Terms of Sale Agreement
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply the services (the “Yearbook Services”) listed on our web site www.Yearbooks4Computers.co.uk (“our Web Site”) to you.
Please read these terms and conditions carefully before ordering any Yearbook Services from our Web Site. You should understand that by ordering any of our Yearbook Services, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please understand that if you do not accept these terms and conditions, you will not be able to order any Yearbook Services from our Web Site.
1. Information about us
1.1 Yearbooks4Computers operates from Wheelwrights Cottage, Walcot Lane, Drakes Broughton, Worcester, WR10 2AJ
1.2 The Web Site is designed to facilitate the creation of your multimedia yearbook CV/DVD project (“Yearbook”)
2. Your Status
By placing an order for our Yearbook Services through our Web Site, you warrant that: (a) you are legally capable of entering into binding contracts; and (b) you are at least 18 years old.
Appointing an Editor
On placing an order through our Web Site you agree to appoint an individual to act as the editor of your Yearbook for the purposes of this agreement with full editorial control over and responsibility for the content submitted by Members (“the Editor”). The Editor must be at least 18 years old and hold a position of suitable authority (such as Head of Year). Where the Editor is a person other than yourself, it is your sole responsibility to ensure that the appointed individual fully familiarises themselves with their obligations as Editor under these terms and conditions before you enter into this Agreement. In the event that no Editor is appointed the purchaser will be classed as and be held entirely responsible for the obligations of Editor under these terms and conditions.
3. How the contract is formed between you and us
3.1 Creating your Yearbook
Step 1 - Choose your Yearbook Service.
Step 2 - Collect deposits from each year group member who agrees to participate in the Yearbook (“Member”).
Step 3 - Register your chosen Yearbook Service through our registration pages and pay your deposit through the secure payment area on our Web Site (see our Yearbook costs section for details of deposit payments).
Pay your deposit using any major credit or debit card. Currently we accept credit and debit card payments via PayPal using 128-bit encryption and on a certified secure server so you can pay with complete confidence. Your deposit is non-refundable.
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Yearbook product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms your login and account details for your new Yearbook.
Step 4 - Login and start using your new Yearbook. Provide login details to individual Members so that they can begin to submit content to their own Yearbook page
Step 5 - When complete, close submissions for the Yearbook. Collect the final payment from each group member and submit it to us via the secure payment facility on our web site. If you have requested additional services at any time during the process of creating the Yearbook your final payment due to us will be adjusted accordingly and will require payment in full before we are able to complete your order. Once you have completed payment you will then need to follow the instructions on our Web Site for submitting the completed Yearbook to us.
After submitting your completed Yearbook to us and on payment of all outstanding fees owed to Yearbooks4Computers you will receive an e-mail from us acknowledging that we have received your order along with a dispatch date and delivery date for the completed Yearbook CD/DVD(s) to be sent to you (the “Dispatch Confirmation”).
IMPORTANT INFORMATION - YEARBOOK EXPIRY DATE
YOU MUST COMPLETE ALL ENTRIES IN YOUR YEARBOOK WITHIN 12 MONTHS OF YOUR PURCHASE. AFTER 12 MONTHS HAS EXPIRED YOU WILL NO LONGER BE ABLE TO ACCESS YOUR YEARBOOK.
THE EXPIRY DATE OF YOUR YEARBOOK WILL BE ONE YEAR FROM THE DATE YOU RECEIVE AN E-MAIL FROM US THAT CONFIRMS YOUR LOGIN AND ACCOUNT DETAILS.
4. Delivery
If you have chosen Yearbook Service 1, each group Member for whom we have received full payment will be issued with their own personal Yearbook CD/DVD. If you have chosen Yearbook Service 2, you will receive a single Yearbook CD/DVD from which to create duplicate copies onto CD/DVD yourself for each Member from whom we have received full payment. Your Dispatch Confirmation will include information about the number of copies of the Yearbook you are permitted to make.
All Yearbook CD/DVDs will be delivered to a single delivery address provided by you and detailed in the Dispatch Confirmation. Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation, or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances. We will inform you by e-mail should there be any problems with our stated delivery date.
5. Risk and Title
The Yearbook(s) will be at your risk from the time of delivery. Ownership of the Yearbook(s) will only pass to you when we receive full payment of all sums due in respect of the Yearbook(s), including delivery charges.
6. Price and Payment
The price of any Yearbook Services will be as quoted on our Web Site from time to time, except in cases of obvious error. These prices include VAT. Prices may be liable to change at any time. We are under no obligation to provide the Yearbook Service to you at the incorrect (lower) price.
Payment for all Yearbook Services may be made by credit/debit card/ bank transfer or cheque.
7. Licence to use the yearbook software
7.1 Yearbooks4Computers gives you, the Editor and any Member the Editor has given access to the Yearbook Services to through a Member Account a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by Yearbooks4Computers as part of the Yearbook Services (the “Software”). This licence is for the sole purpose of enabling you the Editor or any Member to use the Yearbook Services, subject to the terms of this Agreement and our “Web Site Terms and Conditions of Use”.
7.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law.
7.3 Unless Yearbooks4Computers has given you specific written permission to do so, you may not (and you may not permit anyone else to) assign (or grant a sub-licence of) your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
8. Member account, password and security
8.1 You are responsible for providing each individual Member with a username and password to access their personal entry page in the Yearbook (a “Member Account”). Whilst each member is entirely responsible for maintaining the confidentiality of their password and account the Editor is entirely responsible for any and all activities that occur under any Member Account. You agree to notify Yearbooks4Computers immediately of any unauthorized use of any Member Account or any other breach of security. Yearbooks4Computers will not be liable for any loss that you, any Member or any third party may incur as a result of any use or misuse of any Member’s password or Member Account, either with or without your knowledge.
9. Information for Editors - Editorial control & your responsibilities
9.1 As Editor, you have full unencumbered access to the Yearbook and any content submitted by any of Members during its creation. You acknowledge that you are fully responsible for the moderation of all content submitted by any Members in the creation of the Yearbook and remain solely liable for any content compiled using the Software, whether sent for publication, replication, duplication or not.
9.2 In moderating content you should check every Member entry to ensure compliance with our Content Standards before your Yearbook is sent to us for final publishing.
Where Members are under the age of 18 you must obtain written consent for their participation in advance from a relevant parent/guardian/carer.
9.3 Content Standards
You agree not to use or allow others to use the Yearbook Service to:
Upload or make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable at our sole discretion;
Upload or make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
Upload or make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Interfere with or disrupt the Yearbook Service or servers or networks connected to the Yearbook Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Yearbook Service.
Intentionally or unintentionally violate any applicable national or international law.
9.4 Posting Content - Images
Where Members post a submission that contains images, photographs, pictures or that are otherwise graphical in whole or in part (”Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images, (b) you have the rights necessary to grant the licenses and sublicenses described in these terms, and (c) that each person depicted in such Images, has provided the appropriate consent to the use of the Images, including, the distribution, public display and reproduction of such Images.
9.5 Final Submission of content for publication
You the Editor, assume the entire responsibility for the content submitted to Yearbooks4Computers, and specifically warrant that in submitting the content for publication:
9.5.1 You have reviewed the entire content of the multimedia Yearbook project submitted to Yearbooks4Computers, including all images, text, movies, files and links prior to submission, and that;
9.5.2 You have approved such content in accordance to our Content Standards and these terms and conditions as appropriate for distribution to the audience for which it is intended, and that;
9.5.3 You have obtained appropriate permission to use third party materials, if included, wherever necessary or as appropriate.
10. Our licence to use your yearbook content
By submitting your Yearbook for final publication you are granting Yearbooks4Computers, its affiliated companies and necessary sub-licensees permission to use your Yearbook in connection with the operation of our businesses, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submissions; to publish your name in connection with your submission; and the right to sublicense such rights to any supplier of the Services.
11. Licence to distribute the Yearbook CD/DVD
Yearbooks4Computers hereby gives you the right, on receipt of your published CD/DVD Yearbook from us, to make and distribute copies of your Yearbook to your Members. Provided that, such copying and distribution is subject to the terms and conditions of this Agreement and the Yearbooks4Computers End User Licence Agreement (EULA).
12. Our liability
12.1 The Web Site, Yearbook Services and Software are provided on an “as is” basis without any warranties of any kind. Yearbooks4Computers and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including the warranty of merchantability, non-infringement of third parties’ rights, and the warranty of fitness for particular purpose. Yearbooks4Computers and its suppliers make no warranties about the accuracy, reliability, completeness or timeliness of the Software, Yearbook Services, software text, graphics and links.
12.2 Yearbooks4Computers will not be liable in any way for any increased costs or expenses, loss of profit business contracts revenues or expected savings or any special indirect or consequential damage whatsoever arising out of any provision or use of the Yearbook Services or Software or of any error or defect in either or of the performance non-performance or delayed performance of the Yearbook Services by us.
12.3 Our total aggregate liability for any loss or damage arising out of, or in connection with use of the Yearbook Services will not exceed the actual payment received by us from you for the Yearbook Services.
12.4 Yearbooks4Computers does not attempt to exclude or limit its liability for death or personal injury caused by its negligence or for fraud or fraudulent misrepresentation.
13. Indemnity
13.1 You agree to defend, indemnify and hold harmless Yearbooks4Computers, its partners from time to time being, its employees and agents, from and against any claims, liabilities, damages, costs, actions or demands, including without limitation reasonable legal and accounting costs, alleging or resulting from your use or misuse of the Web Site, any material submitted for final publication, the Software or the Yearbook Services or your breach of these Terms and Conditions of Use.
13.2 Yearbooks4Computers shall provide notice to you promptly of any such claim, suit or proceeding.
14. Data Protection
14.1 Any personal data that is provided by you or by you on behalf of Members will be held and processed by Yearbooks4Computers for the purpose of providing Yearbook Services requested by you and provided by us. Yearbooks4Computers may use this data for its internal administrative purposes, and for any other related matters strictly in accordance with its Privacy Policy. As part of this process Yearbooks4Computers may disclose this data to its agents and sub-contractors but will not disclose it to any other third parties.
14.2 Without prejudice to the foregoing, you will ensure that personal data provided by you to Yearbooks4Computers will not result in any breach of the Data Protection Act 1998 and all re-enactments thereof and subsequent amendments thereto.
15. Written Communications
When using our Web Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Web Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
16. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to provide the Yearbook Services that is caused by events outside our reasonable control.
17. Our right to vary the Terms & Conditions
We have the right to revise and amend these terms and conditions from time to time and any such changes will be published on our Web Site. We may issue free yearbooks from time to time - all terms and conditions apply and any other terms and conditions relating to the distribution of free yearbooks will be published on the “Latest News” page of our Web Site.
18. Miscellaneous
These terms and conditions constitute the entire agreement between you and us. Any clause in these terms and conditions that is found to be invalid or unenforceable shall be deemed deleted and the remainder of these terms and conditions shall not be affected by that deletion. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. Nothing in these terms and conditions shall confer on any third party any benefit or the right to enforce any provision of these terms and conditions.
19. Law & Jurisdiction
These terms and conditions for the purchase of Yearbook Services through our Web Site will be governed by English law. Any dispute arising from, or related to the purchase of our Yearbook Services shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.