Terms and Conditions
Contents 1. Introduction 2. Interpretation 3. Copyright and Trademark Notice 4. Licence to use Website 5. Acceptable Use 6. Ordering Process 7. Prices 8. Payments 9. Licensing of Ebooks 10. Distance Contracts: Cancellation Right 11. Warranties and Representations 12. Limitations and Exclusions of Liability 13. Variation 14. Assignment 15. No Waivers 16. Severability 17. Third Party Rights 18. Entire Agreement 19. Law and Jurisdiction 20. Statutory and Regulatory Disclosures 21. Our Details
1.1. These terms and conditions shall govern the use of our website and the sale and supply of downloadable eBooks through our website, and the use of those eBooks.
1.2. By using our website, you accept this disclaimer in full; accordingly, if you disagree with the term and conditions or any part of the terms and conditions, you must not use our website.
1.4. You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
2.1. In these terms and conditions:
2.1.1. “we” means Ovester Limited registration number 06250776 trading as Ovester (and “us and “our” should be construed accordingly);
2.1.2. “you” means our customer or prospective customer under these terms and conditions (and “your” should be construed accordingly);
2.1.3. “website” means the website or any part thereof which is accessible from https://www.ovester.com (and “site” should be construed accordingly);
2.1.4. “eBooks” means those eBooks that are available for purchase on our website; and
2.1.5. “your eBooks” means any such eBooks that you have purchased through our website (including any enhanced or upgraded version of the eBooks that we may make available to you from time to time).
3. COPYRIGHT and TRADEMARK NOTICE
3.1.1. Copyright (c) 2017 Ovester Limited.
3.1.2. Subject to the express provisions of this disclaimer:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3.2.1. Ovester’s trademarks and trade dress may not be used in connection with any product or service that is not authorised by us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
3.2.2 All other trademarks not owned by Ovester Limited or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Ovester or its subsidiaries.
4. LICENCE TO USE WEBSITE
4.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser; and
(c) print pages from our website, subject to the other provisions of this disclaimer.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of this disclaimer, you must not download any material from our website or save any such material to your computer.
4.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
4.4 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
4.5 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
5. ACCEPTABLE USE
5.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
6. ORDERING PROCESS
6.1. To enter into a contract through our website to purchase downloadable eBooks from us, the following steps must be taken:
6.1.1. you must add the eBooks you wish to purchase to your shopping cart, and then proceed to the checkout;
6.1.2. you select and will be transferred to one of our payment services provider’s website, and our payment services provider will handle your payment;
6.1.3. you will asked to provide your name, address, contact email address and the country in which you reside;
6.1.4. we will then send you an initial acknowledgement; and we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
6.2. You will have the opportunity to identify and correct input errors prior to making your order by amending your account or payment information during the checkout process which can be accessed through your cart.
7.1. Our prices are quoted on our website.
7.2. We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
7.3. All amounts stated in these terms and conditions or on our website are stated exclusive of VAT.
8.1. You must, during the checkout process, pay the prices of the eBooks you order.
8.2. Payments may be made through our payment services providers PayPal or Stripe. The following cards will be accepted Visa, MasterCard, American Express and Visa Debit.
8.3. If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
8.3.1. an amount equal to the amount of the charge-back;
8.3.2. all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
8.3.3. an administration fee of GBP 25.00 including vat; and all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this section 8.3 (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this section 8.
9. LICENSING of EBOOKS
9.1. We will supply your eBooks to you in the format or formats specified on our website, and by such means and within such periods as are specified on our website.
9.2. Subject to your payment of the applicable price and compliance with these terms and conditions, we grant to you a non-transferable licence to make any use of your eBooks permitted by Section 9.3, providing that you must not in any circumstances make any use of your eBooks that is prohibited by Section 9.4.
9.3. The “permitted uses” of your eBooks are:
9.3.1. downloading a copy of each of your eBooks;
9.3.2. making, storing and viewing copies of your eBooks on not more than two (2) of your personal desktop, laptop or notebook computers;
9.3.3. making, storing and viewing copies of your eBooks on not more than two (2) personal eBook readers, smartphones, tablet computers or similar mobile devices; and;
9.3.4. printing a single copy of each of your eBooks solely for your own use.
9.4. The “prohibited uses” of your downloads are:
9.4.1. the publication, sale, licensing, sub-licensing, renting, transferring, transmission, broadcasting, distribution or redistribution of any eBook (or part thereof) in any format;
9.4.2. the editing, modification, adaptation or alteration of any eBook (or part thereof), and the creation of any derivative work incorporating any download (or part thereof);
9.4.3. the use of any eBook (or part thereof) in any way that is unlawful or in breach of any person’s legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;
9.4.4. the use of any eBook (or part thereof) to compete with us, whether directly or indirectly;
9.4.5. any commercial use of any eBook (or part thereof); and
9.4.6. the circumvention or removal of, or any attempt to circumvent or remove, the technological measures applied to any eBook for the purpose of preventing unauthorised use.
9.5. You warrant to us that you have access to the necessary computer systems, media systems, software and network connections to receive and enjoy the benefit of your eBooks.
9.6. All intellectual property rights and other rights in the eBooks not expressly granted by these terms and conditions are hereby reserved.
9.7. You must retain, and must not delete, obscure or remove, copyright notices and other proprietary notices on or in any eBook.
9.8. The rights granted to you in these terms and conditions are personal to you, and you must not permit any third party to exercise these rights.
9.9. If you breach any provision of these terms and conditions, then the licence set out in this Section 9 will be automatically terminated upon such breach.
9.10. You may terminate the licence set out in this Section 9 by deleting all copies of the relevant eBooks in your possession or control.
9.11. Upon the termination of a licence under this Section 9, you must, if you have not previously done so, promptly and irrevocably delete from your computer systems and other electronic devices all copies of the relevant eBooks in your possession or control, and permanently destroy any other copies of the relevant eBooks in your possession or control.
10. DISTANCE CONTRACTS: CANCELLATION RIGHT
10.1. This Section 10 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
10.2. You may withdraw an offer to enter into a contract with us through our website, or cancel a contract entered into with us through our website, at any time within the period:
10.2.1. beginning upon the submission of your offer; and
10.2.2. ending at the end of 14 days after the day on which the contract is entered into, subject to Section 10.3. You do not have to give any reason for your withdrawal or cancellation.
10.3. You agree that we may begin the provision of eBooks before the expiry of the period referred to in Section 10.2, and you acknowledge that, if we do begin the provision of eBooks before the end of that period, you will lose the right to cancel referred to in Section 10.
10.4. In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 10, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
10.5. If you cancel an order on the basis described in this Section 10, you will receive a full refund of the amount you paid to us in respect of the order.
10.6. We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
10.7. We will process the refund due to you as a result of a cancellation on the basis described in this Section 10 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.
11. WARRANTIES and REPRESENTATIONS
11.1. You warrant and represent to us that:
11.1.1. you are legally capable of entering into binding contracts;
11.1.2. you have full authority, power and capacity to agree to these terms and conditions; and
11.1.3. all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.
11.2. We warrant to you that:
11.2.1. the completeness or accuracy of the information published on our website;
11.2.2. that the material on the website is up to date; or
11.2.3. that the website or any service on the website will remain available;
11.2.4. any eBooks purchased will be of satisfactory quality;
11.2.5. any eBooks purchased will be reasonably fit for any purpose that you make known to us before a contract under these terms and conditions is made;
11.2.6. your eBooks will match any description of it given by us to you; and
11.2.7. we have the right to supply your eBooks to you.
11.3. We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this disclaimer, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
11.4 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of this disclaimer, our website and the use of our website.
11.5. All of our warranties and representations relating to the eBooks are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 12.1, all other warranties and representations are expressly excluded.
12. LIMITATIONS and EXCLUSIONS of LIABILITY
12.1. Nothing in these terms and conditions will:
12.1.1. limit or exclude any liability for death or personal injury resulting from negligence;
12.1.2. limit or exclude any liability for fraud or fraudulent misrepresentation;
12.1.3. limit any liabilities in any way that is not permitted under applicable law; or
12.1.4. exclude any liabilities that may not be excluded under applicable law, and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
12.2. The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
12.2.1. are subject to Section 12.1; and
12.2.2. govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
12.3. To the extent that our website and the information on our website are typically provided free of charge, we will not be liable for any loss or damage of any nature.
12.4. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.5. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.6. We will not be liable to you in respect of any loss or corruption of any data, database or software.
12.7. We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.8. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
12.9. Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of the total amount paid and payable to us under the contract.
13.1. We may revise these terms and conditions from time to time by publishing a new version on our website.
13.2. A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
14.1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
14.2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
15. NO WAIVERS
15.1. No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
15.2. No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
16.1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
17. THIRD PARTY RIGHTS
17.1. A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
17.2. The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
18. ENTIRE AGREEMENT
18.1. Subject to Section 12.1, these terms and conditions shall constitute the entire agreement between you and us in relation to the use of the website, the sale and purchase of our downloads and the use of those downloads, and shall supersede all previous agreements between you and us in relation to the sale and purchase of our downloads and the use of those downloads.
19. LAW and JURISDICTION
19.1. These terms and conditions shall be governed by and construed in accordance with English law.
19.2. Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
20. STATUTORY and REGULATORY DISCLOSURES
20.1. We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
20.2. These terms and conditions are available in the English language only.
20.3. The website of the European Union’s online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main.
21. OUR DETAILS
21.1. This website is owned and operated by Ovester Limited registration trading as Ovester.
21.2. We are registered in England and Wales under registration number 06250776, and our registered office is at 2 Ambleside Avenue, London, SW16 6AD, United Kingdom.
21.3. Our principal place of business is at Ovester Publishing, Kemp House, 152-160 City Road, London, EC1V 2NX, United Kingdom.
21.4. You can contact us:
• by post, using the address Ovester Publishing, Kemp House, 152-160 City Road, London, EC1V 2NX, United Kingdom’
• using our website contact form (found in the main or footer menus);
• by email, using firstname.lastname@example.org;
• by telephone on +44 (0)20 7043 9820.