spearean interactive Limited spearean.co.uk - Terms and conditions of sale PLEASE READ THIS DOCUMENT BEFORE USING WWW.SPEAREAN.CO.UK WEBSITE OR RELATED SERVICES. By using the spearean.co.uk site or services constitutes your agreement to the terms and conditions set out below. If you do not wish to be bound by these terms and conditions, do not use the spearean.co.uk site or services and you should exit immediately. Definitions Supplier means SPEAREAN INTERACTIVE LIMITED of registered office at 1 WARWICK ROW, LONDON SW1E 5ER that owns and operates www.spearean.co.uk Buyer means the individual or organisation who buys or agrees to buy the Services from the Supplier Consumer shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977. Contract means the contract between the Supplier and the Buyer for the provision of Services incorporating these Terms and Conditions. Services means the services that the Buyer agrees to buy from the Supplier. Terms and Conditions" means the terms and conditions for the provision of Services set out in this agreement and any special terms and conditions agreed in writing by the SPEAREAN INTERACTIVE LTD. Website means www.spearean.co.uk Conditions These Terms and Conditions shall NOT affect the Buyer’s statutory rights as a Consumer. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be only be applicable if agreed in writing by the Supplier. Any complaints should be addressed to the Supplier's address firstname.lastname@example.org Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement. These Terms and Conditions shall apply to all contracts for the provision of Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer. Price and payment The price of the Services shall be that stipulated on the Website. The price is inclusive of VAT. The total purchase price, including VAT, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order. After the order is received the Supplier shall confirm by email the details, description and price for the Services. Payment of the price must be made at the time of purchase and immediately prior to the supply of services. Payment must be made without deduction or set-off. Ordering All orders for Services shall be deemed to be an offer by the Buyer to purchase Services under these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason when making an order through the Website; the technical steps the Buyer needs to take to complete the order process are described in the order process section. Rights of supplier The Supplier reserves the right to periodically update prices on the Website, and these prices cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order. The Supplier reserves the right to withdraw the Services from the Website at any time. The Supplier shall not be liable to anyone for withdrawing the Services from the Website or for refusing to process an order. Performance The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible. The Services are subject to an initial contract period of 7 Days for the streaming of Macbeth’s Disciple. The Supplier may terminate this agreement (as regards some or all of the Services) or suspend some or all of the Services immediately on written notice if the Buyer breaches any term of this agreement, and any payment due remains payable and, if already paid, will be non-refundable. Age of consent If the buyer is under 18 years of age; please have parents or legal guardians review these terms and conditions and explain them. You will need to be at least 18 years of age to purchase the film Macbeth’s Disciple and if you are under 18 years; purchase will need to done by a parent or guardian. The Buyer will be entirely responsible for maintaining the confidentiality of his/her password and account. Notice to parents and guardians; parts of the film Macbeth’s Disciple contain violence and potentially scary subject matter to some people. Spearean interactive takes no responsibility for the filtering of this information to under 18 year olds and this must and does remain the responsibility of the parent of guardian. If the Supplier discovers that the Buyer is not legally entitled to order certain Services, the Supplier shall be entitled to cancel the order immediately, without notice. Limitation of liability Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever. Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees. Waiver No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this agreement shall prejudice its rights to do so in the future. Force Majeure The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire or failure of any communications, telecommunications or computer system, and the Supplier shall be entitled to a reasonable extension of its obligations. Severance If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated. Changes to terms and conditions The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase. Any renewal of the Services will be subject to the Supplier's then current Terms and Conditions. Governing law and jurisdiction These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts. Special conditions Spearean interactive has provided a film and accompanying notes based on their extensive knowledge and passion for Shakespeare’s story of Macbeth. The views of spearean interactive may not be the views expressed by teachers and examiners and buyers/subscribers to this site remain responsible for the content they provide/write of any examination or assignment coursework they undertake. The services are provided in its present condition and on an ‘as available’ basis, Without limitation, the supplier makes no warranty that the services will meet your requirements, that they will be uninterrupted, timely, secure, or error free By using the Services, the buyer agrees to receive from the seller all communications including notices, agreements, legally required disclosures or other information in connection with the Services electronically. Any material downloaded or streamed or otherwise obtained through the use of the services, including emails is done at the buyers risk and the buyer will be solely responsible for any damage to the buyers computer system or loss of data that results from the download or streaming or use of any such material. It is your responsibility to ensure you have adequate free disk space to download the video file, which is approximately 750 MB in size. Further, please note that no advice or information obtained by the buyer from SPEAREAN personnel or through the services shall create any representation, warranty or guaranty not expressly provided for in these terms of service. Intellectual Property The buyer acknowledges that the SPEAREAN Site and Services contain information, video, photos, text, graphics, music, sounds or other material that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. The buyer is permitted by the seller to access and use the Services, the buyer may download/stream the materials on any single computer for the buyers personal, non-commercial home use only, provided the buyer keeps intact all copyright and other proprietary notices, and are in compliance with these Terms of Service. The buyer can use in a non-profit institution/school providing an annual license is purchased for such use or unless written permission has been granted by the seller in advance. For full details of one year public licence for schools and non-profit institutions please write to email@example.com unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other Web site or networked computer environment is strictly prohibited. © spearean interactive ltd 2009 All rights reserved.