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Terms of Use

Terms of Use

Legal Notice


USE OF MindConnex.com WEBSITE AND FORUMS LEGAL TERMS AND CONDITIONS

1. Acceptance of Terms

1.1. Your access to and use of MindConnex.com ("the Website") and the Services outlined in Clause 2, are subject exclusively to these Terms and Conditions. You will not use the Website/Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website/Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website/Services.

1.2. MindConnex.com reserves the right to update or amend these Terms and Conditions at any time and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.

2. The Services

The Website may provide communication tools such as email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities ("the Services") designed to enable you to communicate with others. Unless stated otherwise the Services are for your personal and non-commercial use only.

3. Child Supervision

MindConnex.com is concerned about the safety and privacy of its users, particularly children. Parents who wish to allow their children access to and use of the Website/Services should supervise such access and use. By allowing your child access to the Services you are allowing your child access to all of the Services, including email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services.

4. User Account, Password Account, Password and Security

If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with the Services. You are responsible for maintaining the confidentiality of the username and password and also for all activities that take place under your account. You agree to immediately notify MindConnex.com of any unauthorised use of your password or account or any other breach of security. In no event will MindConnex.com be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person's account at any time, without the express permission of the account holder.

5. Acceptance Use

5.1 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials ("the Content"), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. MindConnex.com does not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. MindConnex.com will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.

5.2 In using the Website/Services you agree not to:

5.2.1 use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;

5.2.2 post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;

5.2.3 post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;

5.2.4 threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;

5.2.5 use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;

5.2.6 make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;

5.2.7 collect or store personal information about others, including email addresses;


5.2.8 advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;

5.2.9 impersonate any person or entity for the purpose of misleading others;

5.2.10 violate any applicable laws or regulations;

5.2.11 use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party's use and enjoyment of the Website/Services;

5.2.12 post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);

5.2.13 attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.

5.3 Shakespeareinbits.com has no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at its sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.

6. Termination

MindConnex.com has the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. MindConnex.com may also at any time, at its sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that MindConnex.com shall not be liable to you or any third party for any termination of your access to the Website/Services.

7. Links to Third Party Websites

The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that MindConnex.com is not responsible for the content or availability of any such sites.

8. International Use

You agree to comply with all applicable laws regarding the transmission of technical data exported from Ireland or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.

9. Intellectual Property Rights

9.1 The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws. In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

9.2 MindConnex.com does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting MindConnex.com a world-wide, royalty free, non- exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The licence shall be terminated when such Content is deleted from the Services.

9.3 Apple, the Apple logo, iPhone and iPad are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.

10. Indemnity

You agree to indemnify and hold MindConnex.com and its employees and agents harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against MindConnex.com by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by MindConnex.com in consequence of your breach of these Terms and Conditions.

11. Disclaimers and Limitation of Liability

11.1 Use of the Website/Services is at your own risk. The Website/Services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

11.2 To the extent permitted by law, MindConnex.com will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.

11.3 MindConnex.com makes no warranty that the Website/Services will meet your requirements, that the Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else that may be harmful or destructive.

11.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of MindConnex.com for death or personal injury as a result of the negligence of MindConnex.com or that of its employees or agents.

11.5 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.

12. Severance

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

13. Governing Law

This Agreement shall be governed by and construed in accordance with the law of Ireland and the parties hereby submit to the exclusive jurisdiction of the Irish courts.


Sales Terms / Terms of Trade


Terms and Conditions of Sale of MindConnex.com.

1. Definitions

1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Software from the Supplier;

1.2 "Consumer" shall have the meaning ascribed in section 3 of the Sale of Goods and Supply of Software Act, Ireland, 1980

1.3 "Contract" means the contract between the Supplier and the Buyer for the provision of Software incorporating these Terms and Conditions;

1.4 "Software" means the software that the Buyer agrees to buy from the Supplier;

1.5 "Supplier" means Mindconnex Learning Limited of 30 Olcovar, Shankill, Dublin 18 that owns and operates Shakespeareinbits.com;

1.6 "Terms and Conditions" means the terms and conditions for the provision of Software set out in this agreement and any special terms and conditions agreed in writing by the Supplier;

1.7 "Website" means MindConnex.com.

2. Conditions

2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer

2.2 These Terms and Conditions shall apply to all contracts for the provision of Software by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer

2.3 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.

2.4 Any complaints should be addressed to the Supplier's address stated in clause 1.5.

2.5 Any special conditions applying to the provision of the Software are set out in the Schedule to this agreement.

3. Ordering

3.1 All orders for Software shall be deemed to be an offer by the Buyer to purchase Software pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.

3.2 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process section within the website.

4. Price and Payment

4.1 The price of the Software shall be that stipulated on the Website. The price is inclusive of VAT.

4.2 The total purchase price, including VAT, if any, will be displayed in the Buyer's shopping cart prior to confirming the order.

4.3 Payment of the price plus VAT, if applicable, must be made in full via one of the payment options specified on the website. Payment must be made without deduction or set-off.

4.4 After the order and payment is received the Supplier shall confirm by email the details, description and price for the Software together with relevant registration codes, or instructions for software download.

4.5 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cancel the order.

5. Software

5.1 All software is licensed to you on the terms and conditions of the applicable license agreements. These license agreements are shipped with the Software or provided when the Software is registered in accordance with clause 5.3.

5.2 You shall be responsible for ensuring that any Software or Product bundle offered to you is suitable for your requirements and is compatible with your existing systems and practices.

5.3 In the case where the Software is freely downloadable from the main site and unlocked via a registration key, you will be provided with a registration key via email. You shall be responsible for ensuring the email address provided is correct and that the spam filtering settings on your email account do not exclude or reject our registration key emails.

6. Refund Policy (No Refunds)

6.1 All Shakespeare In Bits products are available in a time-unlimited trial mode for evaluation purposes before paid registration is required. As we offer this evaluation option, we do not accept any returns or offer any refunds once we have released registration information (either via email or physical delivery.)

7. Rights of Supplier

7.1 The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.

7.2 The Supplier reserves the right to withdraw the Software from the Website at any time.

7.3 The Supplier shall not be liable to anyone for withdrawing the Software from the Website or for refusing to process an order.

8. Age of Consent

8.1 Where the Software may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Software.

8.2 If the Supplier discovers that the Buyer is not legally entitled to order certain Software, the Supplier shall be entitled to cancel the order immediately, without notice.

9. Limitation of Liability

9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Software and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

10. Waiver

No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this agreement shall prejudice its rights to do so in the future.

11. Changes to Terms and Conditions

11.1 The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

12. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the law of Ireland and the parties hereby submit to the exclusive jurisdiction of the Irish courts.

 

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