Terms and Conditions

 


These Terms and Conditions were last updated on 29th October 2020.

 

 

  • Website Terms & Conditions of Sale
  • Website Terms & Conditions of Use
  • Mobile app Terms & Conditions

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    Website Terms & Conditions of Sale

    1. These terms

    1.1 What these terms cover.  These are the terms and conditions on which we supply products to you, whether these are physical goods or digital content.

    1.2 Why you should read them.  Please read these terms carefully before you submit your order to us.  These terms tell you:

    (a) who we are;

    (b) how we will provide products to you;

    (c) how you and we may change or end the contract;

    (d) what to do if there is a problem; and

    (e) other important information.

    If you think that there is a mistake in these terms, please contact us to discuss this. 

    2. Information about us and how to contact us

    2.1 Who we are.  We are Mrs Wordsmith Limited, a company registered in England and Wales.  Our company registration number is 09483252 and our registered office is at Unit 201, The Shepherds Building, Charecroft Way, London, W14 0EE.  Our registered VAT number is GB 239 0579 86

    2.2 How to contact us. You can contact us by writing to us at:

    (a) info@mrswordsmith.com; or  info@mrswordsmith.com

    (b) Unit 201, The Shepherds Building, Charecroft Way, London, W14 0EE.

     

    2.3 How we may contact you.  If we have to contact you, we will do so by:

    (a) telephone; or

    (b) writing to you at the email address or postal address you provided to us in your order.

    2.4 ‘Writing’ includes emails.  When we use the words ‘writing’ or ‘written’ in these terms, this includes emails.

    2.5 Legal promises.  Where we refer to a ‘legal promise’ or a similar term, this means a warranty.

    3. Our contract with you

    3.1 Contracts with consumers and educational organisations.  To place an order with us, you must be:

     (a) a consumer.  In other words, an individual acting for purposes that are wholly/mainly outside of your trade, business, craft or profession; or

     (b) a children’s nursery or playgroup or a school or another academic institution (an Educational Organisation).

    By placing an order, you make a legal promise that:

    (c) you are a consumer or an Educational Organisation;

    (d) other than where you are an Educational Organisation, you are not placing an order for purposes relating to your trade, business, craft or profession;

    (e) you will not use the product(s) for commercial purposes or in commercial activities (other than, in the case of an Educational Organisation, for entertaining and educating children in your care).

    3.2 Contracts with adults.  To place an order with us, where you are:

     (a) a consumer you must be and you make a legal promise that you are:

        (i) aged 18 or older; and

        (ii) the legal age of majority or older in the place where you habitually reside;

     (b) an Educational Organisation, the person placing the order must:

        (i) be (and represents and warrants that they are) over:

              (A) the age of 18; and

              (B) the legal age of majority or older in the place where they habitually reside and in the place where the Educational Organisation is situated;

         (ii) have (and represents and warrants that they have) the authority to place the order on these terms for, and on behalf of, the Educational Organisation.

    3.3 How we will accept your order.  Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

    3.4 If we cannot accept your order.  If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product(s).  This might be because:

                                      (a) physical goods are out of stock;

                                      (b) of unexpected limits on our resources for which we could not reasonably plan; or

                                       (c) we have identified an error in the price or description of the product(s).

    3.5 Your order number We will assign an order number to your order and tell you what it is when we accept your order.  It will help us if you can tell us the order number whenever you contact us about your order.

    3.6 These terms are for sales worldwide, excluding the USA.  All sales to customers located in the USA are on different terms, located [here].  By confirming your agreement to these terms, you legally promise that, where you are:

                                     (a) a consumer, you are not habitually resident in the USA;

                                     (b) an Educational Organisation, you are not established in the USA.

    4. Our products

    4.1 Products may vary slightly from their pictures.  The images of the products on our website are for illustrative purposes only.  Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products.  Your product(s) may vary slightly from those images.

    4.2 Product packaging may vary.  The packaging of physical goods may vary from that shown in images on our website.

    5. Your rights to make changes

    If you wish to make a change to your order, please contact us. We will let you know if the change is possible.  If it is possible, we will let you know about:

                             (a) any changes to the price of the product(s);

                             (b) the timing of supply; and/or

                             (c) anything else which would be necessary as a result of your requested change, 

    and ask you to confirm whether you wish to go ahead with the change. 

    If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract.  (See 8.)

    6. Our rights to make changes to digital content

    We may update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it. 

    7. Providing the products

    7.1 Delivery costs.  The costs of delivery of any physical goods will be as displayed to you on our website during the order process.

    7.2 Import duties and taxes.  The cost of our products includes UK sales taxes.  If you order physical goods for delivery outside of the UK, you agree that it is your sole responsibility to pay any import duties and taxes (and any other costs associated with customs and/or customs clearance) of the jurisdiction to which the goods are to be delivered.

    7.3 When we will provide the product(s).  If the product(s) are:

                                      (a) physical goods, we will deliver them to you as soon as reasonably possible and (in any event) within 30 days after the day on which we accept your order;

                                       (b) digital content, we will make that digital content available for download by you as soon as we accept your order.

    7.4 We are not responsible for delays outside our control.  If our supply of physical goods is delayed by an event outside our control, we will:

        1. contact you as soon as possible to let you know; and
        2. take steps to minimise the effect of the delay.  

    Provided that we do this, we will not be liable for delays caused by the event but – if there is a risk of substantial delay – you may contact us to end the contract and receive a refund for any goods you have paid for but not received.

    7.5 If you are not at home when physical good(s) are delivered.  If no one is available at your address to take delivery and the good(s) cannot be posted through your letterbox, we will leave you a note informing you of how to:

                                      (a) rearrange delivery; and/or

                                      (b) collect the good(s) from a local depot.

    7.6 If you do not re-arrange delivery.  If, after a failed delivery to you, you do not:

                            (a) re-arrange delivery; or

                            (b) collect the good(s) from a delivery depot,

    we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we may end the contract and 10.2 will apply.

    7.7 When you become responsible for physical good(s).  Physical good(s) will be your responsibility from the time:

                           (a) we deliver those good(s) to the address you gave us; or

                           (b) you collect those good(s) from a delivery depot.

     

    7.8 When you own physical goods.  You own physical good(s) once we have received payment for them in full.

    7.9 Your licence to digital content.  Once you have paid for digital content and downloaded it, you have a limited licence to that digital content.  That licence:

     (a) where you are a consumer:

                                      (i) allows you and the members of your household to use it solely for your own personal and non-commercial entertainment and education;

                                      (ii) does not allow you to:

                                          (A) copy or use it for any commercial purpose;

                                          (B) (and you legally promise that you will not) distribute it or share it outside of your household or otherwise let anyone else outside of your household copy or use it;

     (b) where you are an Educational Establishment:

                                     (i) allows you to use it solely for the purpose of entertaining and educating the children in your care;

                                     (ii) does not allow you to:

                                     (A) copy or use it for any other commercial purpose;

                                     (B) (and you represent and warrant that you will not) distribute it or share it outside of your establishment or otherwise let anyone else outside of your establishment copy or use it.

    If you fail to comply with this licence, we can revoke it immediately and will not be obliged to give you a refund.

    8. Your rights to end the contract

    8.1 You can always end your contract with us.  Your rights when you end the contract will depend on:

     (a) what you have bought;

     (b) whether there is anything wrong with it;

     (c) how we are performing; and

     (d) when you decide to end the contract.

    If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back) – see 11.

    If you want to end the contract because of something we have done or have told you we are going to do – see 8.2.

    If you have just changed your mind about a product – see 8.3.  You may be able to get a refund if you are within the cooling-off period but this may be subject to deductions and (if applicable) you will have to pay the costs of return of any goods.

    In all other cases (if we are not at fault and there is no right to change your mind) – see 8.6.

    8.2 Ending the contract because of something we have done or are going to do If you are ending a contract for a reason set out at (a) to (c) below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation.  The reasons are:

                                      (a) we have told you about an error in the price of the product(s) you have ordered and you do not wish to proceed;

                                      (b) there is a risk that supply of physical goods may be significantly delayed because of events outside our control;

                                       (c) you have a legal right to end the contract because of something we have done wrong. 

    8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund.  These rights under the Consumer Contracts Regulations 2013 are explained in more detail in these terms. 

    8. 4 When you don’t have the right to change your mind.  You do not have a right to change your mind in respect of digital products after you have started to download them.  By downloading digital content, you acknowledge that you will lose your right to change your mind.

    8.5 How long do I have to change my mind?  How long you have depends on what you have ordered and how it is delivered.

     (a) Have you bought digital content for download?  If so, you have:

            (i) 14 days after the day we email you to confirm we accept your order; or

            (ii) if earlier, until you download the content.  

     (b) Have you bought physical good(s) (e.g. physical books)?  If so you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days – in which case, you have until 14 days to change your mind about the goods after the day you (or someone you nominate) receives the last delivery.

     

    8.6 Ending the contract where we are not at fault and there is no right to change your mind.  Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed but – if you do – you may have to pay us compensation.  A contract for:

         (a) physical good(s) is completed when the good(s) are paid for and delivered;

         (b) digital content is completed when the content is paid for and downloaded. 

    If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know.  The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.

    9. How to end the contract with us (including if you have changed your mind)

    9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:  

     (a) by email.  Email us at info@mrswordsmith.com. Please provide your name, home address, details of the order, phone number and email address. 

     (b) by post.  Simply write to us at that address, including details of:

                (i) what you bought;

                (ii) when you ordered or received it; and

                (iii) your name and address. 

    9.2 Returning physical goods after ending the contract.  If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us.  You must post them back to us at Unit 201, The Shepherds Building, Charecroft Way, London, W14 0EE.  Please email us at  info@mrswordsmith.com for a return label.

    If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract. 

    9.3 When we will pay the costs of return of physical goods.  We will pay the costs of return:

     (a) if the goods are faulty or mis-described;

     (b) if you are ending the contract because:

        (i) we have told you of an error in pricing;

        (ii) of a delay in delivery due to events outside our control; or

        (iii) you have a legal right to do so as a result of something we have done wrong.

    In all other circumstances (including where you are exercising your right to change your mind), you must pay the costs of return.   

    9.4 How we will refund you.  We will refund you the price you paid for the products (including delivery costs) using the same method you used for payment.  However, as described below, we may make deductions from the price.

    9.5 Deductions from refunds for physical goods if you are exercising your right to change your mind.  If you are exercising your right to change your mind in respect of an order for physical goods: 

      (a) we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.  If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;

      (b) the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3–5 days at one cost but you choose to have the goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

    9.6 When your refund will be made.  We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then: 

     (a) if the products are physical goods, your refund will be made:

        (i) within 14 days from the day on which we receive the goods back from you; or

        (ii) if earlier, the day on which you provide us with evidence that you have sent the goods back to us;

    (For information about how to return a product to us, see clause 9.2.)

       (b) in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

    10. Our rights to end the contract

    10.1 We may end the contract if you break it.  We may end the contract at any time by writing to you if you do not, within a reasonable time, allow us to deliver physical goods to you or collect them from a local depot.

    10.2 You must compensate us if you break the contract. If we end the contract as set out in 10.1, we will refund any money you have paid in advance for physical goods that we have not provided but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the contract

    11. If there is a problem with the product

    11.1 How to tell us about problems.  If you have any questions or complaints about the product(s), please contact us.  You can write to us at:

      (a) info@mrswordsmith.com; or  info@mrswordsmith.com

      (b) Unit 201, The Shepherds Building, Charecroft Way, London, W14 0EE.

    11.2 Products that conform with the contract.  We are under a legal duty to supply products that are in conformity with this contract. 

    11.3 Your obligation to return rejected physical goods.  If you wish to exercise your legal rights to reject goods, you must post them back to us.  We will pay the costs of postage or collection.  Please email us at  info@mrswordsmith.com for a return label.

    12. Price and payment

    12.1 Where to find the price for the product(s). The price of the product(s) (which includes VAT) will be the price indicated on the order pages when you placed your order.  We use our best efforts to ensure that the price of the product(s) advised to you is correct.  However, please see 12.2 for what happens if we discover an error in the price of the product(s) you order. 

    12.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced.  We will normally check prices before accepting your order so that, where the product(s)’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount.  If the product(s)’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.  If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may:

     (a) end the contract;

     (b) refund you any sums you have paid; and

     (c) require the return of any physical goods provided to you.

    12.3 When you must pay and how you must pay.  We accept payment with American Express, Apple Pay, Google Pay, Mastercard, PayPal, Visa.  You must pay when you check out on our site but payment will not create a contract between us.  (See clause 3.3.)

    12.4 We can charge interest if you pay late.  If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Silicon Valley Bank from time to time.  This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment.  You must pay us interest together with any overdue amount. 

    12.5 What to do if you think an invoice is wrong.  If you think an invoice is wrong, please contact us promptly to let us know.  You will not have to pay any interest until the dispute is resolved.  Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

    13. Our responsibility for loss or damage suffered by you

    13.1 We are responsible to you for foreseeable loss and damage caused by us.  If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our:

     (a) breaking this contract; or

     (b) failing to use reasonable care and skill, 

    but we are not responsible for any loss or damage that is not foreseeable.  Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen (for example, if you discussed it with us during the sales process).

    13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.  This includes liability for:

     (a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

     (b) fraud or fraudulent misrepresentation;

     (c) breach of any legal rights in relation to the products, including (where applicable) the right to receive products which are:

       (i) as described;

       (ii) match information we provided to you and any sample seen by you;

       (iii) of satisfactory quality;

       (iv) supplied with reasonable skill and care;

       (v) defective products under the Consumer Protection Act 1987

    13. 3 If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.

    13.4 We are not liable for business losses.  Whether you are a consumer or an Educational Establishment, we will have no liability to you for any:

          1. loss of profit;
          2. loss of business;
          3. business interruption; or
          4. loss of business opportunity.

    14. How we may use your personal information

    We will only use your personal information as set out in our [privacy policy]

    15. Other terms and conditions

    You may have agreed to other terms (e.g. our [website terms and conditions of use] and policies in the course of using our website at <mrswordsmith.com> and there may be other information on our website.  Nothing in these terms overrules those other terms, policies or that information.  However, if there is a conflict between those terms, policies and/or that information, these terms shall take precedence.

    16. Other important terms

    16.1 We may transfer this agreement to someone else We may transfer our rights and obligations under these terms to another organisation.  We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

    16.2 You need our consent to transfer your rights to someone.  You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.  We may not agree if this would be detrimental to us.

    16.3 Nobody else has any rights under this contract.  This contract is between you and us.  No other person shall have any rights to enforce any of its terms.  Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

    16.4 If a court finds part of this contract illegal, the rest will continue in force Each of the clauses of these terms operates separately.  If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

    16.5 Even if we delay in enforcing this contract, we can still enforce it later.  If we:

     (a) do not insist immediately that you do anything you are required to do under these terms; or

     (b) delay in taking steps against you in respect of your breaking this contract, 

    that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.  For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

    16.6 Which laws apply to this contract and where you may bring legal proceedings.  These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.  If you live outside of England and Wales, you can also bring proceedings in the courts of the jurisdiction where you are habitually resident.

     

     

     

     

  • Model Cancellation Form
  •  

     

     

     

    (Complete and return this form only if you wish to withdraw from the contract)

    To [TRADER'S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]

    I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

    Ordered on [*]/received on [*],

    Name of consumer(s),

    Address of consumer(s),

    Signature of consumer(s) (only if this form is notified on paper),

    Date

    [*] Delete as appropriate

    © Crown copyright 2013.




    Website Terms & Conditions of Use

     

    PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

     

    What’s in these terms?

    These terms tell you the rules for using our website <mrswordsmith.com> (our site).

    Click on the links below to go straight to more information on each area:  

    • Who we are and how to contact us
    • By using our site, you accept these terms 
    • There are other terms that may apply to you 
    • We may make changes to these terms
    • We may make changes to our site 
    • We may suspend or withdraw our site 
    • We may transfer this agreement to someone else
    • You must keep your account details safe 
    • How you may use material on our site
    • Do not rely on information on our site
    • Acceptable use policy
    • We are not responsible for websites we link to
    • User-generated content is not approved by us
    • How to complain about content uploaded by other users
    • Our responsibility for loss or damage suffered by you
    • Exclusion of liability for digital content
    • Personal information and cookies
    • Uploading content to our site
    • Rights you are giving us to use material you upload
    • We are not responsible for viruses and you must not introduce them
    • Rules about linking to our site
    • Which country’s laws apply to any disputes?
    • Our trade marks are registered









    Who we are and how to contact us

    <mrswordsmith.com> is a site operated by Mrs Wordsmith Limited (weour etc.).  We are registered in England and Wales under company number 09483252 and have our registered office at Unit 201, The Shepherds Building, Charecroft Way, London, W14 0EE.  Our VAT number is GB 239 0579 86

    To contact us, please write to us at:

    • info@mrswordsmith.com; or  info@mrswordsmith.com
    • Unit 201, The Shepherds Building, Charecroft Way, London, W14 0EE.

    By using our site, you accept these terms

    By using our site, you confirm that you:

    • accept these terms
    • agree to comply with these terms.

    If you do not agree to these terms, you must not use our site.

    We recommend that you print a copy of these terms for future reference.

    There are other terms that may apply to you

    These terms refer to our [privacy policy] (see [personal information and cookies]),which also apply to your use of our site.

    If you purchase physical goods or digital content from our site, our [terms and conditions of sale]  will apply to those sales.

    Nothing in these terms overrules our privacy policy or those terms.  If there is a conflict between our privacy policy and and/or those terms and these terms, our privacy policy and those terms shall take precedence.

    You

    Our site may only be used by:

    • consumers.  In other words, individuals acting for purposes that are wholly/mainly outside of their trade, business, craft or profession; or
    • children’s nurseries and playgroups and schools and other academic institutions (an Educational Organisation).

    By using our site, you legally promise (warrant) that:

    • you are a consumer or an Educational Organisation; 
    • other than where you are an Educational Organisation, you are not using our site (or the content on our site) for purposes relating to your trade, business, craft or profession; 
    • you will not use our site (or the content on our site) for commercial purposes or in commercial activities (other than, in the case of an Educational Organisation, for entertaining and educating children in your care).

    We may make changes to these terms

    We amend these terms from time to time.  Every time you wish to use our site, please check these terms to ensure that you understand the terms that apply at that time.  These terms were most recently updated on October 2020

    We may make changes to our site

    We may update and change our site from time to time.  We will try to give you reasonable notice of any major changes.

    We may suspend or withdraw our site

    Our site is made available free of charge.

    We do not guarantee that our site, or any content on it, will always be available or be uninterrupted.  For any reason, we may suspend or withdraw or restrict the availability of all or any part of our site or content.  We will try to give you reasonable notice of any suspension or withdrawal of our site.

    We may suspend, withdraw or change our loyalty club

    We offer a loyalty club whereby our customers can receive benefits (for example, discounts on products). 

    We do not guarantee that our loyalty club will always be available.  For any reason and at any time, we may:

    • suspend or withdraw the loyalty club; or
    • alter how the loyalty club operates.  For example, the range and level of discounts offered.

    We may transfer this agreement to someone else

    We may transfer our rights and obligations under these terms to another organisation.  We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

    You must keep your account details safe

    If you choose (or you are provided with) a username and password as part of our security procedures:

    • you must:
      •   treat that password as confidential; 
      •   not disclose it to any third party;
    • we have the right to disable that user account (at any time) if:
      •   in our reasonable opinion you have failed to comply with any of the provisions of these terms;
      •   we know or reasonably suspect that a third party knows your password;
    • if you know or suspect that anyone other than you knows that password, you must immediately notify us at info@mrswordsmith.com

    How you may use material on our site

    We are the owner or the licensee of all intellectual property rights in our site and in the content published on it.  Those rights are protected by copyright laws and treaties around the world.  All such rights are reserved.

    You may print off one copy of any page(s) from our site.  We may also make certain content (for example, e-books) available to download free of charge.

    Once you have printed any page(s) and/or downloaded any free content (together, the Material), you have a limited licence to the Material.  That licence:

    • where you are a consumer:
      •   allows you and the members of your household to use it solely for your own personal and non-commercial use;
      •   does not allow you to:
        •   copy or use it for any commercial purpose;
        •   (and you legally promise that you will not) distribute it or share it outside of your household or otherwise let anyone else outside of your household copy or use it;
    • where you are an Educational Establishment:
      •   allows you to use it solely for the purpose of entertaining and educating the children in your care;
      •   does not allow you to:
        •   copy or use it for any other commercial purpose;
        •   (and you represent and warrant that you will not) distribute it or share it outside of your establishment or otherwise let anyone else outside of your establishment copy or use it.

    If you fail to comply with this licence (or any of these terms), we can revoke this licence immediately and you must (at our option) return or destroy any copies of the Materials.  Otherwise, we can revoke this licence on 30 days’ notice and you must (at our option) return or destroy any copies of the Materials.  

    Do not rely on information on this site

    The content on our site is provided for general information 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, warranties or guarantees (whether express or implied) that the content on our site is accurate, complete or up to date.

    We are not responsible for websites we link to

    Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.  Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

    We have no control over the contents of those sites or resources.

    User-generated content is not approved by us

    Our site may include content uploaded by other users of the site (including reviews).  This content has not been verified or approved by us.  Any views expressed by other users on our site do not represent our views or values.

    How to complain about content uploaded by other users

    If you wish to complain about content uploaded by other users, please [contact us].  

    Our responsibility for loss or damage suffered by you

    Whether you are a consumer or Educational Establishment:

    • we do not exclude or limit in any way our liability to you where it would be unlawful to do so.  This includes liability for:
    •   death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
    •   fraud or fraudulent misrepresentation;
    • different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products (including digital content) to you, as set out in our [terms and conditions of sale]. 

    If you are a consumer:

    • you agree:
    •   not to use our site for any commercial or business purposes;
    •   that we have no liability to you for any:
    •   loss of profit; 
    •   loss of business; 
    •   business interruption; or 
    •   loss of business opportunity.
    • if defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.

    If you are an Educational Establishment:

    • we exclude all implied conditions, warranties, representations or other terms that may apply to our site (including any content on it) and/or your use of it;
    • we will not be liable to you for any loss or damage (whether in contract, tort (including negligence), breach of statutory duty or otherwise), 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 or available on our site.

    In particular, we will not be liable for:

    •   loss of profits, sales, business or revenue;
    •   business interruption;
    •   loss of anticipated savings;
    •   loss of business opportunity, goodwill or reputation; or
    •   any indirect or consequential loss or damage.

     

    Personal information and cookies

    We will only use your personal information as set out in our [privacy policy]. 

    We may also store cookies on your device and the use the information collected, as set out in our [privacy policy]. 

    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 legally promise (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 promise.  This means you will be responsible for any loss or damage we suffer as a result of your breach of that promise.

    Any content you upload to our site will be considered non-confidential.  You retain all of your ownership rights in your content but, by uploading content, you are deemed to grant us a limited licence to that content, as described [below].  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.

    We have the right to remove any content you upload to our site if (in our opinion) that content does not comply with the content standards set out in our [acceptable use policy].

    You are solely responsible for securing and backing up your content.

    Rights you are giving us to use material you upload

    When you upload or post content to our site, you grant us a worldwide, non-exclusive, royalty-free, sub-licensable, transferable licence to use, store, reproduce, distribute, prepare derivative works of, display and perform that content for any purposes connected with our site and our products (including to promote our site and our products).

    You may terminate that licence by giving us not less than 90 days’ notice by email at info@mrswordsmith.com

    Acceptable use policy

    This acceptable use policy sets out the standards that apply when you upload content to our site or interact with our site in any other way.

    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;
      •   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 bully, insult, intimidate or humiliate any person;
    • 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 (i.e. spam);
    • to knowingly transmit any data (including sending and uploading) and/or material that contains:
      •   viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware; 
      •   any other harmful programs; or
      •   any other 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 these terms;
    • 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.

     

    The following content standards apply to any and all material which you contribute to our site (a Contribution).

    You must comply with the spirit of the content standards as well as the letter.  The content standards apply to each part of any Contribution as well as to its whole.  We will determine (in our sole discretion) whether a Contribution breaches the content standards.

    Each Contribution must:

    • be accurate (where it states facts);
    • be genuinely held (where it states opinions);
    • comply with the law applicable in England and Wales and in any country from which it is posted.

    A Contribution must not:

    • be defamatory of any person;
    • be obscene, offensive, hateful or inflammatory;
    • bully, insult, intimidate or humiliate;
    • promote sexually explicit material;
    • include child sexual abuse material;
    • promote violence;
    • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
    • infringe any copyright, database right or trade mark of any other person;
    • be likely to deceive any person;
    • breach any legal duty owed to a third party (e.g. a contractual duty or a duty of confidence);
    • promote any illegal content or activity;
    • be in contempt of court;
    • 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;
    • impersonate any person or misrepresent your identity or affiliation with any person;
    • give the impression that the Contribution emanates from us, if this is not the case;
    • advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
    • contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
    • contain any advertising or promote any services or web links to other sites.

     

    We are not responsible for viruses and you must not introduce them

    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 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 that is malicious or technologically harmful;
    • 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;
    • 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 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.

    Rules about linking to our site

    You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

    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;
    • to our site in any website that is not owned by you.

    Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

    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].  

    If you wish to link to or make any use of content on our site other than that set out above, please email us at [info@mrswordsmith.com]

    Breaches of the terms

    Where we consider that a breach of these terms has occurred, we may take such action as we deem appropriate and which may include:

    • immediate, temporary or permanent:
      •   withdrawal of your right to use our site;
      •   removal of any Contribution uploaded by you to our site;
    • issue of a warning to you;
    • legal proceedings against you for reimbursement of all costs 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 or as required by law.

    We exclude our liability for all action we may take in response to breaches of these terms.  The actions we may take are not limited to those described above and we may take any other action that we reasonably deem appropriate.

    Which country’s laws apply to any disputes?

    If you are:

    • a consumer, these terms, their subject matter and their formation, are governed by English law and you can bring legal proceedings in respect of the products in the English courts.  If you live outside of England and Wales, you can also bring proceedings in the courts of the jurisdiction where you are habitually resident;
    • an Educational Establishment, these terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law.  We both agree to the exclusive jurisdiction of the courts of England and Wales.

    Our trade marks are registered

    ‘MRS WORDSMITH’, ‘BARKSY’, ‘EPIC WORD ADVENTURE’, ‘FOOLPROOF READING’, ‘MY EPIC LIFE’, ‘SEE IT! STICK IT!’, ‘WORD TAG’ and ‘WORD TAG EPIC ADVENTURE GAME’ are trade marks of Mrs Wordsmith Limited and are registered (or applications for registrations have been filed) in many jurisdictions.  You are not permitted to use them without our approval, unless they are part of material you are using as permitted under [how you may use material on our site]



     

     

     

    Mobile app Terms & Conditions

     

     

     

     

    PLEASE READ THESE LICENCE TERMS CAREFULLY



    Who we are and what this agreement does

    We are Mrs Wordsmith Limited, a company registered in England and Wales.  Our company registration number is 09483252 and our registered office is at Unit 201, The Shepherds Building, Charecroft Way, London, W14 0EE.  Our registered VAT number is GB 239 0579 86

    On these terms, we license you to use the ‘Foolproof Reading’ mobile application software (the App) and any updates or supplements to it.  Where the context permits this interpretation, ‘the App’ also includes the content we provide to you through or within it.

    Your privacy

    We only use any personal data we collect through your use of the App (or your download of [the Digital Content] in the ways set out in [our privacy policy]. Our privacy policy will apply instead of these terms where there are differences between the two.

    Apple App Store’s terms also apply

    The ways in which you can use the App may also be controlled by the App Store’s rules and policies.  Those rules and policies will apply instead of these terms where there are differences between the two.

    Subscriptions

    We have no control over subscriptions that you purchase for the App through Apple.  You must contact Apple to cancel any subscriptions for the App that you have purchased.

    Operating system requirements

    The App requires an iphone 6s and above with iOS version 11 or higher.

    Support for the App and how to tell us about problems

    If you think the App and/or the Digital Content are faulty or mis-described or wish to contact us for support or any other reason, please email our customer service team at [ info@mrswordsmith.com].  [Insert as link.] 

    If we have to contact you, we will do so by email using the contact details you have provided to us.

    How you may use the App, including how many devices you may use it on

    In return for your agreeing to comply with these terms, you may:

    • download a copy of the App onto your own devices and view, use and display the App on those devices for your personal purposes only.  In addition, you may:
      • share the App in accordance with Apple’s rules and policies on family sharing;
      • allow the other members of your household to use it solely for personal and non-commercial purposes;

    (You legally promise (warrant) that you will ensure that anyone else using the App (as described above) will comply with these terms.)

    • receive and use any free update of the App (for example, incorporating ‘patches’ and corrections of errors) that we make available.

    You

    To accept these terms and/or purchase a subscription to the App, you must be and you legally promise (warrant) that you are a consumer (in other words, an individual acting for purposes that are wholly/mainly outside of your trade, business, craft or profession) you must be and you make a legal promise that you are:

    • aged 18 or older; and
    • the legal age of majority or older in the place where you habitually reside.

    You may not transfer the App or the Digital Content to someone else

    We are giving you personally the right to use:

    • the App, [as set out above];
    • the Digital Content, [as set out below].

    While you may have sharing rights ([as set out above]), you may not otherwise transfer or share the App or the Digital Content with/to someone else (whether for money, for anything else or for free).  

    Before selling any device on which the App is installed and/or the Digital Content is stored, you must remove them from it.

    Changes to these terms

    We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.  If you do not accept any changes, you:

    • will not be permitted to continue to use the App; and
    • may apply to the Apple to cancel your subscription, which will reflect the period the App have been available to you prior to cancellation.

    Updates to the App

    From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues.  Alternatively, we may ask you to update the App for these reasons.

    If you choose not to install such updates or if you opt out of automatic updates, you may:

    • not be able to use the most recent version the App;
    • continue to use the version of the App currently installed on your device(s).

    Licence to downloadable content

    When you purchase a subscription to the App for a year, we will provide you with a code to allow you to (along with details of how to) download printable booklets from our website (Digital Content).

    Once you have downloaded the Digital Content, you have a limited licence to the Digital Content.  That licence:

    • allows you and the members of your household to use it solely for your own personal and non-commercial entertainment and education;
    • does not allow you to:
    •   copy or use it for any commercial purpose;
    •   (and you legally promise (warrant) that you will not) distribute it or share it outside of your household or otherwise let anyone else outside of your household copy or use it.

    App Licence restrictions

    You agree that you will:

     

    • except in the course of permitted sharing,not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form (in whole or in part) to any person without prior written consent from us;
    • except as necessary to use the App on devices as permitted in these terms, not:
      •   translate, merge, adapt, vary, alter or modify, the whole or any part of the App;
      •   permit the App (or any part of it) to be combined with (or become incorporated in) any other programs;
    • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
    •   is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
    •   is not used to create any software that is substantially similar in its expression to the App;
    •   is kept secure; and
    •   is used only for the Permitted Objective.

    Acceptable use restrictions

    You must: 

    • not use the App in any unlawful manner, for any unlawful purpose or in any manner inconsistent with these terms;
    • not act fraudulently or maliciously (for example, by hacking into or inserting malicious code (such as viruses or harmful data) into the App or any operating system;
    • not infringe our intellectual property rights or those of any third party in relation to your use of the App (to the extent that such use is not licensed by these terms).

    Intellectual property rights

    All intellectual property rights in the App and the Digital Content throughout the world belong to us or our licensors and the rights in the App and the Digital Content are licensed (not sold) to you.  You have no intellectual property rights in/to the App or the Digital Content other than the right to use them in accordance with these terms.

    ‘MRS WORDSMITH’, ‘BARKSY’, ‘EPIC WORD ADVENTURE’, ‘FOOLPROOF READING’, ‘MY EPIC LIFE’, ‘SEE IT! STICK IT!’, ‘WORD TAG’ and ‘WORD TAG EPIC ADVENTURE GAME’ are trade marks of Mrs Wordsmith Limited and are registered (or applications for registrations have been filed) in many jurisdictions.  You are not permitted to use them without our approval.

    Our responsibility for loss or damage suffered by you

    We are responsible to you for foreseeable loss and damage caused by us.  If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable.  Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

    We do not exclude or limit in any way our liability to you where it would be unlawful to do so.  This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or sub-contractors or for fraud or fraudulent misrepresentation.

    When we are liable for damage to your property.  If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation.  However, we will not be liable for damage that:

    • you could have avoided by following our advice to apply an update offered to you free of charge; or
    • was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

    We are not liable for business losses.  If you use the App and/or the Digital Content for any commercial, business or resale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

    Limitations to the App.  The App and the Digital Content are provided for general information and entertainment purposes only.  They do not offer advice on which you should rely.  You must obtain professional or specialist advice before taking (or refraining from) any action on the basis of information obtained from the App or the Digital Content.  Although we make reasonable efforts to update the information provided by the App and the Digital Content, we make no representations, warranties or guarantees (whether express or implied) that such information is accurate, complete or up to date.

    Please back-up content and data used with the App.  We recommend that you back up any content and data used in connection with the App in order to protect yourself in case of problems with the App.

    Check that the App is suitable for you.  The App has not been developed to meet your individual requirements.  Please check that the facilities and functions of the App (as described on the App Store) meet your requirements.

    We may end your rights to use the App and the Digital Content if you break these terms

    We may end your rights to use the App and the Digital Content at any time by contacting you if you have broken these terms in a serious way.  If what you have done can be put right we will give you a reasonable opportunity to do so.

    If we end your rights to use the App and the Digital Content:

    • you must stop all activities authorised by these terms, including your use of the App and the Digital Content;
    • you must delete or remove the App and the Digital Content from all devices in your possession and immediately destroy all copies of the App and the Digital Content which you have and confirm to us that you have done this;
    • we may remotely access your devices and remove the App from them.

    We may transfer this agreement to someone else

    We may transfer our rights and obligations under these terms to another organisation.  We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. 

    You need our consent to transfer your rights to someone else

    You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

    Nobody else has any rights under this contract.  

    This contract is between you and us.  No other person shall have any rights to enforce any of its terms.  Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

    If a court finds part of this contract illegal, the rest will continue in force

    Each of the paragraphs of these clauses operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

    Even if we delay in enforcing this contract, we can still enforce it later

    Even if we delay in enforcing this contract, we can still enforce it later.  If we:

    • do not insist immediately that you do anything you are required to do under these terms; or
    • delay in taking steps against you in respect of your breaking this contract, 

    that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

    Which laws apply to this contract and where you may bring legal proceedings

    These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.  If you live outside of England and Wales, you can also bring proceedings in the courts of the jurisdiction where you are habitually resident.