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Terms & Conditions
Please read this agreement carefully. It sets out the terms under which Offline Digital Limited (t/a Informance) offers you use of its web applications (the “Service”). By accessing the Service and / or redeeming an eBook voucher, downloading eBooks or registering an account with the Service, you agree to be bound by the terms and conditions set out below. Please leave the Service If you do not wish to be bound by them.
This agreement is made between you and Offline Digital Limited (registered in England and Wales, number 07519596).
- "Bundle" means the one or more Publications sold together;
- "Content" includes all or any part of any text, graphics, layout, logos, images, audio material, films or other moving images, published or otherwise available on or via the Service from time to time (including, anything made available for streaming, download or sale;
- "Event Outside Our Control" means any act or event beyond our reasonable control;
- "Material" includes all or part of any text, graphics, layout, logos, images, audio material, films or other moving images;
- "Publication" means those materials that are available on the Service for purchase or as part of the specific Subscription Service you have purchased;
- "Subscription Service" means the monthly or annual subscription service whereby you purchase access to a specific package as set out in the menu of subscription packages available for the duration of the term of the Subscription;
- "Studio License" means a license purchased for Publications or a Subscription Service for professional use within a teaching studio or practice
- "Trade Marks" means the trade marks, logos and service marks (whether or not registered) displayed on the Service or as part of the Content or Publications;
- "User Generated Content" includes any material submitted by you via any account you may have with us to the Service, including, without limitation, comments, reviews and ratings.
Use of the Service
- The Service, including the Content and the Publications is for personal and non-commercial use only except for Content and Publications purchased under a studio license which may be used with any number of your own students as an individual teacher (this license may not be shared with any other teachers in the same studio or different studios.udents as an individual teacher; this license may not be shared with any other teachers in the same studio or different studios).
- Publications purchased via the Service may be available in a number of different formats, some of which may require the download of software for viewing depending on the device(s) you are using.
- You may download and access your Content and Publications from a maximum of five personal devices you own e.g. two laptops, one tablet, one PC and one mobile phone.
- You may download and print portions of the Service and/or the Content or the Publications for your personal, non-commercial use and for instructional purposes (unless you have a studio license). You must maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print. To protect the intellectual property of our authors, Publication downloads and downloads from the Service may be protected with hidden watermarks for the purposes of identifying infringement.
- Subject always to general principles of fair use, you may use material that you download or print for instructional purposes undertaken by you personally provided that you do not use 5% of each Publication for any individual item of instructional material prepared by you.
- Making additional copies of or sharing Publications or Content with other persons is considered a breach of copyright against which legal action may be taken (unless you have a studio license).
- You may not copy, modify or remove any copyright or other notices contained within any eBooks downloaded from the Service.
- Publications are supplied in the formats provided by their publisher and may require the download of software for viewing depending on the device(s) you are using (a recommended list of third-party applications is included within the download instructions).
Content and Intellectual Property
- The intellectual property rights in all design, text, graphics and other material (other than User Generated Content) and the selection or arrangement of such material in the Service, including the Content, the Publications and the Trade Marks is owned by us and/or our licensor. The Service, the Content and the Publications are protected by the copyright laws and other intellectual property laws of the United Kingdom and the United States and are protected globally by applicable international copyright treaties.
- The Service uses a system called Custos for eBooks to protect the intellectual property of our licensors and authors. Publications and Content downloaded from the Service may contain invisible watermarks for the purposes of monitoring unauthorised sharing and distribution. These watermarks do not contain personal details and are used purely for the purposes of identifying the source transaction of the file.
- If we detect the unauthorised sharing or distribution of Publications or Content downloaded from the Service, we will notify the licensor who may take legal action. Therefore, it is your responsibility to ensure that eBook files download from the Service are not shared with or accessible beyond your personal device(s).
- The Content and Publications on the Service have been submitted by third parties, including publishers and authors. We accept no responsibility for the content available from the Service, including, without limitation, any error, omission or inaccuracy therein.
Availability of the Service and Security
- Due to the nature of the internet, we cannot promise full and error or virus free operation of the Service at all times.
- All of our liability and the liability of our directors or employees or agents or contractors arising for any loss arising from your use of or inability to use the Service is excluded, insofar as it is possible to do so in law.
- Any and all information or material of whatever nature added to or stored by you on the Service is added or stored entirely at your own risk. All of our and the liability of our directors or employees or agents or contractors in respect of the loss or deletion of your material or your inability for whatever reason to access your material is excluded, insofar as it is possible to do so in law.
- From time to time, your access to the Service may be suspended in order for work to be carried out relating to upgrading or maintenance or otherwise as necessary for the provision of the Service.
- We will use reasonable endeavours to ensure that the Service and any information we hold on you are kept secure. However, due to the nature of the internet, we cannot accept any liability for those who intentionally attempt to and/or gain unauthorised access to the same by means such as, without limitation, computer hacking.
Registration and Data Protection
- Where you are asked to complete a registration form, the personal details that you provide must be true, accurate and complete.
- You may only use your own email address for the purposes of redeeming vouchers or registering accounts.
- You will keep your password(s) relevant to the Service confidential and not reveal them to anyone else. You are responsible for all activities that are carried out under your username and password(s).
- You agree to notify us immediately by email at firstname.lastname@example.org of any unauthorised use of your account of which you become aware and to change your username and/or password(s) to ensure your account is secure.
- It is your responsibility to notify us of any changes to your contact details through the Service or by email at email@example.com.
- You can cancel your registration at any time through the Service using the “Cancel my account” option or by contacting us at firstname.lastname@example.org.
- If you use Facebook Connect to register to use the Service, we cannot cancel that registration for you. To do so, you’ll need to edit your Facebook account settings.
- At any time without notice and in our absolute discretion, we may permanently or temporarily terminate, suspend or deny your access to the Service and / or its eBooks. At any time without notice and in our absolute discretion, we may remove or edit any content on the Service. This includes, but is not limited to, instances where a breach of copyright relating to eBooks you have downloaded using the Service has occurred.
Termination and Cancellation
- Subscriptions renew automatically by default but you can turn off automatic renewals or cancel your subscription immediately via hte "My Account" page at any time. If you turn off automatic renewals, your subscription will run until the end of the subscription billing period (end of the month or end of the year depending on which subscription option you purchased). Please note that fees for eBooks and Study Editions included within certain subscription options are not refundable. Therefore if you cancel your subscription or turn off renewals, you will continue to have access these publications.
- Sales of Publications are considered final and are therefore non-refundable.
- At any time without notice and in our absolute discretion, we may permanently or temporarily terminate, suspend or deny your access to the Service, the Content and/or the Publications. At any time without notice and in our absolute discretion, we may remove or edit any Content on the Service or in any Publication.
- Where you have purchased a Publication in the event that we cease to have the rights to make any Publication purchased by you available, we will remove it from the Service and refund you with the cost of the purchase.
- If we cease to make the Publications you have purchased available on the Service then we will arrange for the Content of the Publications purchased to be available to you for download or viewing via an alternate method to the online access originally provided via our Service. Please note that in such circumstances the functionality provided for accessing and interacting with the content might differ to that provided via our web applications and some limitations regarding interactive functionality may be limited. We will however use reasonable endeavours to provide you with access to the Content that you have purchased.
- We reserve the right to amend and/or withdraw the Subscription Services without notice and your sole remedy shall be as set out below.
- If we cease to make the Subscription Services available on the Service, you will be entitled to a pro rata refund for any unused whole days remaining on your subscription but will not be entitled to access the Publications thereafter. For these purposes we will regard a day as starting at 00.01 hours GMT or BST, as the case may be.
- By law, customers in the European Union have the right to cancel the contract for the purchase of an item within seven working days beginning with the day after the date a Publication or Bundle is added to your account or you obtain access to the Subscription Services. However, this does not apply where you have accessed any Publication or any item from any Bundle or accessed the Subscription Service.
- Where you have not accessed any Publication or any item from any Bundle that has been added to your account or accessed the Subscription Service, you may cancel the contract within the seven working day period by contacting us by e-mail at a href="mailto:email@example.com">firstname.lastname@example.org.
- As soon as we receive notice of your cancellation, we will refund the purchase price to you via the same method of payment you used to make the purchase.
Liability and Indemnity
- In no event shall we, nor our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
- The Service is provided on an “as is” basis without any representation and we make no warranties of any kind, whether express or implied, in relation to the Service or any transaction that may be conducted on or through the Service including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade and we do not accept any responsibility in respect of the same. Your use of all and any information and/or data included in and/or on the Service, and/or its eBooks is entirely at your own risk.
- You agree fully to indemnify, defend and hold us, and our directors or employees or agents or contractors or other representatives harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions by you; or any other liabilities arising out of your use of the Service.
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an event outside our control.
- The Service, the Content and the Publications may include links to web sites and/or services owned and/or operated by third parties. We are not responsible for and do not give any warranties or make any representations regarding any such web sites and/or services and are not responsible for or liable in relation to such web sites and/or services (save to the extent, if any required by law).
- This agreement is personal to you and you may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree in writing.
- We may transfer our rights and obligations to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions. If this happens, we will notify you in writing or by posting here or on the Service.
- Failure by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
- We have the right to vary this agreement from time to time and such changes shall become effective as soon as they are posted. Your continued use of the Service and constitutes your agreement to all such changes.
- The Terms and Conditions in force at each time you redeem or download an eBook using the Service will apply.
- These Terms and Conditions are governed by English law and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction.
- If the whole or any part of any provision of these Terms and Conditions is or becomes invalid, void or unenforceable for any reason the same shall to the extent required be severed from these Terms and Conditions and rendered ineffective so far as is possible without modifying the remaining provisions of these Terms and Conditions and shall in no way affect the validity or enforceability of any other provisions.
- These Terms and Conditions are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.
Please contact us at email@example.com if you have any further questions regarding these Terms and Conditions.