ISEB WEBSHOP
Please read the following Terms and conditions for usage of our site very carefully. Your use of Service is subject to your acceptance of and compliance with the following Terms and conditions (“Terms”). By subscribing to or using any of our Services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the Services. If you do not want to be bound by the Terms, you must not subscribe to or use our Services. In these Terms, references to “you”, “User” shall mean the end user accessing the Website, its contents, using the Services offered or making purchases through the Website. “We”, “us” and “our” shall mean the Independent Schools Examination Board (‘ISEB’), its franchisor, affiliates and partners.
Introduction:
1. The www.iseb.co.uk website (“Website”) is an Internet based content and e-commerce portal operated by The Independent Schools Examination Board; a company incorporated under the laws of the UK.
2. Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time-to-time. iseb.co.uk at its sole discretion reserves the right not to accept a User from registering on or purchasing from the Website without assigning any reason thereof.
User Account, Password, and Security:
You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify iseb.co.uk of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. iseb.co.uk cannot and will not be liable for any loss or damage arising from your failure to comply with this.
Services Offered:
iseb.co.uk provides a number of internet-based Services through the Website (all such Services, collectively, the “Service”). One such Service enables users to purchase original merchandise such as printed exam papers (collectively, “Products”). Upon placing an order iseb.co.uk shall ship the Product to you and be entitled to its payment for the Services.
Privacy Policy:
The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of iseb.co.uk the Website. The User further consents that the terms and contents of such Privacy Policy are acceptable to him.
Product Terms & Conditions:
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, Products or software obtained from the Website.
– Limited reproduction and copying of the content of the Website is permitted provided that iseb.co.uk’s name is stated as the source and prior written permission of iseb.co.uk is sought.
– For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
– Multiple downloading of digital content is restricted to those Users who have purchased a subscription which expressly permits this, or where additional permission has been sought and given. For the avoidance of doubt no subscription permits downloading from more than ONE physical site
– Products are licensed for either
User Conduct and Rules:
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper or to purchase commercial Products or Services. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
3. Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
4. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
5. Conduct or forward surveys, contests, pyramid schemes or chain letters; Download any file posted by another User of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
6. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
7. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
8. Violate any applicable laws or regulations for the time being in force; and
9. Violate any of the Terms and conditions of this Agreement or any other Terms and conditions for the use of the Website contained elsewhere herein.
Exactness not Guaranteed:
iseb.co.uk hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the User. The quality of any Products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. In the case of any significant material damage to the Product, the customer must send photographic evidence of the damaged Product via email to iseb.co.uk within 7 days of receiving the Product. A representative from iseb.co.uk will review the evidence, and if it is found valid, iseb.co.uk will send an email communication to you requesting for a replacement. You agree in this instance, that iseb.co.uk will make the final judgment on whether a Product has been significantly damaged.
Intellectual Property Rights:
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, iseb.co.uk owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, Service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to iseb.co.uk without obtaining authorization from iseb.co.uk.
Links to Third Party Sites:
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of iseb.co.uk or the Website and iseb.co.uk is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. iseb.co.uk is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. iseb.co.uk is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by iseb.co.uk or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
Disclaimer of Warranties/Limitation of Liability:
iseb.co.uk has endeavoured to ensure that all the information on the Website is correct, but iseb.co.uk neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, Product or Service. In no event shall iseb.co.uk be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the User’s transmissions or data; (c) any other matter relating to the Services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall iseb.co.uk be responsible for the delay or inability to use the Website or related Services, the provision of or failure to provide Services, or for any information, software, Products, Services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, iseb.co.uk shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond iseb.co.uk’s control. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the pre-set limit mutually agreed by us with our acquiring bank from time to time
Indemnification:
You agree to indemnify, defend and hold harmless iseb.co.uk from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by iseb.co.uk that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
Pricing:
Prices for Products are described on our Website and are incorporated into these Terms by reference. All prices are in British pounds. Prices, Products and Services may change at iseb.co.uk’s discretion. Any discount code/cashback that is applied on a specific order has a maximum limit of 1 code/coupon/cashback per order.
Refunds:
Due to the nature of digital Products, we can unfortunately not offer refunds or returns on any Products once they have been purchased. If you are unsatisfied with the Product or are facing technical issues or have any other concerns, please contact us at info@iseb.co.uk and we will be delighted to help resolve the problem. Refunds on physical Products will only be made should the Product not be correctly supplied or in a condition whereby correct and proper use is not possible. Please contact iseb.co.uk within 7 working days of receipt of the goods with the appropriate evidence of incorrect supply or sub-standard quality.
Shipping:
Title and risk of loss for all Products ordered by you shall pass on to you upon iseb.co.uk’s shipment to the shipping carrier where the Product is in a physical form.
VAT:
Orders of digital and physical products placed by customers located outside of England, Scotland, and Wales may be subject to local VAT rules and regulations. Compliance with these local VAT rules and regulations is the customers responsibility.
Termination:
1. iseb.co.uk may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion, that you have breached any of the Terms.
2. If you or iseb.co.uk terminates your use of the Website or any Service, iseb.co.uk may delete any content or other materials relating to your use of the Service and iseb.co.uk will have no liability to you or any third party for doing so.
3. You shall be liable to pay for any Service or Product that you have already ordered till the time of Termination by either party whatsoever.
Governing Law:
These Terms shall be governed by and are constructed in accordance with the laws of the UK without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts in the UK.
Headings:
The headings and sub-headings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
Interpretation of Number and Genders:
The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to the Terms as a whole.
Severability:
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision, and all other provisions of these Terms shall continue to be in full force and effect.
