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Terms and Conditions |
| INTRODUCTION This is a legally binding Agreement for the provision of Services between You and Steve Gears Associates, the owner and manager of TheWebTrainer.com and UKProblemSolver.com web sites. Access to, and use of the Services is governed by these Terms and Conditions (the "Agreement"). By accessing or using TheWebTrainer.com or UKProblemSolver.com Services, you indicate your assent to be bound by the Agreement, and your acknowledgement of and agreement to its terms. 1. DEFINITIONS In these Terms & Conditions the following words have the following meanings unless the context requires otherwise: 1.1 "Agreement" means the Agreement between You and Us incorporating these Terms & Conditions for the provision of the Services; 1.2 "Liability" means Liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities; 1.3 "User" means any person who makes use of the Services, and/or browses the information and/or material contained in the Services, and by making such use, is deemed to have read, understood and agreed with the specific Terms & Conditions and the general intent thereof; 1.4 "Customer" means any person who purchases a product or service for which payment is made directly to Steve Gears Associates via the Steve Gears Associates Ordering and Payment System. For the purposes of this agreement, when You make payment to a third party for their products or service, You are not a customer of the Steve Gears Associates Services, regarding those third party products and service; 1.5 "Advertiser" means any person or organisation who has made payment to Steve Gears Associates, for the display of any format of advertising material on TheWebTrainer.com, or UKProblemSolver.com web sites; 1.6 "We", "Us", "Our" means Steve Gears Associates, the owners and manager of the SGears.co.uk, TheWebTrainer.com and UKProblemSolver.com web sites; 1.7 "You", "Your", "Yourself" means the person who uses the Steve Gears Associates web sites and services; 1.8 "The Websites" means SGears.co.uk, TheWebTrainer.com or UKProblemSolver.com website; 1.9 "Post" means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on the Services, and the phrases "Posted" and "Posting" shall be construed accordingly; 1.10 "Services" means Steve Gears Associates products, service, information and other materials provided by Us to You, via either the SGears.co.uk, TheWebTrainer.com, or the UKProblemSolver.com web sites. 2. BASIS OF CONTRACT 2.1 By using the site in any way You agree to abide by the Terms & Conditions. 2.2 We give you limited permission to access and use the Services for your personal use only. You may print a copy of the information displayed on The Websites for your personal use only. You may not use any information or other materials found on The Websites for any commercial purposes, without express permission from Us. You may not mirror on your own Web site any portion of the Services or other information from the Services without Our express permission. 2.3 Your right to access the Services is subject to any limits established by Us. You agree that you will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, modify, or copy the Services except those automated means expressly made available by Us, if any, or authorised in advance and in writing by Us (for example, Our approved third party tools and service). 2.4 The Websites contains robot exclusion files and you agree that you will not use any device, software or routine to bypass our robot exclusion files, or to interfere or attempt to interfere with the proper working of the Services. 2.5 Without limitation to the foregoing, you further agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure (as determined by Us, or Our web / e-mail / domain hosting providers). 2.6 We agree to provide and maintain The Websites, and use reasonable efforts to ensure the availability of the information and content, including links, that is made available through the Services. However, the Services are composed of some content not offered by Us. We do not control (i) the quality, safety or legality of items available through or on advertisers' Web sites or sites of third parties not in privity of contract with Us, (ii) the truth or accuracy or legality of the content from those advertisers or those third parties (even if such content appears on the Services), or (iii) the availability or technical capabilities of their web sites or links to those web sites. 2.7 Nothing contained in any of the Services is a promise to sell a specific product for a specific price other than those items which are supplied by Us and which appear on the Steve Gears Associates Order and Payment System, or that any advertiser will sell any product or service for any purpose or price or on any specific terms. 2.8 Steve Gears Associates is not involved in any transactions between you and any of its advertisers or third parties, and is not responsible for, and do not accept any liability arising from them. We do not guarantee the price, performance, terms, or availability, of any product, goods, service or information offered by any advertiser or third party. If you have a dispute with one or more advertisers or third parties, you agree to release and hereby release Steve Gears Associates (and Our officers, directors, agents, subsidiaries, affiliates, employees, successors, assigns, content providers and service providers) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with such disputes. 2.9 You may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell or otherwise misuse any information, products, or service obtained by your use of the Services, except as set forth above. 2.10 We reserve the right to change any information, features and functions of The Websites and Services as deemed necessary or desirable, without prior notice. 2.11 We reserve the right to remove for any reason any information, graphics and/or other material, which is deemed unacceptable for The Websites. 2.12 We may deny you access to all or part of The Websites or Services without prior notice if you engage in any conduct or activities that We determine, in Our sole discretion, violate this Agreement, Our rights, or any third parties rights, or is otherwise inappropriate. 2.13 We reserve the right to refuse any request for purchase or service. 2.14 We may amend this Agreement at any time without notice, by posting the amended terms on The Websites. This Agreement may not be otherwise amended except in a written document signed by You and Us, or where We specifically issue an additional, special agreement where we state that the terms of the special agreement supercede certain specific clauses of this Agreement. 2.15 You shall be responsible for the accuracy of any information supplied to Us, which is necessary for Us to perform one or more Services for You. 3. PAYMENT, PRICES & REFUNDS 3.1 The prices of Services supplied directly by Us are shown on the Order System, and other sales related pages of The Websites. We reserve the right to vary these prices at any time. 3.2 Our preferred method of payment is by credit/debit card. Payment is made by a secure server, which will encrypt Your transaction for Your security. We do not hold credit card numbers once the transaction has been approved. 3.3 All credit/debit card payments must be made in either £ Sterling, US Dollars ($) or Euros (€). All transactions are based on the £ Sterling price, and all non Sterling payments will be translated by your credit card provider into your local currency at an appropriate exchange rate at the time of the transaction, as defined in their service agreement with You. Any complaint regarding the exchange rates, foreign exchange service charges, or any other issues relating to Your use of Your credit card must be directed to Your credit card/debit card provider. 3.4 Payment will also be acceptable by cheque, money/postal orders in £ Sterling, as displayed on our Order Payment System, and must be made payable to 'Steve Gears Associates'. 3.5 All payments are subject to our 30 day money back guarantee. If you you want a refund for a Product/Service purchased from Us, please notify Us initially using our contact form within 30 calendar days of purchase, and We will refund the amount in full. In order for us to action the refund, We require you destroy all copies (on any and all media) of the Product in question. You should then email us a copy of your electronic receipt for the Product/Service you wish to have refunded, and to add the following explicit statement
where you replace <Product Name> by the name of the Product for which the refund is required. Where Your receipt lists more than one of Our Products or Services, please state very clearly which Product/Service you want the refund for. We would appreciate useful feedback as to why you no longer want to use the Product/Service, to allow us to make improvements, but this is optional and will not affect your refund. The refund will credit the credit card used to make the original purchase. In the case of a purchase payment made by cheque, the refund will be made as a £ Sterling cheque made out to the name, and returned to the address, stated on the original order form. 3.6 Delivery of products or services purchased via The Websites Order Payment System will not be performed until We have received cleared funds in respect of the full amount outstanding. For Customers making payment by credit/debit card, this will normally mean immediate delivery upon authorisation of funds. Customers paying by cheque money/postal order should allow a minimum of 14 days from the date of receipt by Us, and only if a suitable e-mail address is provided to allow digital delivery of Our products or services. 3.7 Our UK £ Sterling pricing is exact. Any foreign currency prices shown on any other page but the WorldPay payment page are approximate and only shown for guidance. We will not be held responsible for exchange rate fluctuations. 4. TERMINATION 4.1 If You do not agree with these Terms and Conditions You should stop using The Websites immediately. 4.2 Users or Customers who give Us their e-mail address will receive further useful information and offers from The Websites by e-mail. To stop receiving such information You may use the unsubscribe feature at the bottom of each e-mail. 4.2 We have the right of termination of this Agreement if You fail to make full payment when due, or if You breach the terms of this Agreement. 4.3 If anyone makes, or attempts to make a fraudulent payment, fraudulent claim for refund, or other illegal use of the Website, all evidence of the fraudulent or illegal action will be given over to the appropriate authorities who will take legal action to prosecute. 4.4 If Our Internet Providers or E-mail systems report that Your e-mail address no longer exists then We may subsequently refuse further business dealings with You, as a security precaution. 5. DISCLAIMER OF WARRANTIES 5.1 The Websites are provided "as is" without warranty of any kind, and We do not provide any warranty in respect of the Services, results, availability, activity and/or uninterrupted use, if for any reason there is an interruption to Our Internet connection, e-mail, or server providers, or if it should become necessary to move The Websites to another server. 5.2 We disclaim any warranties, express or implied, including any warranties of title, non-infringement, merchantability or fitness for purpose and We cannot guarantee that The Websites, or any element of the Services will meet Your requirements or expectations. 5.3 Whilst We make every endeavour to make sure that all information and /or material provided by Us is accurate We do not guarantee that this is the case. 6. LIMITATIONS ON LIABILITY 6.1 We accept no Liability for any defect in the Services caused or contributed to by You and/or third parties. 6.2 We accept no Liability to You arising out of Your use of the Services and/or Your reliance on any information and/or other material Posted on The Websites. 6.3 We accept no liability for any material on web sites We link to as part of the Services. 6.4 We accept no Liability to You arising out of any unauthorised user's misuse of information and/or other material Posted on The Websites. 6.5 Under no circumstances whatsoever shall We be responsible or liable for any loss or damage of any kind whatsoever which You may suffer or incur directly or indirectly through the use of The Websites or Services. 6.6 While endeavoring to protect all sensitive data, We accept no responsibility for information obtained and used illegally by "Hackers" or third parties. 6.7 No copyrighted or trademarked information of names or the site itself will be used, if so, the user of such is subject to liability 6.8 Nothing in this Agreement shall exclude or limit any of Your statutory rights. 7. FORCE MAJEURE We will not be liable or deemed to be in breach of contract by reason of delay or failure to perform any of Our obligations if this delay or failure was due to any cause beyond Our reasonable control. 8. INDEMNITY You agree to indemnify Us against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities suffered by Steve Gears Associates and arising from and/or relating to Your use of The Websites and Services, information and/or other material Posted on The Websites, and/or arising from or due to any breach of contract, any tortious act and/or omission and/or any breach of statutory duty by You. 9. CHOICE OF LAW, WAIVER, AND CLAIMS 9.1 These Terms and Conditions shall be governed by the laws of England and Wales and come under the exclusive jurisdiction of the courts of England and Wales, without regard to its conflict of law provisions. 9.2 Our failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. 9.3 If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. 9.4 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within six (6) months after such claim or cause of action arose or be forever barred. 9.5 All third party rights are excluded and no third parties shall have any right to enforce this Agreement. 10 RIGHTS, COPYRIGHT, TRADE MARKS, AND TRADE MARK DISPUTE 10.1 All copyright and design rights are owned by Us and are not available for use by any other party, unless by prior written consent. 10.2 Steve Gears Associates, The Web Trainer, UK Problem Solver , and all associated domain names, logos, product names, and the slogans used are trade marks or registered trademarks of Steve Gears Associates. Other trade marks are the property of their respective owners. 10.3 We do not arbitrate or resolve trademark disputes among Our advertisers, or between those advertisers and third parties. However, We will promptly comply with an order of a court of competent jurisdiction concerning a trademark issue. 10.4 As between You and Us, We own and retain all ownership of the technology underlying and content within The Websites and Services, and reserves all rights not explicitly granted to you in this Agreement. 10.5 If you use the Services other than as provided above, you may violate copyright and other laws of the United Kingdom, other countries, or regions, and may be subject to penalties. 11 PRIVACY AND DATA COLLECTION You may direct any questions concerning this Agreement or the Privacy Policy to: Steve Gears Associates, Suite 2, 3 Hatfield Road, Watford, Herts WD24 4DA, UK., or use our online contact form. Copyright All material in this site: © 2001 - 2004 Steve Gears Associates. All rights reserved. |
Copyright © 2001 - 2004 Steve Gears Associates