Terms & Conditions
TERMS AND CONDITIONS OF SALE AND USE ("TERMS AND CONDITIONS")
John Catt makes no representations or warranties with respect to the Website or its contents, which are provided for use "as is". John Catt disclaims all warranties, express or implied, including without limitation the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, with respect to the Website and any website with which it is linked. John Catt also makes no representations or warranties as to whether the information accessible via the Website, or any website with which it is linked, is accurate, complete, or current. It is your responsibility to evaluate the accuracy and completeness of all information, opinions, and other material on the Webite or any with which it is linked. Price and product information is subject to change without notice.
References to "you" and "your" are references to the person accessing the website and placing an order for our product(s).
References to "we", "us" and "our" are references to John Catt or its subsidiary companies.
We will require you to register with us to create an account and agree to our Terms and Conditions. You agree to take all reasonable steps necessary to ensure that your login details (User Name and Password) and your "My Account" details remain confidential and secure. You agree to inform us immediately if you have any reason to suspect that your login details have become known to anyone else or if your login details or "My Account" details are being used or are likely to be used in an unauthorised way. You agree to accept responsibility for all activities that occur under your account.
Please ensure that the details you provide to us are correct and complete. Please update your "My account" promptly with any changes to the information that you provided when registering.
At our sole discretion, we may refuse access to the Bookshop, suspend or terminate accounts, remove or edit content, or cancel orders. If we cancel your order and you have already submitted payment, the price you have paid will be refunded in full.
From time to time, we may restrict access to some parts of the Website, or the entire Website, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. In the event that you do disclose such information to a third party, you will be responsible for any use of Schoolsearch by that third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions.
If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your identification code, password or any other such information, you must notify us immediately by emailing firstname.lastname@example.org.
PRODUCT DESCRIPTION & AVAILABILITY
We do our best to ensure that access to the Bookshop is uninterrupted and that our communications are error-free. However, due to the nature of the internet, this cannot be guaranteed. We have taken care to describe and price our products on the Bookshop as accurately as possible. All our prices include applicable taxes. If for any reason we are unable to provide access to the Bookshop or provide a product we will not be liable to you except to ensure that any payment you have made is refunded in full.
FORMATION OF BINDING CONTRACT & PAYMENT
Your order placed via the Bookshop is an offer to buy from us. Your payment will be taken at the point of order. We will give you the opportunity to review your order in full, including your payment details and delivery options, to enable you to correct any errors prior to placing your order.
Our contract with you for the sale of a product is concluded when we have received your payment and accepted your order. We will send you an email to confirm that the sale has been concluded. If we decline to supply a product to you and you have already paid for it we will give you a full refund of the amount paid.
We accept payment via our secure payment service provider Sage Pay. Payment can be made using Visa, Mastercard or Maestro. We can also accept payment via Direct Debit. If paying by direct debit, please note that John Catt Educational Limited has appointed the BACS Approved Direct Debit Bureau, Eazy Collect Services Limited (www.eazycollect.co.uk), to collect your payments. If paying with a Purchase Order (PO) number, we will send an invoice that requires payment within 30 days.
COPYRIGHT, DATABASE RIGHT & INTELLECTUAL INFRINGEMENT
The Bookshop and all products advertised for sale via the Bookshop are owned by John Catt and are protected by international copyright, database right and other intellectual property laws. John Catt reserves all rights in the Bookshop and its products not expressly granted in these Terms and Conditions.
You agree to take reasonable steps to protect our copyright from unauthorised use and you agree to notify us at the address given below if you become aware of or suspect the unauthorised use of the Bookshop or any of our products including unauthorised use or theft of your login or "My Account" details.
When you purchase an electronic publication from us you do not become the owner of the publication; instead you are purchasing a personal, non-exclusive, non-transferable licence to use the publication for your own personal, non-commercial use according to these Terms and Conditions.
Our contract with you for the sale of an electronic publication will be concluded when we have received your payment and accepted your order. We will send you an email to confirm that the sale has been concluded and this email will include a link to download the electronic publication. We authorize you to download a single copy of the electronic publication and you agree that your installation and use of the electronic publication indicates your acceptance of these Terms and Conditions. You may print and reuse extracts from the electronic publication in accordance with the fair dealing provisions of the Copyright, Designs and Patents Act 1988, where these provisions do not conflict with these Terms and Conditions. You may make a single backup or archival copy for your own personal non-commercial purposes.
Once you have placed your order via the Bookshop you will be unable to amend or cancel the order. If we decline to supply the electronic publication and you have already paid for it we will give you a full refund of the amount paid. An electronic publication may only be returned to us according to our Returns and Refunds Policy below.
You agree to take reasonable steps to protect the electronic publication from unauthorised use and you agree to notify us at the address given below if you become aware of or suspect the unauthorised use of the electronic publication including unauthorised use or theft of your login details to the Bookshop or the email we provide to you to download the electronic publication.
Please be aware that you will infringe our copyright and/or database right and/or be in breach of these Terms and Conditions if you:
1. resell, rent, assign, transfer or otherwise make available all or part of an electronic publication or any rights granted under these Terms and Conditions to any other person;
2. use the electronic publication for any purpose other than private non-commercial use in accordance with these Terms and Conditions; 3. duplicate or modify the electronic publication;
4. remove any proprietary notices, labels, marks or digital rights management from the electronic publication; or
5. extract or re-utilise all or any part of the contents of our electronic publications for commercial purposes (e.g. to create mailing lists or for marketing purposes or to resell any data in the publication).
and in these circumstances the licence we have granted to you under these Terms and Conditions will automatically terminate without prejudice to any rights or remedies we may have against you for infringement of our rights, breach of these Terms and Conditions or otherwise, and your continued use of the electronic publication will be in breach of these Terms and Conditions and the licence granted under them.
Multi-use configurations or network distribution of our electronic publications is strictly prohibited. Institutions wishing to access an electronic publication must purchase an institutional licence from us. Please contact our sales team at the address below.
POSTINGS AND CONTENT SUPPLIED BY YOU
The Website provides some areas where you can post or exchange information,e.g "Reviews". Such actions are collectively known as "Postings". Please be aware that John Catt has no obligation to and does not exercise editorial control over Postings and such content does not necessarily reflect the views of John Catt.
All Postings will be considered non-confidential and non-proprietary and John Catt has the right to use, copy, distribute and disclose to third parties any Postings for any purpose. To the fullest extent permitted by applicable law, John Catt shall in no event have any responsibility or liability for the Postings or for any claims, damages, or losses resulting from their use and/or appearance on the Website. John Catt reserves the right to monitor all Postings and to remove any which it considers in its absolute discretion to be offensive, unlawful, infringing third party rights or otherwise in breach of these Terms and Conditions.
You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material they contain; that your Postings shall not infringe any proprietary or other rights of third parties; that your Postings shall not contain any viruses or other contaminating or destructive devices or features; that your Postings shall not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful or immoral material or content; and that your Postings shall not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.
You hereby authorise us to use and/or authorise others to use all or part of your Postings in any manner, format, or medium that we or such other parties see fit. You shall have no claim or other recourse against John Catt for infringement of any proprietary or other rights in Postings. John Catt also has the right to disclose your identity to any third party who is claiming that any Posting constitutes a violation of their intellectual property rights, or of their right to privacy.
John Catt products are provided to you "as is" and John Catt provides no warranty of any kind.
RETURNS AND REFUNDS
You agree to the terms of our Returns and Refund Policy:
If you are not completely satisfied with your purchase, you may return it to us within 21 days of receipt and we will refund the price you have paid in full. Our refund guarantee is in addition to your statutory rights and does no affect them in any way. Please be aware that you are under a statutory duty to take reasonable care of any items you are returning to us.
Where an item is not damaged or faulty we cannot refund the cost of returning items to us.
Please send returns to the following address and please remember to include the invoice/despatch note:
John Catt Educational Ltd
12 Deben Mill Business Centre
Damaged or faulty materials: If an item is damaged or faulty then 'authorisation to return' must be obtained from us. For damages where a replacement item is required, the replacement will be despatched straight away. In the case of refunds, they will only be applied to your account once the damaged item has been returned to us. Please remember to quote your invoice and account numbers in any correspondence.
May we remind you of the Terms and Conditions under which you purchased an electronic publication from us. Under these Terms and Conditions you are not entitled to return an electronic publication unless it is damaged or faulty.
Damaged or faulty electronic files: If an electronic file is damaged or faulty or you are unable to access the electronic file we have sent you then 'authorisation to return' must be obtained from us. We will replace damaged files or arrange a refund. In the case of refunds, they will only be applied to your account once you have obtained 'authorisation to return'. Please remember to quote your invoice and account numbers in any correspondence.
Please note that refunds will be made to the credit card used to make the original payment.
LINKING TO THE WEBSITE
You may link to the home page of the Website, provided you do so in a way that is fair and legal and does not damage John Catt's reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on John Catt's part, where none exists. You may only establish a link to the Website from a website you own. John Catt reserves the right to withdraw linking permission without notice. A website that links to the Website:
• must display John Catt's logo (as it appears on the home page of the Website);
• may not remove, distort or otherwise alter the size or appearance of the John Catt logo;
• may link to, but not replicate, the Website;
• must not create a frame or any other browser or border environment around the Website or the content on the Website;
• must not in any way imply that John Catt is endorsing it or its products or services;
• must not misrepresent its relationship with John Catt;
• must not present false information about John Catt;
• must not use any John Catt trademarks displayed on the Website, other than John Catt's logo;
• must not be a website that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations;
• must not be a website that contains content that could be construed as distasteful, offensive or controversial;
• must not deep link to pages within the Website; John Catt expressly reserves the right to request that any link established in breach of these Terms and Conditions be removed and to take whatever other action it deems appropriate.
LINKS FROM THE WEBSITE
Where the Website contains links to other websites and resources provided by third parties, these links are provided for information only and do not imply endorsement of any such websites by John Catt. John Catt has no control over the content of third party websites or resources and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse the Website by knowingly introducing viruses, Trojans, worms or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website. By breaching this provision, you commit a criminal offence under the Computer Misuse Act 1990. John Catt will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately. We will not be liable for any loss or damage caused by a denial-of-service attack, a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer e.g. computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it or on any website linked to it.
RELIANCE ON THE WEBSITE
Content displayed on the Website is not intended to amount to advice on which reliance should be placed. John Catt, therefore, disclaims all liability and responsibility arising from any reliance placed on such content by any user of the Website, or by anyone who may be informed of any of its contents. John Catt aims to update the Website regularly and we may change the content at any time without notice. If necessary, we may suspend access to the Website or close it indefinitely. Any content on the Website may be out of date and we are under no obligation to update such content.
The content displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, John Catt, 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 liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any content posted on it, including:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claims arising from, or related to, your use of the Website, although we retain the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or any other relevant country. These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
John Catt Educational Ltd
12 Deben Mill Business Centre
John Catt Educational Limited is a company registered in England (registered company no: 05762466).
VAT registration no: 886808757.