of content on the site
1. You have the right to view and read any of the material available to you on our website.
2. If you are a member you will have privileged rights to view a wider range of content according to the level of access you have purchased. You must accept the terms and conditions as determined on these pages and defined as our ‘Terms and Conditions of Use and Service’ in order to use our website with membership privileges. However, use of a free membership also commits you to acceptance of our ‘Terms and Conditions of Use and Service’ upon registration. Casual visitors to the site who have limited access are not constrained to these ‘Terms and Conditions of Use and Service’ but are still bound to obey the general law of copyright and any other applicable laws.
3. If you are a paying member i.e. you have paid to access certain content, such as privileged access or digital content, or eBooks etc. You recognise and accept that we hold the copyright of all the content on our website and any digital content that we supply to you. We reserve all our rights of copyright protection. Your rights of access do not grant you any license or right to use our content other than those mentioned in ‘Your licence to use your digital content’ (13) below. You are expressly forbidden from taking any other actions relating to the use or distribution of our content.
13. Your licence to use your digital content
1. Remembering that digital content is data in various forms, (as defined in 1.7) or services as defined in 1.5 (a) and (b), you are licenced to use such data only for your own personal research, education, information or entertainment. As such you are granted permission to download a maximum of two copies of your digital content where that is facilitated. Each copy may be stored on one of up to two computers, tablets or such electronic device that may be used to utilise pdf’s, mp3’s or other forms of your digital content. You are expressly forbidden from sharing this digital content with anyone else or printing paper copies. These are not paper books and may not be handed to another.
2. (a) You may not scrape, copy or in any way extract material and content from the website or the digital content supplied to you.
(b) You may not utilise elsewhere any images, text, documents or any other forms of digital content that you have either paid us for or in some other way acquired from our website.
(c) However, you can make notes or utilise the information in your work so long as the source is acknowledged.
3. Continuity of these rights and licence. These terms and conditions including this licence shall prevail so long as we have copyright of the content and the digital content that you have purchased and accessed, though they may be amended by us in future. We cannot guarantee that this website will be available in perpetuity. Should we terminate this website at any time in the future we will give you at least one month’s notice of termination of service in order that you can take action to limit your losses. We shall aim to assist in any way possible to reduce your inconvenience at that point. We do not intend that this website should be terminated in future but no thing lasts forever.
14. Force majeure
We shall not be liable for any failure to perform, or delay in performing, any of our obligations under the contract if and to the extent that the failure or delay is caused by circumstances beyond our control.
15. Limitation of liability
We shall not be liable to you for any loss or damage:
1. (a) where there is no breach of a legal duty owed to you by us or by our employees or agents;
(b)where such loss or damage is not reasonably foreseeable to us when we accept your order; or
(c) to the extent that any increase in loss or damage results from breach by you of any term of the contract.
2. Our maximum liability to you under the contract shall be the value of the services that you ordered i.e. a full refund of your payment.
3. Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation or for any other liability that we are not permitted by law to exclude or (as the case may be) limit.
4. These terms and conditions do not affect your statutory rights.
5. PDF’s, eBooks and access to the various digital content on the website are provided ‘as is’. We do not guarantee that they will be available under all circumstances or usable on any specific platform or using any reader that you may choose. We will, however, assist you to access the services should you have any difficulties. The content should be usable on both Windows and Mac computers but we cannot guarantee it.
16. Terminating this licence, your membership of the website, or renewable services
1. You may terminate your membership of the website by contacting us via the ‘Contact Us’ form on the website. You should be aware that terminating your membership does not release you from the terms of this licence. If you have accessed and downloaded digital data (as determined by us from our logging of user access data) then you are committed to these licence conditions for as long as your digital data shall exist. You are therefore permitted to keep a copy of any eBooks, Newsletter, Research Articles etc that have been supplied to you under our terms of service provision to you, remembering at all times that these are for your sole use.
2. We may terminate your membership if we consider your use of the website is in any way contrary to our rights or that your actions have caused or might cause cyber-attacks, denial of service attacks or otherwise might interfere with its proper working or the access and service rights of others.
3. If we do decide to terminate your membership we may do so immediately in order to limit possible damage to the website or our reputation but we will contact you as soon as possible via your email address (should that prove to be possible) and explain the reason for our action. You would then have a lawful right to plead your case. Our only liability in this case would be to the extent of any monies that you have paid to us for your current period of service.
4. We reserve the right to refuse to accept registration by a prospective member on our website and the fact that such a person may be able to actually register does not limit our rights in this matter. In such instance where we had just cause to refuse registration we would contact you as soon as possible via your email address (should that prove to be possible) and explain the reason for our action. You would then have a lawful right to plead your case. We are not obliged to explain the reasons for our actions in any case.
5. Termination of renewable services. We recognise that you have the right to terminate a renewable service when you wish. We recommend you to do so by cancelling via your PayPal account (we will be informed of this event and the site will automatically adjust to take account of this – it will not terminate your access before the current period of access rights has come to an end). To do this PayPal state: “You may cancel a recurring payment at any time up to 1 business day prior to the date that payment is scheduled to be made. To cancel a recurring payment, log in to your Account, access the "My Account" tab, then access the "Profile" tab, then access the "Financial information" column and click on “My Pre-approved payments" and follow the instructions to cancel the payment”.
If you prefer, you may send us an email via our ‘Contact Us’ page and we will handle the matter for you and report back to you when we have done so. This could impose a delay on the process so we do not recommend it.
Images of digital content or services on our website are for illustrative purposes only and serve only to indicate the nature of the content, not the physical form in which it is delivered to you (which will always be in digital format by definition) so, to be precise, an illustration of a ‘book’ in 3D or 2D does not mean you will receive a physical copy of a book.
These terms and conditions and the contract are subject to English law.
Model cancellation form
(please print and post or email a copy)
I/We[*] hereby give notice that I/we[*] cancel my/our[*] contract of sale of the following goods[*] /for the supply of the following service[*], …………………………………………………………
Ordered on[*]/ received on[*], …………………………………………………………………………………………
Name of consumer(s), ………………………………………………………………………………………………………
Address of consumer(s), ……………………………………………………………………………………………………
Signature of consumer(s) (only if this is notified on paper)………………………………………………..
[*]Please delete as appropriate
A PDF COPY MAY BE DOWNLOADED HERE
Original version 1.0
Now completely updated in the light of the Consumer Contracts (Information, Cancellation and Additional Changes) Regulations 2013 (which came into effect on 13th June 2014).
This version 2.0
Acknowledges the changes brought in by the Consumer Contracts Regulations (CCR’s) and takes the opportunity to clarify and describe more fully the Terms and Conditions pertaining to the use of this site and its services.