TERMS OF WEBSITE USE
Other applicable terms
- Our PRIVACY & COOKIES POLICY, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
- Our ACCEPTABLE USE POLICY, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
- If you purchase goods from our site, our TERMS & CONDITIONS OF SALE will apply to that sale.
- SUBSCRIPTIONS which sets out the terns for accessing and using additional online teaching and learning material at a dedicated Subscriber User Area on our site.
Information about us
Our site is owned and operated by Qubizm Ltd ("We" or “Us”). We are, a limited company registered in Northern Ireland under company number No. NI 074000.
Our registered office is situated at 41 Grangemore Park, Derry, NI, BT48. Our VAT no. is 152158231
Changes to these terms
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
Changes to our site
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it immediately.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Accessing our site
Our site is made available free of charge. A subscription will generally be payable to access further teaching and learning material within a dedicated registered User Area requiring a login within the site (see SUBSCRIPTIONS).
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
Your account and password
If applicable, and you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Such material is protected by copyright laws and treaties around the world. All such rights are reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following circumstances:
You may print or download to a local hard disk extracts for your personal teaching use within educational establishments to pupils, staff, parents or guardians; in a non-commercial context.
You may further do similarly to provide training, workshops, demonstrations, exhibitions, conferences, seminars, with the prior consent or accreditation by us.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your educational organisation to content posted on our site.
If you wish to make any use of content on our site other than that set out above, please contact: firstname.lastname@example.org
You may NOT, except with our express written permission, commercially distribute or exploit the content. NOR may you transmit it or store it in any other website or other form of electronic retrieval system
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
No reliance on information
The content on our site is provided for general information and instruction only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, assurances, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
Limitation of our liability
To the fullest extent permitted by law, we exclude all implied conditions, warranties, representations and other terms which may apply to our site or any content on it. To the fullest extent permitted by law, we also exclude all express warranties and representations which may be found on our site.
To the fullest extent permitted by law, we will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise howsoever under any legal theory whatsoever, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for, inter alia:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect, special or consequential loss or damage.
If you are a consumer user, please note that we only provide our site in your circumstances for domestic and private use. You agree not to use our site for any commercial or business purposes and, to the fullest extent permitted by law, we have no liability to you for any loss of profits, sales, business or revenue, loss of anticipated savings, business interruption, loss of business opportunity, goodwill or any indirect, special or consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked to our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability apply to our liability arising as a result of the sale of any goods by us to you, which are set out in our TERMS & CONDITIONS OF SALE
Uploading content to our site
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our ACCEPTABLE USE POLICY
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy or breaches any other legal right they may have.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our ACCEPTABLE USE POLICY
The views expressed by other users on our site do not necessarily represent our views or values.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Linking to our site
You may not link to our website, without our prior written consent.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site with any website that is not owned by you.
Our site must not be framed on any other site.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our ACCEPTABLE USE POLICY
Third party links and resources in our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over or responsibility for the contents of those sites or resources.
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and us under which you may access our website (our site). This acceptable use policy applies to all users of, and visitors to, our site (including dedicated Subscriber User Area of our site).
Your use of our site means that you accept, and agree to abide by, all the terms in this acceptable use policy, which supplements our TERMS OF WEBSITE USE
Our site is owned and operated by Qubizm Ltd ("We" or “Us”). We are, a limited company registered in Northern Ireland under company number No. NI 074000.
Our registered office is situated at 41 Grangemore Park, Derry, NI, BT48. Our VAT no. is 152158231
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our TERMS OF WEBSITE USE
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
These content standards apply to any and all material which you contribute to our site (contributions) and to any interactive services which may be associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right, trade mark or any other intellectual property right of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of our TERMS OF WEBSITE USE upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs, expenses damages and losses on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
To the fullest extent permitted in law, we exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to this acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
PRIVACY & COOKIES POLICY
2. Disclosure and Use of Information
(a) When you visit our Website you may be asked to provide certain information about yourself including (for example) your name and your contact details. We will collect and store this data together with other personal data we may collect from you from time to time, including (for example) from e-mails or other correspondence that you send to us. We may also collect information about your usage of the Website.
(c) The information that we collect and process about you will enable us to supply to you the information and/or services that you request. We may also use your information: (i) for fraud prevention; (ii) to contact you for your views on our Website and/or Services; (iii) to notify you occasionally about important changes or developments to the Website and/or our Services; and (iv) so that we can administer, support, improve and develop our business.
(d) We may contact you by post, telephone, SMS text message and by e-mail. If you would like us not to contact you by any of these means, please let us know by sending an e-mail to us at email@example.com. We may not be able to continue providing our Services to you if you request that we do not contact you.
(e) We may use information for internal marketing analysis for example to assess trends amongst our consumers or to measure the amount of traffic to our Website.
(f) We may provide you from time to time with information from third parties whom we think may be of interest to you. If you would like us not to contact you with this information, please let us know by sending an e-mail to us at firstname.lastname@example.org. You may still receive such information for a short period whilst this change is being processed.
(g) We may disclose your personal information to our sub-contractors, agents and associated educational bodies in order for them to provide our Services to you. We will ensure that such persons treat your information as confidential and use it only in respect of the provision of services to us and/or on our behalf.
(i) By using this Website you agree that we may use the information collected automatically such as your IP address and information stored via cookies, to gather statistics about the number of people who visit the Website and to customise the Website’s content, layout and our products and Services. We may share this information with third parties to help improve the Website and better serve our users.
(j) If we enter into a joint venture with, or are sold to, or merged with another business entity or our assets are transferred to another business entity, your personal information may be disclosed and transferred to the new business entity.
(k) You agree that we may transfer your information outside of the EEA provided that we ensure any service provider based outside of the EEA safeguards your personal information in accordance with the provisions of applicable data protection legislation.
(l) We will fully co-operate with all law enforcement authorities and court orders requesting or directing us to disclose the identity of or to locate anyone posting any defamatory, obscene or otherwise illegal material onto the Website and/or in respect of any fraudulent activity.
3. Information Collected by Us
(a) If you enter into marketing activity via the Website, post reviews on the Website, ask or reply to questions that have been posted on the Website, these communications may include some of your personal details which will be collected and stored on our database.
(b) We receive and store information which is transmitted automatically from your computer when you browse the Internet and use the Website. This information includes information from various sources such as from cookies, your IP address and browser type.
(c) If you choose to enter into conversations with other Website users and choose to share your personal information with other Website users you do so at your own risk.
4. Links to Third Party Websites
5. Storage of Information and Security
(a) We employ security measures to protect your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage. However, you acknowledge that communications sent via the Internet cannot be guaranteed to be completely secure. WE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LIABILITY FOR ANY COMMUNICATIONS THAT ARE LOST, INTERCEPTED, ALTERED OR OTHERWISE ACCESSED BY THIRD PARTIES AND WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES RELATING TO OR ARISING OUT OF ANY COMMUNICATION SENT BY YOU TO US OR ANY COMMUNICATION SENT BY US TO YOU VIA THE INTERNET.
(b) We will only retain your information for a reasonable period or for so long as applicable legislation permits.
6. Correct Information
If any of the personal information that you have disclosed to us changes for whatever reason or you find that any of the information that we hold about you is inaccurate, please advise us as soon as possible of the relevant changes by e-mailing us at email@example.com.
(a) Cookies are small files that are written or downloaded to your computer’s hard drive when you access a website. In compliance with the Privacy and Electronic Communications (EC Directive) Regulations 2003, and other relevant legislation in force from time to time, we may issue cookies to your computer when you log onto the Website. The cookies from our Website allow us to store and quickly retrieve login information on your computer and provide data that we can use to improve the quality of our service. They also allow us to monitor Website traffic and to personalise the content of the Website for you. You may set up your computer to reject cookies although, in that case, you may not be able to use certain features on our Website.
(a) Qubizm Ltd is a company registered in Northern Ireland under company number No. NI 074000; VAT No.152158231
Our registered office is situated at:
41 Grangemore Park, Derry, NI, BT48 0RY -
Phone: 02871 867621 | Mobile: 07734506580
(b) All comments, queries and requests relating to our use of your information are welcomed and should be e-mailed to us at: firstname.lastname@example.org.
TERMS & CONDITIONS OF SALE
Legal information relating to the sale of goods on the izak9.com website.
TERMS AND CONDITIONS OF SALE OF GOODS
This page (together with the documents expressly referred to on it) tells you information about us and contains the legal terms and conditions on which we sell Products to you.
On this page the words "we" "us" and "our" refer to Qubizm Ltd.
We strongly recommend that you read these Terms carefully, as they will form part of the Contract between us. Please make sure that you understand them, before ordering any Products. Our relationship is subject to these Terms and they impose certain responsibilities upon you and they exclude and limit our liability to you in the event of loss or damage. Please note that by ordering any Products, you agree to be bound by these Terms and the other documents expressly referred to in them.
You should print and keep a copy of these Terms for future reference. Please tick the relevant box on the order page to indicate your agreement to these Terms. Please understand that if you do not accept these Terms then you will not be able to order Products.
Please note that, from time to time we may amend these Terms, as set out in clause 16. Every time you submit an order to us, please check these Terms to ensure you understand the terms which will apply at that time.
1.1. When the following words in bold letters are used in these Terms and the Introduction, this is what they mean:
Contract means the individual legally binding contract formed between you and us when you place an order which we accept according to the provisions of clause 5 below;
Confirmation Email the email we send to you after you have submitted an order to us, as explained in clause 5.5 below;
Dispatch Confirmation the email we send to you confirming that the Products you have ordered have been dispatched to you, as explained in clause 5.6 below;
Event Outside Our Control is defined in clause 15 below;
Products means the products listed on our website shop (at www.izak9.com & www.qubizm.co.uk) from time to time.
Site the website that operates at www.izak9.com & www.qubizm.co.uk
Subscriptions means paid access to additional online teaching and learning materials, on a subscription only basis.
Terms the terms and conditions on which we supply Products to you.
2. Information about us
2.1. We are Qubizm Ltd is a company registered in Northern Ireland under company number No. NI 074000; VAT No.152158231
Our registered office is situated at: 41 Grangemore Park, Derry, NI, BT48 0RY
2.2 We may be contacted about these terms at:
Phone: 02871 867621 | Mobile: 07734506580 | email: email@example.com .
2.3. To cancel a Contract in accordance with your legal right to do so as set out in clause 10, you just need to let us know in writing that you have decided to cancel. If you are emailing us or writing to us to notify us that you have decided to cancel a Contract, please include details of your order to help us identify it. If you send us your cancellation notice by email or post, then your cancellation is effective from the date you send us the email or post the letter to us.
3. Our Products
3.1. The images of the Products on the Site are for illustrative purposes only. Your Products may vary slightly from those images. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products.
3.2. All Products shown on the Site are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available.
4. Use of the Site, sales to children and these Terms
4.1. Your use of the Site is governed by the TERMS OF WEBSITE USE. Please take the time to read these, as they include other important terms which apply to you.
4.2. We do not sell the Products for purchase by children. We sell children's focussed products for purchase by adults. You may only purchase Products from the Site if you are at least 18 years old.
4.3. These Terms and the Site's PRIVACY & COOKIES POLICY form part of the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.
5. How a Contract is formed between you and us
5.1. You will find information on how to order Products via the Site.
5.2. During the checkout process you will be asked to complete your payment details. Where requested you must complete the compulsory fields indicated. All credit/debit card transactions on the Site are processed using PayPal, a secure online payment gateway that encrypts your card details and cannot be accessed by us. You agree to abide by any terms and conditions imposed by PayPal in connection with the processing of your payment for purchasing Products from us. You acknowledge and agree that we are not responsible for the acts and/or omissions of PayPal.
5.3. Any personal information (meaning 'personal data' as defined in the Data Protection Act 1998) that we can access about you will only be used in accordance the Site's PRIVACY & COOKIES POLICY. Please take the time to read this, as it includes important terms which apply to you.
5.4. Our order process allows you to check and amend any errors in your order at each stage of the process. Please take the time to read and check your order at each page of the order process. The order summary shown to you before you submit your order will summarise your order including the total price of the Products you have ordered and any additional services. Please also check the order summary carefully before submitting you order.
5.5. After you place an order, you will receive a Confirmation Email from us acknowledging that we have received your order. This does not mean that your order has been accepted, nor that a Contract between us has formed. Our acceptance of your order will only take place as described in clause 5.6.
5.6. We will confirm our acceptance to you by sending you an email, which will confirm that the Products have been dispatched to you at the address you included when you submitted your order (Dispatch Confirmation). The Contract between us will only be formed at the time when we send you the Dispatch Confirmation.
5.7. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on the Site as referred to in clause 9.5, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
6.1. All Products are delivered to you via a third party delivery fulfilment provider.
6.2. Delivery charges and timescales will vary depending on the number of Products ordered and the delivery address. The cost of delivery will be set out in the order summary shown to you before you pay for your order. Please read the order summary carefully and ensure that you understand and agree to pay the cost of delivering your order to its destination. We will ensure that the Products you have ordered from us are delivered to you without undue delay and in any event not more than 30 days after the date of the Dispatch Confirmation. Details of estimated delivery times are given on the Site and prior to submitting your order to us. Please read clause 15 about what happens if there is an Event Outside Our Control, which results in a delay in delivery or failure to deliver the product. If there is an Event Outside Our Control, we will contact you to discuss what will happen next.
6.3. Depending on the number of Products you order from us and whether or not the Products you have ordered are available for delivery at the same time, we may split the Products you have ordered from us across a number of separate deliveries.
6.4. Delivery will be completed when the all Products you ordered form us are delivered to the address you gave us for delivery when you submitted your order to us.
6.5. The Products will be your responsibility from the completion of delivery. You should check all Products you receive against your order as soon as possible to make sure they reflect what you ordered and that they are not damaged or are not as described. If you discover that the Products do not reflect what you ordered, are damaged or are not as described you must tell us as soon as reasonably possible after discovering this, either by email or by letter addressed to the address shown in clause 18. You must also return the Products to us as soon as reasonably practicable.
6.6. If you are a consumer, if we miss the delivery deadline for any Product (see clause 6.2) then you may immediately cancel your entire Contract under which that Product was purchased if any of the following apply: - 6.6.1. we have refused to deliver the Product; - 6.6.2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances at the time the Contract was entered into); or - 6.6.3. you told us before we accepted your order that delivery within the delivery deadline was essential.
6.7. If you do not have the right to cancel your entire Contract under clause 6.6, you can give us a new deadline for delivery (which must be appropriate in the circumstances). If we fail to meet the new delivery deadline you set pursuant to this clause 6.7, then you can cancel your entire Contract.
6.8. You can cancel your Contract pursuant to clause 6.6 or clause 6.7 in respect of just some of the Products or all of them (including any Products that have already been delivered to you). If the Products have been delivered to you, you will have to return them to us.
6.9. If you do choose to cancel your Contract as a result of late delivery pursuant to clause 6.6 or clause 6.7, then we will reimburse you for all payments made to us under the Contract without undue delay after you have cancelled the entire Contract. If you choose to cancel your Contract as a result of late delivery pursuant to clause 6.6 or clause 6.7 in respect of just some of the Products, then we will only reimburse you for all payments made under the Contract in respect of those Products for which you cancel the Contract.
7. International delivery
7.1. We deliver to a number of countries outside the mainland Ireland. If you order Products from the Site for delivery to one of the International Delivery Destinations, delivery charges and timescales will vary depending on the weight of the order, the delivery location and the delivery method required to fulfil delivery.
7.2. Please note that your order may also be subject to import duties and taxes which are applied when the delivery reaches its destination country. You will be responsible for payment of any such import duties and taxes. We have no control over these charges and we cannot predict their amount. Please contact your local customs office for further information before placing your order.
7.3. Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
8. Price of Products and delivery charges
8.1. The prices of the Products will be as quoted on the Site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information is entered onto the Site. However, if we discover an error in the price of any Products you ordered, please see clause 8.5 for what happens in this event.
8.2. Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation email. If the price of a Product you have ordered increased before we have issued a Dispatch Confirmation email, we will inform you of the new price and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
8.3. The price of a Product excludes VAT. VAT (where applicable) will be applicable at the current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date on which we confirm your order via a Dispatch Confirmation email, we will inform you and we will give you the option of continuing to purchase the Product at a price which includes the extra VAT or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
8.4. The price of a Product does not include delivery charges, which you must also pay. Our delivery charges are as quoted on the Site from time to time and are dependent on the size and destination of order. Delivery charges will be displayed before you submit your order to us. Please take the time to read and check your order at each page of the order process.
8.5. The Site may contain a number of Products. It is unlikely but always possible that, despite our reasonable efforts, some of the Products on the Site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. We will also refund to you the price you paid in advance (if any) for any Product in respect of which an order is cancelled or treated as cancelled.
9. How to pay
9.1. You can only pay for Products using a PayPal account; a debit card or credit card processed via PayPal. All payments are subject to authorisation by your card issuer and we will only accept your order and a binding Contract will only be formed between us when we have received payment in full in cleared funds for the Products you have ordered and when we have sent you a Dispatch Confirmation email.
9.2. Payment for the Products and all applicable delivery charges is in advance.
9.3. You will only own the Products once we have received payment in full, including all applicable delivery charges.
10.Your cancellation and refund rights if you are a consumer
10.1. If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 10.3. This means that if you change your mind or for any other reason and you decide you do not want to keep a Product during the cancellation period, you can notify us of your decision to cancel the Contract and receive a refund. You do not have to give us a reason for exercising your right to cancel during the period set out below in clause 10.3. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
10.2. However, this cancellation right does not apply in the case of: any bespoke, personalised or custom-made products;
10.3. Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (i.e. the date on which we email you to confirm our acceptance of your Order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then will be as follows:
If Your Contract is for a single Product (which is not delivered in instalments on separate days) -- The end date is the end of 14 days after the day on which you receive the Product
If Your Contract is for several Products (which are delivered on separate days or instalments) -- The end date is the end of 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
10.4. To cancel a Contract, you just need to let us know in writing that you have decided to cancel. If you are emailing us or writing to us to notify us that you have decided to cancel a Contract, please include details of your order to help us identify it. If you send us your cancellation notice by email or post, then your cancellation is effective from the date you send us the email or post the letter to us. For example, you will have given us the notice in time as long as you get your letter into the last post on the last day of the cancellation period (with the correct postage paid) or email us before midnight on that day. You may wish to keep a copy of your cancellation notice for your own records. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
10.5. If you cancel your Contract and subject to you complying with clause 10.6 we will:
- 10.5.1. refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your unnecessary handling of them in a way which would not be permitted in a shop (i.e. your handling them in a manner other than what is necessary to establish the nature, characteristics and functioning of the Products) or where the item has not just been checked, but used.
- 10.5.2. refund any delivery costs you have paid in having the Product(s) delivered to you.
- 10.5.3. make any refunds to you without undue delay and in any event within the deadlines indicated below:
10.6. If the Products were delivered to you before you decide to cancel your Contract:
- 10.6.1. you must return the Products to us without undue delay and within no more than 14 days after the day on which you let us know that you wish to cancel the Contract. The deadline is met if you send back the Products before the period of 14 days has expired.
- 10.6.2. unless the Products are faulty or not as described (in this case, see clause 12), you will be responsible for the cost of returning the Products to us and for ensuring that the Products returned to us are not damaged in transit (please see clause 10.8). If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery of the Products to you. - 10.6.3. for certain larger orders we may offer to arrange collection of the Products on your behalf. Where this is the case, we may contact you and offer to collect the Products from you. In such circumstances, you agree that you will be responsible for paying the cost of the collection. We will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection. If we have offered to collect the Product from you, we will charge you the direct costs to us of collection. We will notify you in advance of the cost of collection of the Products from you. For the avoidance of any doubt, this clause is not an offer to
collect any Product(s) from you in the event that you cancel a Contract; - 10.6.4.you must take reasonable care of the Products and keep them in your possession and not use them until they are returned to us or collected by us. 10.7. Where reasonably possible, please return Products to us in their original packaging. 10.8. If you chose to return any products to us we will not be responsible for loss or damage to them in transit. We therefore recommend that these are returned to us using a reputable recorded delivery service. If Products are damaged or lost in delivery we reserve the right to charge you, or not to refund any amounts due to you, that are attributable to the loss or damage. 10.9. We will refund to you on the credit card or debit card used by you to pay us for the Products. In any event, you will not incur any fees as a result of the reimbursement. 10.10. Where you request for us to deliver a Product to a third party you will only be able to exercise this cancellation right if you can return the goods to us or we can arrange with the third party to collect them. 10.11. Because you are a consumer, we are under a legal duty to supply Products that are in conformity with the Contract.
11. Our warranty for the Products
11.1. In addition to your right to cancel a Contract (see clause 10), we provide a warranty that on delivery and for a period of 28 days from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 11.2.
11.2 The warranty in clause 11.1 does not apply to any defect in the Products arising from:
• fair wear and tear
• wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party
• if you fail to operate or use the Products in accordance with the user instructions
• any alteration or repair by you or by a third party who has not been authorised to repair the Product by us; or
• any specification provided by you.
11.3. If you are a consumer, this warranty is in addition to your statutory legal rights in relation to Products that are faulty or not as described.
11.4. If you wish to return Products to us because you consider they are damaged on delivery, materially defective, not as described or (if you are a consumer) the Products breach your statutory legal rights, please send them to us at Qubizm Ltd. When you have returned the Products to us, we will examine the Products and will (if we consider that a refund is due) process your refund in accordance with clause 12. below.
11.5. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
12. Our refunds policy
12.1. When you return to us any Products that you have ordered from us:
- 12.1.1. because you have cancelled the Contract between us within the cooling-off period (see clause 10.1 above), we will, provided you have complied with clause 10.3 (where relevant) and subject to clause 10.5, process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation.
- 12.1.2. for any other reason (for instance, because you claim that the Products are damaged on delivery or materially defective, not as described or, if you are a consumer, the Products breach your statutory legal rights, we will examine the returned Products and will notify you (via email within a reasonable period of time) of your right to a refund should we conclude that you are entitled to one. We will usually process the refund due to you as soon as possible and usually within 30 days of the day we confirmed to you via email that you were entitled to a refund for the returned Product.
13. Our liability to you (YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE)
13.1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a natural, foreseeable consequence of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not so foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
13.2. We only supply the Products for domestic and private use to consumers. You agree not to use the product for any commercial, business or re-sale purposes, and in any event we will have no liability to you for any loss of profit, loss of enjoyment, loss of or damage to reputation or goodwill, loss of business, business interruption, or loss of business opportunity.
13.3. We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence or that of our employees, agents or subcontractors;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- defective products under the Consumer Protection Act 1987.
14. Events outside our control
14.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.
14.2. An Event Outside Our Control includes any act, event, non-happening, omission or accident outside our reasonable control and includes in particular (without limitation) the following
- strikes, lock-outs or other industrial action
- 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;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks;
- the acts, decrees, legislation, regulations or restrictions of any government;
- denial of service attacks or other types of attacks that are directed toward the infrastructure that supports the Site;
- any type of outage or service degradation relating to the unavailability of a financial institution including, but not limited to, issuers and/or acquirers or any third party switch or processing system;
- any issues which are limited solely to you and which cannot be proven against any of our other customers; or
- any failure or service outage that falls outside of our control.
14.3. Our performance under any Contract is deemed to be suspended for the period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Event Outside Our Control to a close or to find a solution by which our obligations under the Contract may be performed despite the Event Outside Our Control.
14.4. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract, we will contact you as soon as reasonably possible to notify you.
15. Our right to vary these terms
15.1. We may update or amend these Terms from time to time. Please review these Terms regularly to ensure you are aware of any changes we have made. Your continued use of the Site after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
15.2. Once your order has been confirmed and a Contract formed, we will not make any changes to the Terms that apply to your order. However, if you are a returning customer please check the Site regularly to ensure you are aware of any changes we have made to our Terms since the last time you visited the Site.
16. Communications between us
16.1. When we refer, in these Terms, to "in writing", this will include email unless it is clear that email is not intended to be included in any particular scenario.
16.2. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
17.1. Unless stated elsewhere in these Terms, all notices given by you to us must be given in writing in the English language. You can send notices to us by email at firstname.lastname@example.org or by pre-paid post to: Qubizm Ltd. 41 Grangemore Park, Derry, NI, BT48 0RY. We will confirm receipt of your notice by contacting you in writing, normally by email to the email address you gave us when you submitted your order. 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 with the correct postage paid and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee. If you are a consumer and exercising your right to cancel under clause 10, please see clause 10 for how to tell us this.
18. Our right not to accept orders and applicable refund
18.1. We may decide not to accept an order from you for Products. If we do so, if you have made any payment in advance for the Products, we will refund you the full amount you have paid as soon as possible.
19. Transfer of rights and obligations
19.1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
19.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
19.3. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
20.1. If any of the Terms of the Contract between us are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such Terms will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
21. Entire agreement
21.1. These Terms constitute the entire agreement between us and they supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter.
21.2. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on anything set out in these Terms.
21.3. Notwithstanding any other term of these Terms, nothing in these Terms shall exclude or limit our liability for something that we cannot exclude or limit in law.
22. Law and jurisdiction
22.1. Contracts for the purchase of Products through the Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the law of Northern Ireland. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Northern Ireland. We retain the right to bring proceedings against you in your country of residence or any other relevant country.
Although access to much of the site is free of charge without time limit, we also offer access to additional support materials, on a subscription only basis (“Subscriptions"), at a dedicated Subscriber User Area (“User Area”) on our site. The User Area contains a substantial amount of online teaching and learning support material considered integral to the Product Izak9.
Our principal Product: Izak9 (comprising 27 individual physical cubes with combinations of number; colour and shape) is sold with a complimentary (gratis) one-year subscription to membership of the “User Area”. Thereafter, an annual subscription will become payable on the anniversary of purchase in order to renew and continue the membership Subscription.
We will continue to bill on an ongoing annual basis Subscription fees, unless the Subscription is cancelled.
Subscriptions will be created and activated (by issuance of a username and password) – “login”) when payment is received for the Product. Please contact email@example.com to receive your username and password to access the User Area.
Fees for Subscriptions are as stated on the site and will be subject to VAT
Subscriptions are delivered online; no physical delivery applies
- Access to User Area of the website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on this site without notice. We will not be liable if for any reason the free website is unavailable at any time or for any period.
- It is technically impractical to provide a fault free service and we do not undertake to do so. We will however make every reasonable effort to repair any reported faults as soon as is possible. Please contact firstname.lastname@example.org to report any faults with your username and password.
- Occasionally it may be necessary to temporarily suspend the website User Area for reasons such as: repair, maintenance or improvement or update of the service. Where reasonably practicable, we will give prior online notice of such a suspension and we will restore the service as soon as we reasonably can.
- We aim to provide material on the User Area which is as accurate and up to date as possible. However, the material displayed on this site is provided without any guarantees, conditions or warranties as to its accuracy.
- We are not liable for the acts or omissions of other providers of telecommunications or Internet services or for faults in or failures of their equipment.
- In order to access the 'User Area' areas of the website, subscribers will be issued a login comprising a unique username and password. You are responsible for the security and proper use of logins and passwords. You must take all necessary steps to ensure that they are kept confidential, used properly and not disclosed to unauthorised people.
- You must immediately inform us if there is any reason to believe that a login or password has or is likely to become known to someone not authorised to use it or is being used in an unauthorised way.
- Whole school subscriptions do not permit pupils to access the website from home. Schools must not inform parents of school login and password details. Login and password details should not be shared on newsletters or on school websites.
- We reserve the right to disable a login or password at any time if, in our opinion, you have failed to comply with these terms.
Payments and cancellation
- All subscriptions renewals will be pre-paid yearly after expiry of the initial one-year complimentary access period.
- Following the purchase of a subscription renewal you have a 14 day cooling off period during which you may cancel the subscription and receive a full refund. In order to cancel the subscription, please contact us by e-mail at email@example.com
- At any point during your membership of the User Area you may cancel the membership by contacting us by e-mail at firstname.lastname@example.org However, after the 14 day cooling off period, members who have pre-paid for a renewal of yearly membership will not be given a refund for the unused portion of their membership.
- We reserve the right to change the amount of, or basis for determining any fees or charges. Any changes to fees will be introduced when the new fees are published on the website.
- All online payments are processed through PayPal, which securely handles all transactions and doesn't share your credit card or banking information with us. You do not need a PayPal account to make a payment for your renewal of Subscription. You may pay by cheque sent to us at Qubizm Ltd. 41 Grangemore Park, Derry, NI, BT48 0RY
- All online payments and refunds are subject to the terms and conditions published on the PayPal website.
- If a cheque is returned by your bank, your subscription will be suspended. You will be contacted as soon as possible to inform you that this has taken place. Your subscription will only be reinstated when full payment has been received and been cleared.
- if any Subscription fees are not paid when they are due, we may terminate or suspend your Subscription immediately.
- Subscriptions are not transferable - and may not be resold - either partly or in their entirety.
CUSTOMER SATISFACTION AND COMPLAINTS POLICY
We at Qubizm aim to thrill you with our product and service. If you are not entirely satisfied with your purchase – let us know in the first instance. Contact us at: email@example.com. We will always strive to resolve any complaints or issues in a straightforward and timely manner.
ADR – Alternative Dispute Resolution
if you have a complaint about any goods or service you purchased online, and have exhausted all of the options provided by us, or you are not satisfied with the resolution we have provided, you can contact the Online Dispute Resolution service which can be accessed by following this link: www.ec.europa.eu/consumers/odr/.