1.1 EBooks4Kidz Limited ("EBooks4Kidz") makes no representation that any information on this EBooks4Kidz website (the "Website") is appropriate for use outside the United Kingdom. These terms are intended to be governed by English law. If you access this Website from any other location it is your responsibility to comply with any applicable local laws. You agree to use this Website for lawful purposes only.
1.2 Whilst EBooks4Kidz have taken all reasonable endeavours to ensure the accuracy and completeness of the information on this Website, we can give no further warranty and make no representation or undertaking regarding the accuracy or completeness of the content of this Website or any content of any other website referred to or accessed by hypertext link through the Website (“3rd party site”). Further, we will use all reasonable endeavours to ensure the Website is available but no warranty is given that the Website shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.
1.3 Access to and use of this Website is at your own risk. We do not warrant that the use of this Website will not cause damage to any property, including but not limited to loss of data, loss of use or computer virus infection.
1.4 This Website may also include typographical errors that will be corrected as they are discovered at the sole discretion of EBooks4Kidz. We do not warrant that the Website will be free of viruses or does not contain any other harmful matter.
1.5 EBooks4Kidz does not endorse or approve the content of any 3rd party site, nor will EBooks4Kidz have any liability in connection with any of them (including, but not limited to, liability arising out of any allegation that the content of any 3rd party site infringes any law or the rights of any person or entity).
1.6 EBooks4Kidz shall not be liable for any amendments made to the Website by any unauthorised third party.
1.7 Under no circumstances shall Ebooks4kidz, nor our affiliates, staff, agents or suppliers, be liable for any damages, including without limitation, direct, indirect, incidental, special, punitive, consequential, or other damages (including without limitation loss of profits, lost revenues, or similar economic loss), whether in contract, tort, or otherwise, arising out of the use or inability to use the materials available on this Website or any 3rd party site, even if EBooks4kidz are advised of the possibility thereof, nor for any claim by a third party.
2 Trade Marks
2.1 All brand names, product and service names and titles used on the Website are trade marks and trade names of their respective owners. No permission is given by EBooks4Kidz for their use by you accessing the Website and such use may constitute an infringement of the relevant owner's rights
3.1 The copyright in this Website belongs to EBooks4Kidz. All other intellectual property rights are reserved. Materials are copyrighted and are protected by worldwide copyright laws and treaty provisions. The copyright in all designs, logos, text, graphics, sound, photographs and illustrations on the Website is owned by EBooks4Kidz or its content providers. You may download to a local hard disk and print extracts from the Website for your own personal use. If you wish to purchase an E-Book you will be required to read and agree to our Terms and Conditions of Sale.
3.2 Unless for personal use, reproduction of part or all of the contents of the Website in any form is prohibited. None of the content of the Website may be copied or otherwise incorporated into or stored in any other Website, electronic retrieval system, publication or other work in any form (whether hard copy, electronic or other).
4.1 Unauthorised attempts to upload information or change information of the Website is illegal and strictly prohibited.
Terms and Conditions of Sale
Sorry to start our relationship with ‘legalese’ but that’s how it is in this day and age.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY SHALL APPLY TO THE CONTRACT BETWEEN US.
1.1The www.EBooks4Kidz.com and www.wizz-e.com (the "Website") is owned by EBooks4Kidz Limited, a private company registered in England (company number 06617049) whose registered office is at 2nd Floor, 145-147 St John Street, London, United Kingdom, EC1V 4PY.
1.2 By purchasing and downloading any E-Book and entering into a Contract with us you acknowledge that you have read and you agree to be bound by and comply with these Terms and Conditions. Your statutory rights are not affected.
1.3You should print a copy of these Terms and Conditions for your future reference.
2.1 The following definitions apply in these Conditions:
"Contract" means the contract for the E-Book formed by our acceptance (which however made or communicated, shall be deemed made the subject to these Terms and Conditions) of your Order;
"E-Book(s)" means the ebook or ebooks and any software belonging to us which forms part of the ebook(s) which is the subject of your Order;
"Intellectual Property" means patents, registered designs and any rights to apply for the same, copyright, trade marks, design rights, database rights, rights in and to confidential information and know-how and any similar rights subsisting anywhere in the world at any time;
"Licence Key(s)" means any information we provide you with in order to enable you to access an E-Book including, but not limited to, any licence key code or password;
"Order" means the order placed by you for the E-Book(s)
"Working Days" means all days other than Saturdays, Sundays and UK bank holidays;
"you", "your" means the person ordering an E-Book under these Terms and Conditions.
3 Purchase of E-Books
3.1 The placing of an E-Book on our Website is an invitation to accept offers for such E-Book and is not an offer to sell at the listed price nor is it binding on us. We are under no obligation to accept your Order (whether or not the Order has been confirmed and the debit or credit card been charged).
3.2 Please note that the details and/or specification for an E-Book, as set out on the Website, are subject to change without notice.
3.3 We will acknowledge your Order by email at the time you place your Order. Please note that this does not mean that your Order has been accepted. We will then notify you whether we have accepted your Order. At the same time if we have accepted your Order we will send you the Licence Key(s) by email to your email address in order for you to access the E-Book.
4.1 We grant to you as from the date on which we accept your Order a non-exclusive, non-sub-licensable, non-transferable, limited, revocable licence to access the E-Book on the Website using the Licence Key and download one copy of the E-Book on a single computer for the sole purpose of viewing the E-Book for your own personal private use. You may not transfer the E-Book to or share the E-Book with any other person or computer.
4.2 You acknowledge and understand that the E-Book may not be consistent across all platforms and that the performance and some features may vary depending on your computer and other equipment.
4.3 You shall:
(a) keep the Licence Key(s) secret and confidential at all times and not disclose or share it with any other person. Responsibility for the security of the Licence Key(s) rests with you;
(b) not copy the whole or any part of the E-Book or any Licence Key(s) except as set out in clause 4.1;
c) not modify, amend, adapt or combine the whole or any part of the E-Book with any other software, source code or documentation otherwise than with our prior written consent.
4.4 We may terminate your Contract at any time by giving you written notice if you breach the terms of the licence as described in clause 4.
5 Cancellation of contract by you
5.1 You may cancel the Contract at any time up to and including the seventh Working Day after which you receive the E-Book (and the Licence Key) by notification in writing via email to customerservice‘at’ebooks4kidz.com.
5.2 In the event that the Contract is cancelled, for whatever reason, you undertake to delete or destroy all records of any E-Book, including but not limited to any Licence Key(s) for which the refund or replacement relates and not to use any such Licence Key(s) to access any E-Book.
6.1 Provided you have complied fully with any and all instructions supplied with the E-Book, including, but not limited to, any Licence Key(s) where applicable, and except as stated in clause 6.4 if once an E-Book has been supplied to you and/or accessed by you, you discover the E-Book to be defective, please notify us straight away via email at customerservice‘at’ebooks4kidz.com as soon as you become aware of such defect.
6.2 We will at our option provide you with a replacement E-Book and/or replacement Licence Key(s) or refund you for the price paid for any E-Book which is found (and verified by us) to be defective upon being supplied or accessed for a period of one month following the date of your Order.
6.3 Risk in the E-Book passes to you when the E-Book and the Licence Key(s) are supplied to you. We accept no responsibility for any damage or loss to the E-Book after risk passes.
6.4 We agree to use all reasonable endeavours to ensure that the E-Book and your use of the E-Book will be virus free by running up to date virus checking software prior to granting you access to the E-Book. However, we do not warrant that the E-Books will be free of viruses.
6.5 Except for any warranties expressly set out in these Terms and Conditions any warranties, conditions or representations whether implied by statute or otherwise (including, without limitation, fitness for purpose or satisfactory quality) shall be excluded to the fullest extent permitted by law.
7 Prices and Payment
7.1 The price for the E-Book is as set out on the Website and is inclusive of VAT.
7.2 Payments must be made by credit or debit card or such other options made available by the payment processor and we shall not allow you access to the E-Book until we receive confirmation of payment.
7.3 Your payment will be processed by a secure connection at the time you place your Order on the relevant section of the Website.
7.4 We will inform you as soon as practicable if we cannot supply the E-Book and/or Licence Key(s) as applicable within 30 days of your Order and you may agree an alternative time frame or you may cancel the Order. In no event shall we be liable to you for any losses you may have for any delay in you being able to access or download the E-Book.
7.5 If you download the E-Book whether from the Website or otherwise and/or access the E-Book for use outside the UK, it may be subject to foreign laws and regulations and it shall be your responsibility to ensure prior to download and/or access on the Website that the E-Book is not in breach of any such law or regulation and you must comply with all applicable laws and regulations of the country for which the E-Book is destined. We will not be liable for any breach by you of any such laws.
8.1 Whilst we have taken all reasonable endeavours to ensure the accuracy and completeness of the information on this Website, we can give no further warranty and make no representation or undertaking regarding the accuracy or completeness of the content of this Website. Further, we will use all reasonable endeavours to ensure the Website is available but no warranty is given that the Website shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.
8.2 Access to and use of this Website is at your own risk. We do not warrant that the use of this Website will not cause damage to any property, including but not limited to loss of data, loss of use or computer virus infection.
9.1 Except as set out in clause 9.2, we shall not be liable to you in connection with the Contract for losses that are not a reasonably foreseeable consequence of our actions.
9.2 These Terms and Conditions do not exclude our liability (if any) to you for personal injury or death resulting from our negligence, or for fraud, or for any matter which it would be illegal for us to attempt to exclude its liability and do not affect your statutory rights.
9.3 Except as set out in clause 9.2 our total liability to you is limited to an amount equal to the price paid for the E-Book supplied to you under your Order.
10.1 Our secure server software encrypts all your payment card details. The process scrambles all the information, allowing no unauthorised third party to intercept the data. Your browser will confirm that you are shopping in a secure environment by showing either a locked padlock icon or an image of a padlock next to the payment details in the relevant area of the Website.
11 Complaints Procedure
11.1 We are very proud of our high standards of customer service however, in the event that we fail in meeting these standards, please do not hesitate to email us at firstname.lastname@example.org. Our aim will always be to deal with your complaint as soon as practicable and make every effort to reach a satisfactory conclusion on your behalf in order to retain your valued custom.
12 Intellectual Property
12.1 All Intellectual Property in this Website and the E-Book belongs to us or the relevant owner. You have no rights to use the Intellectual Property in this Website and/or the E-Book except as specifically set out in these Terms and Conditions.
13 Entire Agreement
13.1 These Terms and Conditions represent the entire understanding relating to the use of the Website and supersede all other statements, representations or warranties (whether written, made by email or oral) made by us. Nothing in these Terms and Conditions shall affect the liability of either party in respect of any misrepresentation, warranty or condition that it makes fraudulently. Any rights not expressly granted in these Terms and Conditions are reserved by us.
14.1 If any provision of these Terms and Conditions are found to be invalid or unenforceable by a court, it will be severed from the rest of these Terms and Conditions which shall remain unaffected.
15.1 If we fail, at any time during the term of the contract, to insist upon strict performance of any of your obligations under the contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
16 Third Party Rights
16.1 A person who is not a party to this contract is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
17 Force Majeure
17.1 We shall not be liable to you for any delay in, or failure of, performance of our obligations under these Terms and Conditions arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.
18 Law and Jurisdiction
18.1 These Terms and Conditions will be governed by and construed in accordance with English law. Where disputes arise in relation to this Website we and you shall submit to the exclusive jurisdiction of the English courts except that we may bring proceedings for an injunction in any jurisdiction.
18.2 Certain provisions contained in these Terms and Conditions may be disallowed by the laws of the country from which you are accessing the Website. If any provision is unenforceable or invalid then the provisions of paragraph 14 shall apply.
19 Contact Details
19.1 EBooks4Kidz Limited
Terms and Conditions of Sale and Terms and Conditions of Use are the copyright of Ebooks4Kidz Ltd. Any reproduction in whole or in part without prior permission will breach copyright laws.