Terms & Conditions

Terms and Conditions

These are the terms and conditions subject to which we allow you to use Our Website. By visiting or using Our Website, or signing up for our services, or buying our products, you agree to be bound by them. You may not use Our Website if you are under the age of 18 years.

If you violate these terms we may terminate your use of Our Website, bar you from future use of Our Website, cancel your order, and/or take appropriate legal action against you.

We are M-Powered Projects Limited, a company registered in Ireland, number 594228.

Our address is 34 Parklands, Athenry, Co. Galway H65YP78, Ireland.

You are: Anyone who uses Our Website or buys from us.

Please read this agreement and our “Product Licence Terms” carefully and save both documents. If you do not agree with our terms and conditions, you should leave Our Website and stop using our products and Services immediately.

It is now agreed as follows:

1.             Definitions

In this agreement, the following words shall have the following meanings, unless the context requires otherwise:

“Content” means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you. It also means physical products we offer on our website and courses.
“Intellectual Property” means intellectual property owned by us or by any third party, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trade marks, unregistered marks, designs, copyrights, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights or for which application for registration has been made in any country.
“Our Website” means the entire computing hardware and software installation that is or supports our website including any communication or peripheral system. It includes any website of ours, and all web pages controlled by us.
“Post” means place on or into Our Website any Content or material of any sort by any means.
“Licence” means a licence granted by us to you in the terms of this agreement for use of a Licensed Product.
“Licensed Product” means any product, material or thing offered for Licence by us on Our Website, whether or not bought by you. A reference to “Product” shall be a reference to all or part of a Product or to a Product changed by you in any way.
“Service” means any service we sell from time to time, whether or not connected to a Licensed Product. It means our online and offline courses, consultancy and any other type of services we provide.

2.             Interpretation

In this agreement the following meanings apply unless the context otherwise requires:

  • a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
  • a reference to a person includes reference to that person’s successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that person.
  • the headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.
  • any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
  • a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
  • these terms and conditions apply to all supplies of Licensed Products by us. They prevail over any terms proposed by you.
  • this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

3.             Basis of Contract

  • If you use Our Website in any way on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
  • When you buy a Licensed Product, you are in fact buying a licence to use that Licensed Product. The terms of use vary from one Licensed Product to another and are contained in our “Product Licence Terms”. That Licence is supplemental to this agreement and to be read with this agreement to provide the full agreement between us.
  • In entering into this contract you have not relied on any representation or information from any source except Our Website.
  • Unfortunately, we cannot guarantee that every Product advertised on Our Website is available. If at any time a Product becomes unavailable, we will immediately refund any money you have paid.
  • There is no contract between us for any free service, so you do not become a client by using any free service and we are not liable to you in any way resulting from your use of any free service.
  • The price of any Licensed Product or Service may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy that Licensed Product or Service.
  • You agree that you are bound by these terms (or the latest version of them) for all future contracts with us, whether ordered through Our Website or in some other way.
  • You now agree that you commit a breach of this contract if you seek repayment of money paid to us by asking your credit card provider to credit back a payment made to us, without attempting to seek repayment from us first. In that event, you agree that you will owe us first the sum charged to us by our payment service provider and secondly a sum based on time spent at € 100 per hour in dealing with your breach. You also agree that this provision is reasonable.
  • The Contract between us comes into existence at the earlier of:
    • when we write to you to confirm that your order has been delivered; or
    • when you download the Licensed Product you have bought.
  • We may change this agreement and / or the way we provide a Product, at any time. If we do:
    • the change will take effect when we Post it on Our Website. You are advised to check this page from time to time.
    • if you make any payment for Licensed Products or Services in the future, you will do so under the terms posted on Our Website at that time.

4.             The price

  • The prices payable for the Licensed Product and Services are clearly set out on Our Website.
  • The price charged for any Licensed Product or Service may differ from one country to another. You may not be entitled to the lowest price unless you reside in the qualifying country.
  • Prices are inclusive of any applicable value added tax or other sales tax.
  • Charges for Services are fixed whenever it is reasonably possible for us to ascertain the price.
  • When we do not provide fixed charges for the Service, we will charge by the hour. In that case all work done, including all letters, e-mails, faxes and telephone calls made and received will be charged on a time basis in minimum units of one tenth of an hour.
  • Estimates of charges will be provided to you wherever possible.
  • You will be informed about our hourly charging rate, time travel rate and motor mileage rate before we provide the services to you. Other travel costs will be re-charged at cost incurred.
  • Our Services require payment in advance in every case.

Note: you can keep our charges low by providing full instructions and avoiding unnecessary contact.

5.             Security of your credit card

We take care to make Our Website safe for you to use.

  • Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
  • If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

6.             Cancellation and refunds

This paragraph applies if you buy as a consumer as defined in the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013. Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract.

  • We now inform you that information relating to all aspects of our Products and Services is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy.

Please note that following sub paragraphs apply to the Services and Products we offer for sale on Our Website.

  • The following rules apply to cancellation of your order:
    • If you have ordered our Service but we have not yet started to work for you, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return any money due to you.
    • If you want us to start work before 14 days has passed, you can opt out of your cancellation right. To do that you have to instruct us to start your work as soon as we can. We have provided a form and a full explanation of the procedure at the end of this document.
    • If you have ordered our Service and we have started to work for you, you may cancel your order without giving a reason, at any time within 14 days of your order. You must tell us that you wish to cancel.
    • if you do so, you will owe us for work done to the date of cancellation and any money spent on your behalf.
  • In any of the above circumstances, we will return any money due to you within 14 days.

Please note that following sub-paragraphs apply only to a Licensed Product you download or which we send as an email attachment.

  • If you buy a Product which is delivered to you in soft copy, whether by download, or email or some other medium, the law provides that you can opt out of your right to the 14 day cancellation period. Of course, we will not accept your order unless you agree to lose your cancellation right.
  • You do this by instructing us to arrange delivery immediately, or as soon as we can. If you do that, we will send your Product immediately and you lose your right to cancel your order.
  • By accepting these terms, you now agree that you are instructing us to deliver immediately and you understand that, in doing so, you lose your right to cancel your order within 14 days.
  • This paragraph does not affect your rights in the event that the Product is faulty.
  • Returns of products – If you are not satisfied we’ll be happy to offer you a refund or exchange on merchandise that is returned in its original condition, including tags and is in a fully resalable condition and received within 30 days of receipt. Please note that orders or items returned for exchange or refund can have a processing time of up to 14 business days. This may be longer at peak times. All items must be confirmed as received back in a fully unused and re-saleable condition before we can process your exchange or refund. Please ensure you have purchased with us before making a return. Parcels returned to us in error will not be processed. Returns received with incomplete or missing forms may take longer to process.

Free Returns Policy

Please note you will need your order number as per your order confirmation email. You will be able to find this on your confirmation email.

All returns are processed for a refund. Should you need an exchange, please -order your items online or by phone.

If the item is damaged or defective, please email or call us immediately for instructions.

Please note that returns have a processing time of up to 14 business days from receipt at our returns facility. This may be longer at peak times. All items must be confirmed as received back in a fully unused and re-saleable condition before we can process your return. Please note that the original shipping fee paid to deliver your order to the shipping address is non-refundable.

Please ensure you have purchased with us before making a return. Parcels returned to us in error will not be processed.

  • Damage claims must be filed within 2 days of receipt of goods.
  • Claims for defective items must be made within 30 days upon receipt of goods

7.             Liability for subsequent defects

  • Please check the Product received from us immediately you download or received.
  • If you find an error or defect in the Product, you must tell us by email message to marzena@m-powered.eu
  • The procedure to report an error or defect is as follows:
    • you must report to us as soon as any defect is discovered but not later than one month from receipt by you.
    • before you report to us, please carefully re read the product instructions [if any] to confirm that there is definitely a defect in the Product.
    • please tell us clearly what is the fault you complain of, when it first became apparent or arises, and other information to enable us to identify or reproduce it.
  • If we agree that the Product is faulty, then we shall:
    • fix the issue within 14 days and immediately send a new copy to you, or
    • refund the full cost you have paid.

8.             Content you Post to Our Website

You agree that you will not use or allow anyone else to use Our Website to Post any Content which is or may:

  • be information which could promote or assist any unlawful purpose;
  • consist in commercial audio, video or music files;
  • be illegal, obscene, offensive, threatening or violent;
  • be sexually explicit or pornographic;
  • be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
  • solicit passwords or personal information from anyone;
  • be used to sell any goods or services or for any other commercial use;
  • include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
  • be incomplete or inaccurate or submitted otherwise than as requested by Our Website;
  • link to any of the material specified above, in this paragraph.

9.             Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove Content which does not comply with these terms.

In addition to the restrictions set out above, Content must not contain:

  • hyperlinks, other than those specifically authorised by us;
  • keywords or words repeated, which are irrelevant to the Content Posted.
  • the name, logo or trademark of any organisation other than yours.
  • inaccurate, false, or misleading information.

10.          How we handle your Content

  • Our privacy policy is strong and precise. It complies fully with the Data Protection Act 2018 which is at
  • If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it.
  • Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
  • You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
  • Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
  • You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
  • You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
  • Please notify us of any security breach or unauthorised use of your account.

11.          Removal of offensive Content

  • For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
  • We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
  • If you are offended by any Content, the following procedure applies:
    • your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email;
    • we shall remove the offending Content as soon as we are reasonably able;
    • after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
    • we may re-instate the Content about which you have complained or not.
  • In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
  • You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

12.          Security of Our Website

  • If you violate Our Website we shall take legal action against you.
  • You now agree that you will not, and will not allow any other person to:
    • modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
    • link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
    • download any part of Our Website, without our express written consent;
    • collect or use any product listings, descriptions, or prices;
    • collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
    • aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
    • share with a third party any login credentials to Our Website.
  • Despite the above terms, we now grant a licence to you to:
    • create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any Product or Service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
    • you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.

13.          Interruption to M-Powered Projects Ltd. service

  • If it is necessary for us to interrupt our service, we will give you reasonable notice where this is possible and when we think the down time is such as to justify telling you.
  • You acknowledge that M-Powered Projects Ltd. service may also be interrupted for many reasons beyond our control.
  • You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to our service.

14.          Intellectual Property

  • We will defend our Intellectual Property rights in all countries.
  • Except as provided in our Product Licence Terms, you may not copy, modify, publish, transmit, or sell, create derivative works from, distribute, perform, display, or in any way exploit any of our Intellectual Property or that owned by any third party and accessible to you via Our Website.
  • You may not use our name or logos or trademarks or any other content on any website of yours or that of any other person.
  • You agree that at all times you will:
    • notcause or permit anything which may damage or endanger our title to any of our Intellectual Property;
    • notify us of any suspected infringement of the Intellectual Property;
    • indemnify us for any loss or expense arising from your misuse of the Intellectual Property;
    • not use any name or mark similar to or capable of being confused with any name or mark of ours.

15.          Disclaimers and limitation of liability

  • The law differs from one country to another. This paragraph applies to sales throughout the EU.
  • All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
  • We make no representation or warranty and accept no responsibility for:
    • that the Licensed Product will be data secure
    • that the Licensed Product or Service will be available or accessible, without interruption, or without error;
    • malfunction in any hardware of yours;
    • malfunction in any Licensed Product provided by us unless you can prove that it was defective when you received it from us;
    • the provision or failure to provide any firewall;
  • We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
  • You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Services or Licensed Product concerned.
  • We shall not be liable to you for any loss or expense which is:
    • indirect or consequential loss; or
    • economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.
  • This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
  • If you become aware of any breach of any term of this agreement by any person, please tell us by email [at marzena@m-powered.eu]. We welcome your input but do not guarantee to agree with your judgement.

16.          You indemnify us

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

  • your failure to comply with the law of any country;
  • your breach of this agreement;
  • any Content you Post to Our Website;
  • any data you send or upload to Our Website for storage or any other purpose;
  • a breach of the intellectual property rights of any person;
  • your failure to conform to any relevant Internet protocol;
  • any use of your site for a purpose forbidden by this agreement;
  • any act, neglect or default by any agent, employee, licensee or customer of yours;
  • a contractual claim arising from your use of the Licensed Products;
  • and for the purpose of this paragraph you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at €00 per hour without further proof.

17.          Dispute resolution

In this paragraph the term “ADR Provider” means an approved body under the European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015.

The following terms apply in the event of a dispute between the parties:

  • If you are not happy with our services or have any complaint then you must tell us by email message to marzena@m-powered.eu or an updated address which you will find on Our Website]
  • If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
  • We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at: http://ec.europa.eu/consumers/odr/.

18.          Miscellaneous matters

  • If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
  • You undertake to provide to us your current land address, e-mail address and telephone number as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
  • If you are in breach of any term of this agreement, we may:
    • terminate your account and refuse access to Our Website;
    • issue a claim in any court.
  • Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
  • No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
  • Any communication to be served on either of the parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
  • So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
  • The validity, construction and performance of this agreement shall be governed by the laws of Ireland and you agree that any dispute arising from it shall be litigated only in Ireland.

 

Notice of right of cancellation: Right to Cancel and Model Cancellation Form

Information about your statutory right to cancel

Licensed Product

Your right to cancel

Under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013, you have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire 14 days after the contract was made. That means you can cancel before you have downloaded the product or we have delivered it to you.

Exception when you opt out

This provision applies to digital products which we deliver to you either:

  • by allowing you to download; OR
  • by our sending as an email attachment; OR
  • (if in a hard copy container) by post or other carrier

If you want us to immediate deliver/download a product other than to wait for 14 days away, please complete the form below.

 

If you tick the box on our website to confirm acceptance of our contractual terms and conditions, you:

  • confirm that you want us to deliver downloaded products or products we send to you as email attachments or some other open digital format, before the expiry of 14 days.

AND

  • confirm that you want us to start work for you in any service provision, whether this is incidental to a product or sold separately.

AND

  • accept that you will lose your right to cancel the contract.

AND

  • understand that your agreement is a term of the contract between us.

 

Service terms

Your right to cancel

Under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013, you have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire 14 days after the contract was made. That means you can cancel before you have downloaded the product or we have delivered it to you.

Exception when you opt out

Before we agree to provide our service, we therefore ask that you give up your right to cancel, as the law allows. If you do not agree, we shall not work for you.

 

Option 1

If you tick the box on our website to confirm acceptance of our terms and conditions you:

  • confirm that you want us to start work or supply service before the expiry of 14 days.

AND

  • confirm that you want us to start work for you in any service provision, whether this is incidental to a product or sold separately.

AND

  • accept that you will lose your right to cancel the contr

AND

  • understand that your agreement is a term of the contract between us.

 

 

 

 

 

 

Cancellation form

To meet the cancellation deadline, it is enough for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, sent to us by post or e-mail.

You may use the attached model cancellation form, but you can use your own words as long as your intention is clear.

 

Model cancellation form

 

To M-Powered Projects Ltd, 34 Parklands, Athenry, Co. Galway H65YP78, Ireland tel. +353 85 730 7974, email: marzena@m-powered.eu

I/We hereby give notice that I/we cancel my/our contract of sale of the following products [enter details of goods and any reference].

Ordered on [date]/received on [date],

Name: [enter name or names in which the order was made],

Address: [enter your address],

Signature: (only if this form is notified on paper)

Date: [date]

 

Product Licence Terms

We are M-Powered Projects Ltd., a company registered in Ireland, number 594228.

Our address is 34 Parklands, Athenry, Co. Galway H65YP78, Ireland.

You are: Anyone who buys a Licence from us.

These are the agreed terms

These Product Licence Terms are supplemental and additional to the above terms and conditions (the “T&C”) relating to use of Our Website. By buying or using any Licensed Product, you agree to be bound by them.

1.             Definitions

In this agreement, the definitions in the T&C apply. In addition, the following words shall have the following meanings, unless the context requires otherwise:

“Copy or Publish” with reference to a Licensed Product, means reproducing or publishing in whole or in part, using any means, in any medium. It includes breaking up, changing, cropping or any other change or use as part of some other created work.
“Restrictions on Use” means first, the restrictions set out in this agreement and second, all restrictions or limitations arising from choices you made at the time of purchase. These may relate to limitations on use, territory, duration, or any other choice which defines the Licensed Product.
“Third Party Owner” means an owner of a Licensed Product which is not owned by us.
“Licence” means a licence granted by us to you in the terms of this agreement for use of a Licensed Product.
“Licensed Product” means any product, material or thing offered for Licence by us on Our Website, whether or not bought by you. A reference to “Product” shall be a reference to all or part of a Product or to a Product changed by you in any way.

2.             Interpretation

The interpretation and definition provisions of the T&C apply also to this agreement.

3.             The Licence

  • You confirm that you have authority to enter into this agreement and have obtained all necessary approvals to do so.
  • In entering into this contract you have not relied on any representation or information from any source except that on Our Website.
  • We do not offer the Licensed Products in all countries. We may refuse a Licence if you live in a country we do not serve.
  • If any information you give us is inaccurate, your Licence is automatically terminated and no refund of money will be due to you.
  • Subject to the terms of this agreement, we grant to you a Licence to use a Licensed Product.
  • This Licence is limited by the Restrictions on Use. You agree to comply with all Restrictions on Use no matter how communicated to you.
  • No express or implied licence of the Licensed Product or any other material is granted to you other than the express Licence granted in this agreement.

4.             Limitations and permissions on Licences

  • You must not sub-license a Licensed Product.
  • You must not Copy or Publish a Licensed Product except as specifically allowed in this agreement.
  • You may not allow any other person to use a Licensed Product except in the situation or context for which you have bought it.
  • You may not represent or give the impression that you are the owner or originator of any Licensed Product.
  • You may not remove any identification or reference number or other information which may be embedded in any file of a Licensed Product.
  • Every publication or appearance of a Licensed Product on a website must be protected as far as the law allows by separate, specific or general provisions against copying or publishing. We allow you to use the definition of “Copy or Publish” used in this agreement.
  • You may not use a Licensed Product:
    • except for the use specified at the time of purchase;
    • in a context which is pornographic;
    • containing a human model in any way which might degrade that person in the eyes of a reasonable viewer;
    • in part or as a whole, as a logo or otherwise to incorporate it in any intellectual property of yours;
    • in an application for mobile/cell phone use, except as part of a marketing programme based on a website;
    • for a secondary use, for example on social networks;

5.             Freedom to use

Despite the above limitations, you may copy a Licensed Product:

  • once for the purpose of system maintenance or to show or share with some other person who has a business interest in it;
  • to a contractor of yours whose contract is to work on the project or purpose for which you have bought the Licensed Product. In this case the Licence extends only to that project or purpose. If this happens, you remain liable to us in every way for the acts and omissions of your contractor. We advise you to obtain an appropriate agreement from your contractor to protect you in this regard.

6.             Copyright and other Intellectual Property

  • You agree that at all times you will:
    • not cause or permit anything which may damage or endanger our title to any Licensed Product or other Intellectual Property or the title of any Third Party Owner whose work has been made available to us as a Licensed Product;
    • notify us of any suspected infringement of the Intellectual Property.
  • If you use a Licensed Product in a way not allowed by this agreement we may take legal action anywhere in the World. If loss to us or any other person results from your wrongful action, you will be liable to pay.
  • If we terminate the Licence on account of your breach, you agree that you will:
    • immediately stop using the Licensed Product;
    • destroy all copies of the Licensed Product in your possession or control;
    • destroy any work of yours derived from a Licensed Product.
  • To give us assurance that you are using the Licensed Product in accordance with the terms of the Licence, you agree that you will give us copies of your works and materials containing or using a Licensed Product. We will give you 14 days notice of this requirement. You agree also to provide access to relevant pages which have restricted access or are fire-walled.
  • If we reasonably believe that you are using a Licensed Product outside the scope of this Licence, you agree to provide written confirmation of your compliance, in a form to be drawn by us.

7.             Assignment

  • You may not assign, delegate, sub-contract, mortgage, charge or otherwise transfer any or all of its rights and obligations under this agreement without our prior written consent, except that:
  • You may assign and transfer all your rights and obligations under this agreement to any person to which you transfer all of your business, provided that the assignee undertakes in writing to the other party to be bound by your obligations under this agreement.

8.             Third Party Owners and additional restrictions

Some Products offered for Licence on Our Website are owned by Third Party Owners and not by us. Where that is indicated, the following additional provisions apply:

  • the price of the Licence includes a sum payable by us to the Third Party Owner;
  • you have no obligation to make payment to the Third Party Owner;
  • we are the agent of the Third Party Owner and accept all obligations and liability to you in connection with the Licensed Product;
  • you remain liable to the Third Party Owner, through us, for compliance with this agreement;
  • in any event when you may be liable to the Third Party Owner for breach of this agreement, you will indemnify us for all cost and liability arising from our relationship with the Third Party Owner, our acting as his agent, or your buying a Licensed Product owned by him.

9.             Miscellaneous matters

  • At any time if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement, we reserve the right to terminate this agreement without refunding to you any payment made.
  • In some jurisdictions you may not use a human image without the consent of that person. That may apply to any person or only to a model. The permission is generally known as a “release”. You alone are responsible for obtaining any necessary release and for paying any fees due.
  • Our Licensed Products are marked on Our Website with a notation as to whether a release may be necessary. If not marked, you may take it that the Licensed Product in question has not been released.

 

 

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