Terms and Conditions of Sale
THE CONTENT COMMUNITY LIMITED T/A ESTATE AGENT CONTENT CLUB
The below terms and conditions of sale (“Terms”) set out the terms applicable to the sale of digital products and services. By confirming your acceptance to these Terms and completing your purchase, you understand that you are entering into a legally binding agreement with us, The Content Community Limited, incorporated and registered in England and Wales with company number 09445389 whose registered address is c/o Unit 43, Newhaven Enterprise Centre, Newhaven, East Sussex, England, BN9 9BA, United Kingdom.
PURCHASE OF DIGITAL PRODUCTS AND SERVICES
- 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 text products to your computer or mobile device;
- digital downloads of supporting materials;
collectively “digital products and services”.
Please read these Terms carefully before ordering any digital products and services from us. If you have any queries regarding these Terms, please contact us via email at email@example.com before placing any order.
By placing an order for digital products and services, you agree that:
- you are legally capable of entering into binding contracts;
- you are at least 18 years old;
- you are welcome and encouraged to share the content provided as part of the digital products and services with your clients and potential clients across your social media and other marketing platforms, however:
- you are purchasing our digital products and services for your agency’s use only and for use only in the agreed postcode districts which you have purchased marketing access to as part of your licence;
- you will not sell, rent, hire, exchange, lend, allow downloading or sharing of files or of access details, with anybody else, including any other agents or agencies with whom you may be connected or affiliated;
You acknowledge and agree that you are responsible for:
- ensuring that you do not lose, destroy, or damage any digital product or service you purchase from us;
- ensuring that any hardware you use to download and/or access these digital products and services functions correctly and can support your use of the digital products and services; You acknowledge and agree that the provision of all these requirements is your responsibility and is at your own cost.
PLACING AN ORDER
After placing an order for any digital products and services, you will receive an e-mail from us acknowledging receipt, setting out the details of your order and providing you with a copy of these Terms. The contract for the purchase of any digital products and services will be formed when either:
- we have received payment in full for the digital product or service you are purchasing, or
- you have accessed the digital product or service.
It is important to note that by proceeding with payment for your purchase, or by accessing the digital product or service, you indicate your agreement to our Terms and your agreement to enter into the contract with us. You understand and agree that we will not require any additional agreement or confirmation from you to proceed with the contract.
If you have any queries regarding these Terms, or if there are any parts of the Terms you do not agree to, please contact us via email at firstname.lastname@example.org prior to proceeding with your purchase, making payment or accessing the digital product or service.
We reserve the right, in our sole discretion, to reject any order we receive.
All digital products and services featured on our website are subject to availability. We reserve the right to change or remove a digital product or service on the website for any reason, at any time without notice or liability to you. There may be occasions when digital products and services are not available and we make no guarantee that any digital product or service ordered will be made available or accessible immediately (for example, if the website 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 digital products and services as soon as possible following your purchase.
PRICE AND PAYMENT
The price of any digital product or service will be as quoted to you at the current time and will be exclusive of any VAT (the “Fee”). We reserve the right to make certain digital products and services available only as part of a different purchase. The Fee for digital products and services may change at any time, but changes will not affect orders in respect of which we have already taken payment and made the download or access available.
By ordering the digital product or service, you acknowledge and agree to being charged the Fee on an ongoing and recurring basis each month, which will be automatically deducted from your chosen credit card, debit card or bank account via direct debit. This ongoing, recurring monthly Fee will continue to be deducted, without further consent from you or notice from us, until such time as you or we terminate these Terms and the contract between us.
By providing your 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 services 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 or the account or card issuer. If any validation checks are required, we will not be held responsible for any delays or non-delivery of any digital products or service.
In respect of validation checks and authorisation carried out by the card or account issuer, if the issuer of your card or account refuses to authorise payment we will not accept your order and we will not be responsible for any delay, any non-provision of the digital products or services, or any bank charges applied to you. We are not required to inform you of the reason for the refusal.
Please note that some network or service providers may charge you an additional amount for downloading digital products and services to a mobile handset or other device. We recommend that you contact your network or service provider to understand the nature and extent of any additional charges before downloading to a mobile or other device. We will not be responsible for any such charges.
In accordance with Consumer Rights Law, you have the right to cancel and obtain a full refund within 14 days of purchasing our digital products and services but only if:
- you have not downloaded or accessed the digital product or service made available;
- you have not accessed or used any supporting materials provided to you alongside your purchase of any digital products and services;
within 14 days of purchase. If any of the above have taken place, you will not be entitled to a refund.
If digital products or services are found to be defective, we shall have the right to attend to the cause of the problem and restore the digital products and services to functioning order. You must notify us via email at email@example.com within 30 days of download of or access to the digital product or service that it is defective. If we are unable to fix it or otherwise resolve the issue, we will provide you with a full refund within 30 days of ascertaining that the issue cannot be resolved.
TERM AND TERMINATION
These Terms, the contract between us and your access to the digital products or services will continue in force until terminated in accordance with this section.
Grounds for termination
Without affecting any other right or remedy available to it, either party may terminate these Terms with immediate effect by giving written notice to the other party if the other party:
- commits a breach of any of these Terms;
- acts in a way detrimental or potentially detrimental to the other party;
- stops carrying on all or a significant part of its business, or indicates that it intends to do so;
- is unable to pay its debts;
- is declared bankrupt;
- has a receiver, manager, administrator or administrative receiver appointed over all or any part of its assets or income;
- has a resolution passed or an order made for its winding up or administration; or
- has a freezing order made against it.
Without affecting any other rights or remedies available to us, we may terminate these Terms immediately if you fail to pay any amount due under these Terms on the due date for payment.
Either party may terminate these Terms and the provision of the digital products and services by providing notice in writing to the other party not less than one (1) month prior to the due date of the next recurring payment. On termination for any reason:
- you will immediately pay all outstanding or unpaid fees which are due and payable under these Terms;
- the accrued rights and liabilities of the parties (including any rights in relation to breaches of contract) will not be affected.
If 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. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us via email at firstname.lastname@example.org.
INTELLECTUAL PROPERTY RIGHTS
We are the owner of all intellectual property rights in the website, and the digital products and services you purchase, including any databases that hold relevant information about the website, its products and services. They are protected by copyright or trade mark registration and you may only use any of the digital products and services in line with these Terms.
All of the digital products and services that are available for sale are owned or controlled by us. Upon payment of the Fee for any of these digital products and services, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable licence to use the digital products and services for your own use.
You agree that you will not redistribute, assign, sell, commercially exploit, sub-licence, rent, share, lend, or transfer any digital products and services that you purchase from us to anyone else, without our prior explicit written permission. To do so would be breaching our intellectual property rights, and we reserve our rights to take legal action if this occurs.
What you can do with the digital products and services
The purpose of the digital products and services is for you to use the content for your social media and other marketing campaigns. As such, you are of course permitted, and encouraged, to share the content on your social media and other marketing platforms within your agreed postcode districts.
What you cannot do with the digital products and services
As we own the copyright in the digital products and services you are purchasing, the licence you are purchasing from us has certain legal restrictions in place. This means that you cannot do any of the following, or you cannot allow anyone within your business to do any of the following, without our explicit agreement:
- sell, rent, hire, exchange, lend, allow downloading or sharing of files or of access details with anybody else, including any other agents or agencies with whom you may be connected or affiliated;
- use the digital products and services you are purchasing outside of the agreed postcode districts.
If you do any of the above actions, we may immediately suspend your access to the digital products or services you have purchased, and we may take further legal action to protect our rights in relation to the content.
OUR RESPONSIBILITY TO YOU
We do not limit or exclude our responsibility 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 will not be responsible 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.
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.
Whilst we have used in creating the digital products and services, and we will at all times in our dealings with you use, our best professional endeavours and skills, we do not guarantee any specific outcome from your use of the digital products and services. You agree that we are not and will not be responsible for any of your actions, inactions, direct or indirect results in connection with the digital products and services.
We may provide real-life examples or hypothetical examples of possible outcomes, which are in no way guarantees of what will occur in your specific situation. Outcomes depend on many factors including but not limited to your level of personal responsibility, commitment and abilities, in addition to those factors that you or we may not be able to anticipate. Your reliance on any information provided by us is done so at your own risk.
Although we try to ensure our digital products and services work seamlessly and without errors, we do not guarantee that your use of the digital products and services will be uninterrupted. We are not responsible for any loss or damage you may suffer resulting from any interruptions, although we will do our best to rectify any issues you encounter as soon as possible.
You acknowledge and agree that the content provided in our digital products and services is intended to inform, train and guide you and anyone else who engages with the content. It is not intended to amount to professional advice on which you should rely or make commercial decisions.
We make no representations, warranties or guarantees, whether express or implied, that the content provided in our digital products and services is accurate, complete or up to date. Nor is the content specifically tailored to your personal or professional circumstances, and you should assess its relevance to your circumstances before taking any action based on our content.
EVENTS OUTSIDE OUR CONTROL
We will not be responsible for any failure or delay to perform any of our obligations under these Terms that is caused by events outside our reasonable control.
Any dispute arising from these Terms will 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 will have exclusive jurisdiction to settle any arising dispute.
If any parts of these Terms are held to be invalid or unenforceable, the remaining terms will continue in full force and effect.
Ultimately, we want you to be delighted with our service. And in keeping with our Company values, we will act honestly, fairly, and transparently in all our dealings with you.
If you have any questions or a complaint about the service provided by us please contact us via email at email@example.com.