• This document (together with any documents referred to in it) tells you the terms and conditions (the ‘Conditions’) upon which we will sell and supply CanDo Online Videos to you. You may print a copy for future reference.
• Business Day: a day other than a Saturday, Sunday or public holiday when banks in London are open for business.
• ‘Event Outside Our Control’ has the meaning given in clause 17.
• ‘Goods’ means the goods listed on our website (‘www.cando-geometry.co.uk’ and 'www.candomaths-videos.co.uk) which we may supply.
• ‘Services’ means the services listed on the Website which we may supply.
• Before confirming your order please read through these Conditions and in particular our cancellations and returns policy at clause 10 and limitation of our liability and your indemnity at clause 12.
• By buying to CanDo Online Video Resources, you agree to be legally bound by these Conditions. By proceeding with your transaction you are accepting these terms and conditions.
2. About us
• This Website is owned and operated by Buzzard Education Limited (‘we’/’us’/’our’) (trading as Buzzard Publishing), of 2 Querns Cottages, Minety, Malmesbury, Wiltshire, SN16 9PL. Registered company number 10455454. ICO number: ZA217316
• Our telephone number is 01666 860735.
• Our email address is firstname.lastname@example.org.
3. Overseas orders
• We may accept orders from individuals located outside the United Kingdom and subject to you paying any additional costs in the way of additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price. Please note that we have no control over these charges and cannot predict their amount.
4. Eligibility to purchase from the Website
To be eligible to purchase the Goods and Services and lawfully enter into and form a contract with us, you must be 18 years of age or over.
• The prices of CanDo Online Video Resources are quoted on the relevant order pages.
• Prices and any other charges quoted on the order page are based on the consumer being based in the United Kingdom, unless otherwise specified.
• Unless otherwise stated, the prices quoted exclude VAT (we are VAT registered).
• Payment can be made by any major credit or debit card. We process our payments through Stripe.
• However, we do not accept the following:
• By placing an order, you consent to payment being charged to your debit/credit card account as provided on the order form.
• If you pay us by credit or debit card we will take payment from your card at the point of sale which then gives you access to your chosen area of the CanDo Online Video Resources site, for example Geometry Series 1 (Y1) videos, or Early Years Counting videos.
• You must pay 100% of the price of resource before being granted access to the online resources.
• THIS IS NOT A RECURRING PAYMENT, the subscription lasts until the end of the academic year. It is your responsibility to pay again if you would like to use CanDo Online Video Resources in any subsequent year.
• We shall contact you should any problems occur with the authorisation of your card.
• If you choose to pay us via BACs of Cheque payment, we will issue an invoice for the price of the subscription. You will not have access to your online resources until 100% of the payment has been received.
• You must pay the amount of our invoice within 14 days of the date of invoice.
• You will have access to the FREE membership area until we have received 100% of the invoiced amount.
7. Order process and formation of a contract
• All orders are subject to acceptance and availability. If we are unable to supply you with access to your online resources or your PDF products, due to matters such as unavailability of technical issues, key staff, or an Event Outside our Control or because we have identified a mistake in the description of CanDo Online Video Resources or the price stated by us, we will notify you. We will not proceed with the order and will refund any sums you have paid us.
• If the Goods are temporarily unavailable, we will notify you by email of the date they are expected to be available. You will have the option either to wait until they are available or to cancel your subscription. If you cancel your subscription, we will refund any sums you have paid us.
• Any order placed by you for CanDo Online Video Resources constitutes an offer to purchase them from us.
• A contract between you and us for the supply of access to the online resource and your PDF documents (the ‘Contract’) incorporating the version of these Conditions in force at the time of your order will come into existence when we send you the Confirmation Notice relating to your order. You may print and keep a copy of the Confirmation Notice for future reference.
• If you think that there is a mistake in the Confirmation Notice or if you wish to make any changes, please contact us to discuss this. If you request a change, we will tell you if that is possible and about any changes to the price, or any other changes that we need to make as a result of your request. We will ask you if you wish to go ahead with the change.
• We may make
• technical adjustments to the online resources or PDF products to improve them or to comply with relevant laws and regulatory requirements,
• changes to these Conditions as a result of changes in any relevant laws and regulatory requirements,
• changes to these Conditions as a result of changes in how we accept payment from you
• changes in the amount payable by you to the extent of any changes in the VAT included in the price or payable in relation to the price.
• If we make any changes in accordance with clause 7.6 we will give you written notice of the changes before we grant you access to your online resources or deliver your PDF products. You can choose to cancel the contract if the change would be significantly to your disadvantage.
• Any variation to these Conditions which have been incorporated into the Contract or to the Contract other than those mentioned in clause 7.6 shall only be binding when agreed in writing and signed by you and us.
• You will gain access to the CanDo Online Video Resources via a membership site hosted at www.cando-geometry.co.uk (also www.candomaths-videos.co.uk) where you will create your own account. You can access your account anytime at the same address.
• Your subscription will last until the end of the academic year in which you have subscribed (currently 2019-2020)
• Your online resources will be accessible in your account when you have paid 100% of the subscription price.
• Once we have received payment in full you will also received PDF products from us to accompany the online resource. These will be issued to you by form of an email from email@example.com as these are not automated emails, there will be a short delay in receiving them.
• You will only be licensed to use these PDF products for the academic year stated on in the footer of the product itself.
9. If there is a problem with your CanDo Online Video Resources account
• If you have any problems with your account, you should provide us with details of the problem as soon as reasonably possible.
• We shall fix the problem, repair any faults in the system as soon as is reasonably possible.
• You may not be able to access your account while the problem is being resolved.
• We cannot be held responsible for the speed of your internet connection, which may effect the speed with which the videos can be viewed on your computer/laptop/device.
10. Cancelling your access to the resources
• If you do not wish to use CanDo Online Video Resources again, YOU DO NOT NEED TO CANCEL. The payment WILL NOT BE TAKEN AGAIN automatically.
• You will only be charged when you order your resource either
• Via the website (“www.canodo-geometry.co.uk) or
• Via email to firstname.lastname@example.org
• THIS IS NOT A RECURRING PAYMENT, the access lasts until the end of the current academic year.
• It is your responsibility to renew your purchase if you would like to use CanDo Online Video Resources in any subsequent year.
• We will only refund your payment if there is a fault with the online resources or PDF products which means you have not been able to use them as described.
• If this is the case we will require proof that the resources have not been up to a usable standard or that your online resources have not been accessible for you to use.
If you have a comment, concern or complaint about CanDo Online Video Resources, please contact us by telephone on telephone number 01666 860735, by email at email@example.com or by post at 2 Querns Cottages, Minety, Malmesbury, Wiltshire, SN16 9PL.
12. Liability and indemnity
• We have a duty to supply CanDo Online Video Resources to you conforming to the Contract including a duty to ensure that;
• the resources are as described in the contract
• the resources correspond to any samples we have sent you
• the resources are fit for any purpose, and are not faulty
• We cannot exclude our liability for a failure to comply with these duties mentioned in this sub-clause. Nothing in these Conditions affects your legal rights if these duties are not complied with. You can obtain advice about your legal rights from Citizens Advice if you need to.
• We cannot exclude or limit our responsibility to you for:
• Death or personal injury resulting from our negligence or the negligence of our employees
• Fraud or fraudulent misrepresentation
• A claim for a defective product against us if we do not give you the name of the person who supplied the product to us within a reasonable time of your request for us to do so.
• We are responsible for foreseeable loss or damage which you suffer as a result of a breach by us of the Contract or as a result of our failure to act with reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We are not responsible for unforeseeable losses.
• You are purchasing CanDo Online Video Resources as a consumer. If you purchase CanDo Online Video Resources for any business purpose including for re-sale, we will not be liable for any business losses, loss of profits, loss of contracts, loss of business opportunities, loss of management time, loss of business data or losses due to interruption of your business.
• We will not be responsible for any delay in granting you access or sending your PDF products if
• we have asked you to provide specified information that is necessary for doing so and
• you have failed to provide complete and accurate information or you have provided such information later than the date we have asked you to supply it by.
• We will not accept liability for any damage caused by pre-existing defects in any fittings, walls, pipes, wiring, gas installations in your premises or to any goods to which we connect or install or attach the Goods unless we have been negligent in not realising that such damage may occur or in the way we did the work.
13. Our rights of termination
We reserve the right to terminate the Contract by writing to you if you fail to make any payment to us when due and you still do not make payment within 14 days of us reminding you that payment is due.
14. Events outside our control
• Except for our obligations under this clause, we shall not be responsible for delays or failures in delivery or performance of our obligations to you resulting from any act, event, omission, failure or accident outside our reasonable control (‘Event Outside Our Control’).
• We will take all reasonable steps to minimise a delay in performing our obligations to you which arises from an Event Outside our Control.
• We will promptly notify you of any Event Outside Our Control which prevents us from or delays us in performing our obligations to you, giving details of it and (where possible) the extent and likely duration of any delay.
• Our performance will be deemed to be suspended for the period that the Event Outside Our Control continues.
• You may end the Contract after we have notified you of an Event Outside Our Control and we will then refund you any money you have paid to us under the Contract for the Goods and Services which we have been unable to deliver to you.
15. Use of personal data
You authorise us to process and transmit your name, address and other personal information supplied by you (including updated information) to
• supply the Goods and Services to you
• carry out checks to ensure you have adequate funds and fulfil security and fraud prevention requirements
• transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer
• validate your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.
• inform you of similar Goods and Services we provide, but you may contact us at any time to request that we stop informing you of these.
16. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
17. Other important terms
• We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
• Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
• If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
• All Contracts are concluded in English only.
• If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
• A waiver by us of any default shall not constitute a waiver of any subsequent default.
18. Governing law and jurisdiction
These Conditions and the Contract are governed by the laws of England and Wales and you can bring legal proceedings in respect of the Goods or Services or Goods and Services in the courts of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the Goods or Services or Goods and Services in either the courts of Scotland or England and Wales. If you live in Northern Ireland you can bring legal proceedings in respect of the Goods or Services or Goods and Services in either the courts of Northern Ireland or England and Wales. If you live in another country in the EU, you can bring legal proceedings in respect of the Goods or Services or Goods and Services in either the courts of your home country or England and Wales.