Terms & Conditions

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Claire Winter’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘Claire Winter’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is [address]. Our company registration number is [company registration number and place of registration]. The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, the following personal information may be stored by us for use by third parties..
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

TERMS AND CONDITIONS OF SALE

The below Terms and Conditions of Sale (terms of sale) set out the terms applicable to the sale of this digital product. By confirming your acceptance to these terms of sale and completing your purchase, you understand that you are entering into a legally binding agreement with Claire Winter Ltd. a company registered in England and Wales, and whose registered office is 50 All Saints Avenue, Maidenhead, SL6 6NA

PURCHASE OF DIGITAL PRODUCTS

These terms of sale (together with any relevant documents referred to in them and including our Website Terms and Conditions) set out the terms on which we supply any of the following products clairewinter.info (the site) to you:

  • Digital downloads of audio products to your computer or mobile device
  • Digital downloads of video products to your computer or mobile device
  • Digital downloads of supporting materials

DIGITAL PRODUCTS

After you have read these terms of sale, you will be asked to confirm that you have read, understood and accept our terms of sale. You will not be able to purchase this or any other anything digital products through our site unless confirmation is given. Any terms that you seek to impose in respect of your purchase of digital products through this site will not form part of any contract between us. Please read these terms of sale carefully before ordering any digital products from our site. If you have any queries on these terms please contact us by emailing claire@clairewinter.info before placing any order.

By placing an order for digital products through our site, you warrant that you are legally capable of entering into binding contracts, that you are at least 18 years old and that you are purchasing our digital products for your private, non-commercial use only. You further warrant that you will not copy, rent, hire, record, edit, clip, exchange, lend, allow for the public performance, broadcasting, downloading or sharing of files or of access details, with anybody else other than may be allowed under the terms of any licence that is granted to you as a part of the sale.

By placing an order for digital products through our site you agree that we may store, process and use personal data collected from you for the purposes of processing/fulfilling your order only. We work with third parties to process your payment (for example, PayPal) and they will also have access to your personal data to enable them to help us process/fulfil your order only. More information on how we may store, process and use your personal data is contained in our Privacy Policy.

You are responsible for ensuring that you do not lose, destroy, or damage any digital product you purchase through this site.

You are responsible for ensuring that any hardware you use to download and/or access these digital products function correctly with this site. You acknowledge and agree that the provision of all these requirements is your responsibility and is at your own cost. We are not obliged to ensure that our products are compatible with every manufacturer of mobile handsets.

PLACING AN ORDER

After placing an order for any digital products via our site, you will receive an on-screen message and e-mail from us acknowledging receipt and setting out the details of your order.

The contract for the purchase of any digital products will only be formed when you have agreed to these terms of sale, we have received payment in full for the digital product you are purchasing and we make the digital product available for download. We reserve the right, in our sole discretion to reject any order we receive.

AVAILABILITY

All digital products featured on our site are subject to availability. We reserve the right to change or remove a digital product or other content on the site at any time without notice or liability to you.

Digital products will normally be available to download immediately upon purchase. There may be occasions when they are not available and we make no guarantee that any digital product ordered will be made available immediately (for example, if the site is taken down for maintenance or there is another technical issue). In such cases, we will use our best endeavours to give you access to your downloadable digital products as soon as possible following your purchase.

Where we are unable to provide you with any digital products that you have purchased, you agree that we can offer you either alternative goods to a similar value (upon your agreement that the alternative goods are suitable) or a complete refund. We will not be liable for our inability to fulfil a particular order from you.

PRICE AND PAYMENT

The price of any digital product will be as quoted on this site at the current time. We reserve the right to make certain digital products available only as part of a different purchase, for example, part of a Service package.

Prices for digital products are liable to change at any time, but changes will not affect orders in respect of which we have already taken payment and made the download available.

Please note that some network/service providers may charge you an additional amount for downloading digital products to a mobile handset. We recommend that you contact your network/service provider to understand the nature and extent of any additional charges before downloading to a mobile device.  Note that overseas roaming charges may also apply. We will not be held liable for any such charges.

By providing the details of a credit or debit card or payment account to be debited, you confirm that you are authorised to purchase the digital products and that you have the permission of or are the holder of the credit or debit card, PayPal or other account being used to pay for the transaction. All card payments and cardholder details may be subject to validation checks carried out by us and/or the card issuer. If any validation checks are required, we will not be held liable for any delays or non-delivery nor are we obliged to.

In respect of validation checks and authorisation carried out by the card issuer, if the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery or any bank charges applied to you. We are not obliged to inform you of the reason for the refusal.

REFUNDS

In accordance with Distance Selling Regulations, you have the right to cancel and obtain a full refund within 14 working days of purchasing our digital products but only if you have not downloaded the Digital Product made available, have not requested and been accepted to join any of our private social media groups (for example, The Cracking Content Club private Facebook Group) to which access is offered as part of a purchase from the site, and have not accessed and/or used any supporting materials provided to you alongside your purchase of any digital products, within 14 calendar days from purchase.

If digital products are found to be defective, we shall have the right to attend to the cause of the problem and restore the digital products to functioning order, or offer you a repeat download. You shall not have the automatic right of refund in this case. You must notify us within 30 days of download of the digital product that it is defective at claire@clariewinter.info. If we are unable to fix it and a repeat download does not resolve the issue, we will provide you with a full refund within 30 days of ascertaining that the issue cannot be resolved.

CONFIDENTIALITY

Personal information or business information that you supply to us, other than information that is in the public domain, will be treated confidentially and in line with our Privacy Policy. Confidential information will not be disclosed to any third party, including for the purposes of marketing, without your prior permission. We will only disclose your information if it is necessary for the performance of our services or where so required by law.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or licensee of all intellectual property rights in the site and the digital products you purchase, including any databases that hold relevant information about the site and its products. They are protected by copyright or trademark registration and you may only use any of the digital products in line with these terms.

All of the digital products that are available for sale on our site are owned or controlled by our licensors, or us. Upon payment of the price for any of these digital products, we grant you a non-exclusive, non-transferable licence to use the digital products for your own personal, non-commercial use.

You shall not redistribute, transmit, assign, sell, commercially exploit, broadcast, modify, adapt, edit, sub-licence, rent, share, lend, or transfer any digital products that you purchase through this site.

OUR RESPONSIBILITY TO YOU

We do not guarantee the accuracy of the content of our digital products, and you are responsible for the way you use its content.

We shall not limit or exclude our liability for:

  • death or personal injury;
  • fraud or fraudulent misrepresentation; or
  • any act, omission or matter, liability for which may not be excluded or limited under any Applicable Law.

We shall not be liable to you for any indirect, special or consequential loss or damage, including:

  • loss of profit;
  • loss of goodwill;
  • loss of savings; or
  • loss of contract.

We also exclude, but only as far as legally possible, all terms and warranties or promises implied by law or by statutes.

Although we try to ensure our digital products work seamlessly and without errors, we do not warrant that your use of the digital products will be uninterrupted. We are not responsible for any loss or damage you may suffer resulting from any interruptions or although we will do our utmost to rectify any issues you encounter as soon as possible.

Any duty of care owed to you by us is owed to you alone and no duty of care is owed to any third party and we do not assume any responsibility to any third party in respect of the performance of our duties to you.

EVENTS OUTSIDE OUR CONTROL

We will not be liable for any failure or delay to perform any of our obligations under a contract for a digital product that is caused by events outside our reasonable control.

APPLICABLE LAW

Any dispute arising from these terms of sale shall be governed by and construed in accordance with the law of England and Wales and you irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any arising dispute.

If any part of these terms and conditions is held to be invalid or unenforceable, the remaining terms and conditions will continue in full force and effect.

COMPLAINTS

If you have any questions or a complaint about the service provided by us please contact claire@clairewinter.info to make your complaint.

Spread the love