Acceptance of these Terms and Conditions also implies acceptance of the End User Licence Agreement. Please read the End User Licence Agreement before accepting these Terms and Conditions.
In these Terms and Conditions the following words and expressions shall have the meanings set out next to them:
“Service” means the Talking Mats products and services and/ or ancillary material available for purchase on this Website;
“End User Licence Agreement” (or “EULA”) means the document available on this Website that includes terms and conditions of use of any Service purchased by you on this Website;
“Event Outside Our Control” means any act or event beyond our reasonable control[, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
“Terms and Conditions” means these terms and conditions of sale;
“we” or “us” or “our” means Talking Mats Ltd., a company incorporated in Scotland (Company No. SC399879; VAT No. 118377991) with its registered office and main trading address at 2, Beta Centre, Stirling University Innovation Park, Stirling, FK9 4NF, Scotland;
“Website” means the whole or any part of the website controlled or operated by us and located at www.talkingmats.com or any subsequent URL which may replace it; and
“you” or “your” means a party that uses the Website to purchase Service.
Conditions of Purchase
These Terms and Conditions apply to the purchase of all and any Service on this Website and by placing an order for any Service on this Website you agree that such purchase will be subject to and you will be bound by these Terms and Conditions.
Acceptance of Orders for Goods
When you place an order on this Website to purchase the Service from us to be accessed or downloaded by you from this Website for use by you, and/or to be delivered by post to you, we will send you an e-mail confirming receipt of your order which will contain the details of your order. Your order to purchase Service from this Website represents an offer by you to us to purchase this Service which, notwithstanding the taking of payment from you by us for such a Service, is only accepted by us to form a contract between you and us when we send to you a further e-mail, in addition to the e-mail confirming receipt of your order, that explicitly confirms that we have accepted your order. This further e-mail is your “Order Confirmation”.
In the event that we take payment from you before the relevant contract between you and us is formed and thereafter we do not accept your order and/ or do not issue an Order Confirmation to you, we shall make a full refund of your payment to you. Any Service on the same order which we have not confirmed in an Order Confirmation does not form part of that contract.
We retain the right to refuse to accept your order solely at our discretion. If we are concerned that you are attempting to place an order dishonestly, fraudulently, by impersonating someone else or are attempting to use payment details that have been stolen, we will make additional checks as to your standing and if appropriate involve external authorities.
Some Services or special offers may be subject to availability and could change before we accept your order; however, they will not change after we accept your order.
If we do not have the Service that you have ordered from us then we may invite you to submit a fresh order for an alternative.
All Services purchased on this Website by you are subject to the terms and conditions of the End User Licence Agreement which you must accept – by accepting these Terms and Conditions – before completing your order for any such Service.
If for any reason a court of competent jurisdiction finds that any provision or portion of these Terms and Conditions to be illegal, unenforceable, or invalid under applicable law in a particular jurisdiction then: (i) these Terms and Conditions will not be affected in other jurisdictions to the extent that such determination or finding has no application; and (ii) in the relevant jurisdiction, the remainder of these Terms and Conditions (to the fullest extent permitted by law) will continue in full force and effect.
Your order will be fulfilled by the estimated delivery date set out in the Order Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
Completion of delivery
This clause specifies that delivery will be complete when the goods are delivered to the address given, which allows for receipt by any member of the consumer’s household or the business customer’s workplace.
If no one is available at your address to take delivery, we will leave you a note that the Service have been returned to our premises, in which case, please contact us to rearrange delivery.
Failure to deliver
The Service will be your responsibility from the completion of delivery. You own (or, subject to the EULA, enjoy a licence to use) the Service once we have received payment in full, including all applicable delivery charges.
Right to Cancel
In relation to purchases made by you of Services from this Website that are delivered to you by post (“Delivered Items”), you have the right, if you are a consumer and subject to the next paragraph of these Terms and Conditions, to cancel the contract with us for supply of such Delivered Items within seven days of the day after the date on which the relevant Delivered Items are delivered to you. In order to cancel a purchase of Delivered Items you must notify us of such cancellation of such purchase within such seven-day period and we will then instruct you how to return the Delivered Items to us and we will arrange for a full refund of the sums you have paid in relation to such Delivered Items. However you shall pay the costs of return of the Delivered Items to us (which we may deduct from your refund) unless the Delivered Items are faulty or not as described. Please note that whilst you are in possession of any such Delivered Items you have a duty to take reasonable care of them.
To cancel a contract in accordance with your legal right to do so, you must contact us in writing by sending an e-mail to firstname.lastname@example.org or by sending a pre-paid letter to Talking Mats Ltd., 2, Beta Centre, Stirling University Innovation Park, Stirling, FK9 4NF, Scotland. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
Your right to cancel under this section of these Terms and Conditions will cease to apply to any Delivery Items that you have unsealed as soon as you have unsealed them, where the Delivery Items in question comprise software, DVDs or CDs bearing a security seal.
In relation to purchases made by you of Services from this Website that are software or documents to be downloaded (“Downloaded Items”), if you are a consumer you have the right to cancel the contract with us for supply of such Downloaded Items without charge and without any reason before downloading the Downloaded Items. However, you will lose the right to cancel the contract once you begin to download the Downloaded Items. This does not affect your consumer rights for defective Downloaded Items.
Please see the End User License Agreement (section 7) for additional rights of termination for both Delivered Items and/or Downloaded Items.
Training Cancellation and Changes
Cancellations made between 2 and 4 weeks before the event will be charged 50% of the total booking fee. Any cancellations less than 2 weeks before the event will be charged the full amount.
Substitution of delegates is acceptable at any time. In the event of cancellation by the organisers, liability will be restricted to refund of the fees paid. It may be necessary for reasons beyond the control of the organisers to make changes to speakers, content or timing of the programme.
By placing an order for any Service on this Website, you represent to us that:
• the information and any part thereof provided by you to us when placing your order is up-to-date, materially accurate and is sufficient for us to fulfil your order; and
• you have full legal capacity to enter into a contract.
You are solely responsible for maintaining and promptly updating your account information with us for accuracy and completeness and for keeping such information (and any passwords given to you for the purposes of accessing the Website and/ or purchasing Services on the Website) secure against unauthorised access by any other parties.
Except if otherwise agreed by us or required by applicable law, any warranties provided in relation to any Service purchased by you on this Website (whether or not included in the End User Licence Agreement) only extends to you on the understanding that you are a user of such a Service and that you are not a reseller of such Service.
No warranty, commitment or any other obligation by us to you should ever be assumed by you on our behalf without our express prior written consent.
All pricing on this Website is, unless otherwise indicated, in pounds sterling. Our pricing is, unless otherwise stated, inclusive of UK Value Added Tax.
This Website contains a large number of Services and it is always possible that, despite our best efforts, some of the Services listed on this Website are incorrectly priced. We verify the prices included in your order to us as part of our processing procedures so that, where any Service is incorrectly priced we may, at our discretion, either contact you for your instructions in relation to your order or reject your order and notify you of such rejection.
The price of the Service shall be the price specified by us in the Order Confirmation we issue to you.
We reserve the right, before the Order Confirmation is dispatched, to change the price of the Service.
You may have a discount voucher or code for some products (“Discount”). If this is the case please note that:
• Only one Discount may be used per customer per transaction.
• Discounts are only valid until the date published and are subject to any applicable terms and/ or conditions.
• We reserve the right to end any Discounts at any time including prior to the advertised end date without notice.
Personal Information and Privacy
We will observe all applicable data protection laws and any information, submitted by you to us as part of your order for the Service on this Website, that does or can be used to personally identify you (“Personal Data”) will be used by us in relation to your order and by placing an order for Services on this Website you consent to such Personal Data being processed to fulfil your order accordingly.
Additionally, by placing an order for Services on this Website you consent to our use of your Personal Data for the purpose of us contacting you to inform you of any of our products and or offers which we consider you may be interested in. You can revoke the foregoing consent at any time by contacting us and informing us that you no longer wish us to use your Personal Data for such purposes.
Events Outside Our Control
If an Event Outside Our Control takes place that affects the performance of our obligations under a contract governed by these Terms and Conditions: (a) we will contact you as soon as reasonably possible to notify you; and (b) our obligations under that contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Service to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
Communications Between Us
If you wish to contact us in writing for any reason, you can send this to us by e-mail at email@example.com or by pre-paid post to Talking Mats Ltd., 2, Beta Centre, Stirling University Innovation Park, Stirling, FK9 4NF, Scotland.
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
Other Important Terms
We may transfer our rights and obligations under a contract governed by these Terms and Conditions to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions.
This contract is between you and us. No other person shall have any rights to enforce any of its terms. Note: Third party rights
Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
The Talking Mats illustrative symbols are copyright of Adam Murphy 2013 and owned by Talking Mats Limited. They cannot be reproduced without the express permission of Talking Mats Limited.
Governing Law and Jurisdiction
The construction, validity and performance of these Terms and Conditions shall be governed by Scottish Law and by purchasing Services on this Website you submit to the exclusive jurisdiction of the Scottish Courts provided that such exclusive jurisdiction shall not apply to the extent that any applicable law in your country of residence requires application of another jurisdiction that cannot be excluded by contract.