Please read these Terms of Use carefully as they govern your use of the Tempus Fugitives Website and your relationship with the Tempus Fugitives. By accessing this Website or any of its contents you agree to be bound by the following provisions. Definitions of terms used are set out at the end of this document.
1. Copyright
1.1
The content and design of this Website, and any material emailed or otherwise supplied to you in conjunction with the Website, are copyright of the Tempus Fugitives. No duplication or reproduction of this material is permitted, except on the following terms.
1.2
The software that operates this Website is the property of, or is licensed by, the Tempus Fugitives. You must not copy, reverse engineer, modify or otherwise alter or manipulate this software.
1.3
As the User, you acknowledge the Tempus Fugitives’ copyright and other proprietary rights where they exist in the material provided. You acknowledge that you acquire no copyright or other proprietary rights in the material provided as it is viewed or received.
1.4
The material remains the copyright of the Tempus Fugitives in all countries and all languages.
1.5
The User receives no permission to translate, reprint, reproduce or utilise any part of this Website by any means, whether electronic, mechanical or otherwise, either currently known or yet to be invented, except as expressly provided for under these Terms of Use.
2. Grant of General License
2.1
The Terms of Use apply equally to all Users of this site, regardless of what areas of the site you are permitted to access or how such permission was granted.
2.2
To enable you to exercise the rights granted under this Agreement the Tempus Fugitives grant you the rights set out below. You must not view or access the content of this Website, or supply such content to any company, firm or individual except under the terms of this Agreement.
2.3
You may access and make use of the documents and other materials available on this Website for non-commercial purposes only. This includes permission to reproduce and distribute the content and material contained on this Website providing such reproduction or distribution is not for commercial gain
2.4
You are not permitted to use the content or materials available on this Website to create a commercial product, either by reproducing them or elements of them in any material distributed for commercial gain or through use in conferences, seminars or other commercial events.
2.5
You are not permitted to access the restricted areas of the Tempus Fugitives Website without holding a current paid-up membership to the Tempus Fugitives.
2.6
You may make the Tempus Fugitives Website available to others through your own website or in email correspondence by hypertext linking, for the avoidance of doubt, this includes permission to deep link to pages other than the Tempus Fugitives Website home page provided that such links do not permit users to enter password-protected areas of the Website without holding a current paid-up membership to the Tempus Fugitives. The Tempus Fugitives accept no responsibility if the target of any hypertext link is moved or removed.
3. Membership Fees
3.1
Access to certain areas of the Tempus Fugitives Website may be subject to payment of a fee.
3.2
Payment for access to restricted areas of the site must be made in advance and in British Pounds Sterling (GBP).
3.3
If your access to an area of the Website which you have paid for access to is terminated by the Tempus Fugitives, you may be entitled to a refund or partial refund, unless termination was as a result of your failing to comply with these Terms of Use.
3.4
Any refund referred to in clause 3.3 will be calculated on a pro rata basis and will be subject to a £15 administration fee.
3.5
If you become entitled to a refund under the provisions of clause 3.3 the Tempus Fugitives reserve the right, at their sole discretion, to extend your subscription to compensate you for the period during which access was denied rather than to provide a monetary refund.
4. Use of the Online Store
4.1
The prices of items offered for sale by the Tempus Fugitives online store are clearly set out on the Website. Delivery may be included in the price or may be charged for separately, where delivery is charged separately this will be clearly indicated. If by mistake we have under priced an item we will not be liable to supply it to you at that price provided we notify you before dispatching the goods.
4.2
If for any reason beyond our control we are unable to supply you with a particular item we will notify you as soon as possible. The Tempus Fugitives shall not be liable to supply such goods provided notification is given before payment is collected.
4.3
No contract of any kind exists between the Tempus Fugitives and a User placing an order until the Tempus Fugitives collect payment for the goods. At any point up to then the Tempus Fugitives may decline to supply the goods without giving reason. At the moment payment is collected, and not before, a contract exists between the Tempus Fugitives and the purchaser and we will arrange for dispatch of the goods.
4.4
Delivery will be made to a single address specified in the order. The Tempus Fugitives will use reasonable endeavors to secure delivery within 30 days of the date of the order (with the exception of advance orders). However, we shall not be liable for loss occasioned by delay in delivery arising out of any cause beyond our control.
4.5
Payment may be made by PayPal. Authority for payment must be given at the time the order is placed.
4.7
The Tempus Fugitives may, at their sole discretion, offer discounts to certain groups of customers or on orders of a certain size or through the use of discount codes. These discounts will be clearly displayed on the website or on the correspondence that provides the discount code. Only one discount rate may be applied to any order.
5. Online Store Refunds and Returns
5.1
You have the right to cancel your order up to 14 days after the day following delivery of the goods or up to 14 days prior to the commencement of an event if the order is for an event ticket
5.2
If the goods have been dispatched by the time the Tempus Fugitives receive the cancellation notice you must return the goods to the Tempus Fugitives and we will refund the purchase price within 30 days of the notice of cancellation.
5.3
If you do not return the goods within 21 days of the date of cancellation we will make a charge in respect of collection and recovery of the goods.
5.4
If you do not make the goods available for collection or recovery within 30 days of your notice of cancellation you will be deemed to have accepted the goods. At that point a new contract will be formed and you will be charged for the product at the price set out on the Website.
5.5
Any goods returned to the Tempus Fugitives must be in good resalable condition; if not you will be charged for them.
5.6
If for any reason your goods arrive in a damaged or otherwise unsatisfactory condition the Tempus Fugitives will replace them. Please contact the Tempus Fugitives to arrange the return of the defective products and dispatch of replacements. Please do not return defective goods to the Tempus Fugitives until requested to do so.
5.7
Any refunds will be subject to a £15 administrative fee.
5.9
The provisions of clause 5 do not affect your statutory rights.
The Tempus Fugitives disclaim all warranties express and implied to the maximum extent permitted by law including but not limited to warranties of fitness for purpose and merchantability.
6.4
In no event shall the Tempus Fugitives be liable for any damages either express, incidental, consequential or special, including but not limited to, damages for loss of profits, business interruption or other pecuniary loss.
6.5
The Tempus Fugitives do not guarantee that this Website is free from viruses or other destructive or contaminating content.
6.6
The Tempus Fugitives reserves the right to change, modify, suspend, add, remove or restrict access to the site or parts of it at its discretion, without prior notice.
6.7
The Tempus Fugitives may at its sole discretion terminate or suspend your access to all or part of the site with or without cause and without notice.
6.8
The Tempus Fugitives website may contain links to third party websites not controlled by the Tempus Fugitives. The Tempus Fugitives accept no responsibility for the content of such sites or that these links will continue to function. The use of third party content is to be governed by the terms of the site on which it is hosted and the Tempus fugitives accept no responsibility for this.
7. General Terms
7.1
As used herein, unless the context otherwise requires, the masculine includes the feminine, and the neuter includes the masculine and the feminine.
7.2
As used herein, unless the context otherwise requires, the singular includes the plural and vice versa.
7.3
References to any enactment, order, regulation or other similar instrument shall be construed as a reference to the enactment, order, regulation or instrument or any subsequent re-enactment.
7.4
References in this Agreement to sections, clauses and schedules are to the sections, clauses of and schedules to this agreement.
7.5
If any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal, or otherwise unenforceable, the remaining provisions of this agreement shall remain in full force and effect.
7.6
The failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this agreement.
7.7
Headings contained in this Agreement are for reference purposes only and shall not be incorporated into this Agreement and shall not be deemed to be any indication of the meaning of the clauses to which they relate.
7.8
This Agreement shall be governed by, and construed in accordance with, English law. It is hereby irrevocably agreed and accepted that the Courts of England and Wales are to have exclusive jurisdiction to settle any claim, difference or dispute (including, without limitation, claims for set-off or counterclaims) which may arise out of or in connection with this agreement. Each party irrevocably waives any right it may have to object to an action being brought in such Courts, to claim that the action has been brought in an inconvenient forum or to claim that such Courts do not have jurisdiction.
Definitions
For the purposes of the Terms of Use of this Website the following terms shall be accorded the assigned definitions. These definitions shall only apply to the Terms of Use of this site and related agreements. They shall not apply to any of the documents or works contained on this site.
‘Agreement’ – These Terms of Use in their entirety.
‘Commercial’ – Pertaining to commerce and having either monetary or non-monetary gain as motive.
‘Data’ – Any information in print or electronic format including the works and updates in electronic or other format as agreed between the parties.
‘Electronic Format’ – Any format other than print, including those actuated by or as a result of analogue, digital, electronic, compact disk, electrical, magnetic, optical, laser, acoustic, or any such similar technologies, and/or devices accessed using personal computers, workstations, local area networks, wide area networks, intranets, the Internet, or other dial-in access.
‘Extract’ – An extract of less than 25 per cent of a specific document from any of the works included in the data.
‘Individual User(s)’ – A distinctly identifiable individual user of the data obtaining access through the licensee’s services.
‘Professional Use’ – Use of the material in a professional capacity in connection with accounting or other related business.
‘Members’ – Individuals that have access to the Tempus Fugitives Website’s password-protected areas.
‘User(s)’ – All companies, firms, individuals or other legal entities that have access to the Tempus Fugitives Website.
‘Website’ – The Tempus Fugitives’ website including the forum hosted there and all material or web pages that comprise it.
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