Terms and conditions
These terms and conditions apply to all subscriptions that you purchase using this website (“Site”). A subscription will allow you to access and use features and opportunities that are not available to other users. Please read these terms and conditions carefully before ordering any subscriptions. You should print a copy of these terms and conditions for future reference.
1. INFOMATION ABOUT US
We are EDR Productions and we operate the Site. We have our registered
office (which is also our main trading address) at 2a Middleton Road,
Oswestry SY11 2PN
2. YOUR STATUS
You warrant that you are at least 18 years old and are legally
capable of entering into binding contracts.
3. HOW THE CONTRACT IS FORMED BETWEEN US
When entering your order details you will be asked to identify
the category of subscription that you wish to purchase. The different
categories of subscription that we offer are described on the Site (see
Membership Benefits).
Please note that we may update and change the features and functionality
of the Site from time to time without notice to you. Your subscription
will allow you to access the relevant features and functionality of the
Site as they exist from time to time.
Unless you notify us that you do not wish to renew your subscription,
your subscription will automatically be renewed at the end of the relevant
subscription period.
4. SUBSCRIPTIONS
4.1 When entering your order details you will be asked to identify
the category of subscription that you wish to purchase. The different
categories of subscription that we offer are described on the Site (see
Membership Benefits).
4.2 Please note that we may update and change the features and functionality
of the Site from time to time without notice to you. Your subscription
will allow you to access the relevant features and functionality of the
Site as they exist from time to time.
4.3 Unless you notify us that you do not wish to renew your subscription,
your subscription will automatically be renewed at the end of the relevant
subscription period.
5. FEES AND PAYMENT
5.1 Except in cases of obvious error, the fee payable for your
subscription will be as quoted on the Site (see Membership Benefits) from
time to time. All fees quoted include VAT.
5.2 The subscription fee will be payable up-front before your subscription
begins and also on each anniversary of the relevant subscription period
(unless you have decided not to renew your subscription or if your subscription
has been cancelled).
5.3 We may increase our fees from time to time. We will give you 2 weeks
notice of any fee increase. The new fee will apply to your next subscription
payment after the increase takes effect.
5.4 Payment options will be set out and explained on the Site (see Membership
Benefits) and may change from time to time. We may use a third party to
accept and process payments on our behalf. If you are an existing customer
and have purchased a subscription that allows payment by installments,
you may continue to pay by installments until your current subscription
expires or is cancelled. In this case, if an installment is more than
30 days overdue, an additional £25 late payment fee will be payable
and if an installment is more than 90 days overdue, we may cancel your
subscription.
6. CANCELLATION RIGHTS
6.1 You may cancel your subscription at any time by notifying
us. You will not be entitled to any refund of any subscription fees that
you have paid in advance, even if you cancel your subscription before
the end of the relevant subscription period. If you cancel your subscription,
you will remain registered on the Site and can continue to access the
Site in the same way as any other registered user. However, you will not
be able to access or use any features or functionality that are reserved
to subscribers.
6.2 We may cancel your subscription at any time by notifying you if, in
our reasonable opinion, you have committed a material breach of any of
these terms and conditions or any of the terms and conditions set out
in the applicable Website Terms of Use. For these purposes, if you fail
to pay your subscription fee on time or if you breach any part of our
Acceptable Use Policy, you will be deemed to be in material breach of
these terms and conditions.
7. OUR LIABILITY
7.1 We will use reasonable efforts to ensure that the Site is
available to you at all times. However, we cannot guarantee that the Site
or any individual function or feature of the Site will always be available
and/or error free. The Site, or an individual function or feature of the
Site, may become unavailable from time to time if we are carrying out
routine maintenance works or other works required in order to resolve
an error in the Site or to otherwise change or upgrade the Site.
7.2 Our total aggregate liability to you under or in relation with these
terms and conditions in any 12 month period, including (but not limited
to) liability for breach of contract, misrepresentation (whether tortuous
or statutory), tort (including but not limited to negligence) and breach
of statutory duty, will not exceed the total subscription fees paid by
you to us in that 12 month period.
7.3 To the extent permitted by law, we, other members of our group of
companies and third parties connected to us hereby expressly exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
- any responsibility for or liability arising out of any dealings you have with third parties that take place using or are facilitated by the Site;
- any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- l oss of goodwill; and
- wasted management or office time.
7.4 Notwithstanding this, nothing in these terms and conditions will affect any liability we may have for:
- death or personal injury arising from our negligence or our liability;
- fraudulent misrepresentation or misrepresentation; or
- any other liability that cannot by law be excluded or limited.
8. NOTICES
Notices given under these terms and conditions must be in writing.
For these purposes, writing includes email and other electronic communications.
We will send notices to the address you provide when ordering your subscription,
which you may update from time to time by updating your profile details
on the Site. You will send notices to the address we give on the “About
Us” section of the Site, which we may update from time to time by
amending the Site.
9. TRANSFER OF RIGHTS AND OBLIGATIONS
You may not transfer, assign, charge or otherwise dispose of
your rights or obligations arising under these terms and conditions, without
our prior written consent. We may transfer, assign, charge, sub-contract
or otherwise dispose of our rights and obligations arising under these
terms and conditions at any time.
10. WAIVER
If we fail to exercise, or delay in exercising, a right, power
or remedy provided by these terms and conditions or by law, this will
not constitute a waiver of that right, power or remedy. If we waive a
breach of any of these terms and conditions, this will not operate as
a waiver of a subsequent breach of that provision, or as a waiver of a
breach of any other provision.
11. SERVERABILITY
If any of these terms and conditions are determined by any competent
authority to be invalid, unlawful or unenforceable to any extent, it will
to that extent be severed from the remaining terms and conditions, which
will continue to be valid to the fullest extent permitted by law.
12. RIGHTS OF THIRD PARTIES
A person who is not a party to this agreement may not enforce
any of its provisions under the Contracts (Rights of Third Parties) Act
1999.
13. ENTIRE AGREEMENT
13.1 These terms and conditions, together with the Website Terms
of Use, the Acceptable Use Policy and any other document referred to in
them together represent the entire agreement between us in relation to
their subject matter and supersede any prior agreement, understanding
or arrangement between us, whether oral or in writing.
13.2 Subject to clause 7.4, we each acknowledge that in entering into
these terms and conditions we have not relied upon, and will have no rights
or remedies (whether in tort, under statute or otherwise) in respect of
any statements, collateral or other warranties, assurances, undertakings
or representations (whether innocently or negligently made) by the other.
14. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We may revise and amend these terms and conditions from time
to time to reflect changes to the Site, changes in market conditions affecting
our business, changes in technology, changes in payment methods, changes
in relevant laws and regulatory requirements and changes in our system's
capabilities.
15. LAW AND JURISDICTION
These terms and conditions will be governed by and construed
in accordance with the laws of England and Wales and the courts of England
and Wales will have exclusive jurisdiction over any claim or dispute arising
under or in connection with these terms and conditions.