Terms and Conditions for nicoleberberian.com
Including:
- terms and conditions for all purchases, downloads, subscriptions and website services and content
- terms and conditions for general use of nicoleberberian.com website:
Please read the following terms and conditions carefully before using the nicoleberberian.com website. You may want to print a copy for future reference. By using the nicoleberberian.com website, you signify your agreement to be bound by these conditions.
They set out the terms on which we at nicoleBerberian.com, our agents and subcontractors ("We" or "Us") allow you to access and use the Services which we make available from the Nicole Berberian website: nicoleberberian.com ("Website").
By using this website or clicking the purchase button for documents you accept and agree to be bound by these Subscription and purchase Terms and conditions, the Privacy Policy and such other policies as we may notify you of from time to time which together constitute the entire agreement between us relating to your use of the Services ("Agreement").
If you do not agree with any of these terms and conditions do not click "Accept and Proceed to PayPal >" and do not access or use the Services. If you have any questions please contact our team via our web.
1. Definitions
In these terms and conditions we use these expressions, which have the following meanings (unless otherwise stated):
"Agreement" means these Terms and conditions, the privacy policy and such other policies as we may notify you of from time to time;
"Content" means the information, text, images, photographs, illustrations, music, sound recordings, graphics, broadcasts, films, cable transmissions, and other content, features and behaviour contained within a Service including screen shots, prints or other reproductions of such content whether in whole or in part;
"Educational Establishment" means a school, college, teaching or other educational establishment as represented by its staff from time to time;
"Educational Use" means use in the course of instruction or in the preparation for instruction provided that the instruction is for a non-commercial purpose and in the context of Educational Establishments means use for the educational purposes of such establishments;
"Multiple Device Licence" means a licence permitting simultaneous access and use of a Service on a number or network of computers or Internet enabled portable devices;
"Service" means any of the services offered by us from time to time, including without limitation the Content and other materials comprised within or made available through such service and "Services" means any two or more of them;
"Single Device Licence" means a licence permitting use of a Service on a single computer or Internet enabled portable device at any one time;
"Subscription" means a subscription to newsletter emailings sent from nicoleberberian.com
2. Use of the Service
Subject to terms of the Agreement between us we hereby grant you a limited, non-exclusive, non-transferable, non-assignable right to access and use the Service (including the Content made available via the Service) as set out below:
Single Device Licence - You and members of your household, company or Educational Establishment may at any one time access and use the Service on a single computer or Internet enabled portable device for your personal, non-commercial, recreational and/or Educational Use (and not for the benefit of any third parties).
3. Permitted Use of this service and Restriction on copying, duplication and information reproduction:
Nicole Berberian grants you a limited licence to access and make personal use of this website and any contents within, but not to download or modify it, or any portion of it, except with express written consent of nicoleberberian.com. The information in this website, or any portion of it including logos, information, document downloads, photographs, or any other intellectual property within must not be copied in any way, not even in part.
No part of this website may be resold, copied, duplicated, no information must be collected or reproduced, or any derivatives, of it without written consent from Nicole Berberian, nicoleberberian.com
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of nicoleberberian.com without express written consent. You may not use any meta tags or any other "hidden text" utilising Nicole Berberian or nicoleberberian.com names or trademarks without the express written consent of Nicole Berberian at nicoleberian.com. Any unauthorised use terminates the permission or license granted.
4. Intellectual Property
All brand names, product and service names, titles and copyrights, database rights and any other intellectual property rights used in the Service are the trade marks, trade names, service marks, copyrights, database rights or other intellectual property of us and our agents. We expressly reserve any intellectual property rights we or our agents have in or relating to the Service.
Use of the Web Site does not constitute a licence for you to use any trade marks, designs, get up and/or logos of us and/or our agents.
5. Restrictions on Use
You may not use the Service or its Content:
to decompile, reverse engineer or disassemble any part of the Service or its Content or any software used in connection with the Service which for the avoidance of doubt includes any hacking; to gain or attempt to gain unauthorised access to any servers controlled by us or our agents; to send or distribute multiple unsolicited junk e-mails or messages ("Spam"), chain letters or otherwise to interfere with or disrupt the Service or the networks through which you access and use the Service; to introduce into the Service any material containing contaminating or destructive codes such as viruses, worms, 'Trojan horses' or any other similar features; to take sound or other recordings of any audio material contained within a Service; for any commercial, profit-making or re-sale purposes, including the systematic extraction and/or re-utilisation of any part of a Service or its Content; for any purposes whatsoever which are unlawful, which might encourage conduct constituting a criminal offence, or which might constitute or give rise to the misleading or deception of any person; for any purposes which are abusive, threatening, harmful, vulgar or obscene or which may constitute or encourage harassment or be otherwise objectionable;
We reserve the right to cancel your Subscription or suspend your access to the Service if we have a reason to believe that you have breached the terms of the Agreement between us or your use of the Service may violate the rights of any third party or otherwise may be reasonably objectionable to us. You confirm that we shall not be liable to you or to any third party as a result of any such cancellation or suspension.
6. Availability, Faults and Errors
We make every effort to ensure the Services are fault free and that you can access them at all times, but we cannot guarantee this will always be the case. From time to time we need to carry out essential repairs, maintenance and/or updating of our IT systems which may restrict your use of the Service. In these circumstances, we will endeavour to restore the Services to you as soon as possible. If a fault occurs, please report it to our Technical Support team using the contact form.
7. Amendments
We reserve the right to change the terms of the Agreement between us and the functions and facilities of the Service and/or the Website from time to time. We will notify you of such changes by email and by posting a notice on the Website. By continuing to access and use of the Service following such notification, you will be accepting these revised terms.
8. The Contract Between Us
We accept Subscription and document purchases from this website subject to the terms of the Agreement between us.
A legally binding contract will have been formed between us at the moment at which we send you any emails, documents, or you use the website. We will not be responsible if you fail to receive an acceptance e-mail because you have supplied us with an incorrect e-mail address. We reserve the right to decline your Subscription request.
Without prejudice to the generality of the foregoing we reserve the right to decline Subscription requests or cancel Subscriptions:
in the event of obvious inaccuracies in prices, except that we may fulfil Subscription requests at the correct price;
if we are unable to obtain payment authorisation from the issuer of your payment card;
if you are in breach of or abusing the terms of the Agreement between us; and/or
your access to and/or use of the Service is illegal or unlawful under laws applying in the country from which you choose to access and/or use the Service;
if your computer and/or device does not meets the minimum performance requirements we specify.
All Subscription and purchase requests are subject to validation checks and authorisation by our appointed third party payment card processor and your card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or failure to activate your purchase. Payment will be reserved on your payment card at the point you submit your Subscription request on-line and will be debited from your account as soon as we or our appointed third party payment card processor obtains payment authorisation from your card issuer.
9. Access to the Service
You agree that we will not be responsible for failing to provide you with access to the Service if you have supplied us with incorrect information and/or your computer and/or Internet enabled portable device do not meet the minimum performance requirements we specify on the Website.
10. Refunds Policy:
Refunds can not be given for documents purchased from this website, including downloaded information. This is to prevent unauthorized duplication and gathering of information and is in accordance with UK internet laws protecting providers of newspaper, software, perishable and made to order goods. Please use the contact form at nicoleberberian.com for any further information, or individual queries.
We reserve the right to refuse a refund on any other purchases if we believe that you have or have attempted to damage or misuse the Service or have breached or abused any of the terms of the Agreement between us.
11. Liability
Any Content or other material or software downloaded or otherwise obtained through use of the Service is used at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such Content, material or software.
We have taken every care in preparing the Content and material made available to you via the Service. To the extent permitted by applicable statute and common law, we disclaim all express and implied conditions and warranties as to the performance, accuracy and/or use of the Service, (including without limitation the Content accessed via the Service).
We shall not be liable to you or any other person (other than by reason of fraud) for any loss or damage which may arise from your access to and/or use of the Service and/or its Content, including without limitation:
loss of business; loss of revenue; loss of profits; loss of anticipated savings; wasted expenditure, loss of privacy and/or loss of data;
loss or damage, which arises from your misuse of the Service or any of the information or materials made available to you via the Service; and/or
other loss or damage which does not result directly from our actions or the actions of our agents and other suppliers.
We will not be liable to you for any delay or failure to give you access to the Service where such delay or failure is due to circumstances beyond our control or the control of our sub-contractors and agents, including but not limited to electricity power failure, utilities failure, failure of telecommunications links, failure of transport infrastructure, fire, flood, government act, act of God, legislative constraints, strikes, labour disputes or malicious damage involving employees.
We may modify or discontinue, temporarily or permanently any part of the Service, with or without notice to you and you confirm that we shall not be liable to you or to any third party for any modification to or discontinuance of any part of the Service.
Our exclusions of liability shall not apply to any damages arising from death or personal injury caused by our negligence or that of any of our employees or agents.
Nothing in the terms of the Agreement between us shall affect your statutory rights as a consumer.
12. Credit Card Payments
We will take all reasonable care to keep the details you provide us when requesting a Subscription (including your credit/debit card information) secure. Unless a member of our staff has been fraudulent or negligent, we will not be liable for any losses you may suffer as a result of unauthorised access by a third party to the information you transmit when you place your Subscription request. It is your responsibility to ensure the security of your own system password and credit/debit card details to avoid unauthorised use. Your credit/debit card payments will be processed by our appointed third party payment card processor.
13. Indemnity
You agree to indemnify us and our associated companies, officers, agents, co-branders or other partners and employees, from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Service in breach of the terms of the Agreement between us.
14. Third Party Liability
Save as specifically provided in the Agreement between us a person who is not a party to the Agreement between us shall have no right under The Contracts (Rights of Third Parties) Act 1999 to enforce or rely upon any provision herein. Our agents may enforce and rely upon any such provisions.
15. Data Protection
For information on how we use the personal and transactional information (e.g. name, address, e-mail address, credit card details) ("Personal Information") you supply to us in order to provide you with access to the Services you have requested from us please refer to our privacy policy.
16. International Use
We make no representation that the Services, their Content or any products or services referred to in the materials and information made available to you when you access and use the Services are appropriate for use, or available, in locations outside the United Kingdom.
17. Governing Law
These Subscription Terms are governed by English law. You hereby irrevocably submit to the exclusive jurisdiction of the English courts notwithstanding the jurisdiction where you are based.
20. Queries
Any queries or comments about the Service should be directed to us via our web form.
21. Our Details
The Services are owned and operated by Nicole Berberian. Contact using the web form at nicoleberberian.com or email info@nicoleberberian.com
Nicoleberberian.com General Website Use Conditions
These terms and conditions ("Website Use Conditions") govern your ("you" or "your") use of the website which we, nicoleberberian.com ("we" "us" or "our") operate from the URL "www.nicoleberberian.com” ("Website"). By using the Website you agree to be bound by these Website Use Conditions. If you do not agree with any part of these Website Use Conditions, you may not access or use the Website.
Use of the Website
You may access and use the Website for your personal, non-commercial use. Provided you retain all copyright and proprietary notices, you may retrieve and display the content of the Website on a screen.
You may not use this Website or its contents:
- for commercial purposes
- for resale purposes including the systematic extraction and/or re-utilisation of any part or the contents of this Website (e.g. item listings, descriptions, prices);
- to download (other than page caching) or modify the Website, or any portion of it;
- to interfere with or disrupt any network or web site connected to this Website or gain unauthorised access to other computer systems;
- to interfere with the enjoyment or use of the Website by any other person;
- for any purpose which is unlawful.
In addition you may not in relation to this Website, use any:
- data mining, robots, or similar data gathering and extraction tools;
- framing techniques to enclose the trade marks, logos and other proprietary images, text, layouts and formats which we use on the Website;
- meta tags or any other "hidden text" which uses our name or trade marks.
Using this Website does not give you permission to use any of the trade marks, designs, and/or logos contained within it or to copy the "look and feel" and get-up of the Website or any of our products or services.
Intellectual Property
This Website and its content, including all text, graphics, logos, button icons, images, data compilations and software used in connection with this Website, is our property or that of our suppliers and is protected by copyright, trade marks, database rights and other intellectual property rights.
Availability and Connectivity
Whilst we make every effort to ensure the Website is available at all times, given the nature of the Internet, we cannot guarantee this will always be the case or that the Website will be fault or error free. If a fault occurs, please report it to our Customer Services Team via by clicking here. Occasionally we may suspend or restrict access to the Website to allow us to carry out essential updating, maintenance and repairs. In these circumstances, we will endeavour to restore your access to the Website as soon as possible.
Use of this Website requires internet connectivity and telecommunications links. You are responsible for any costs or charges that you may incur in using the Website.
Liability
The Website is provided "as is". Whilst we have taken every care in the preparation of the content of the Website we cannot guarantee that it is accurate or error-free. We will not be responsible for any errors or omissions or for any technical difficulties you may experience with the Website.
We shall not be liable to any person for any loss or damage which may arise from the use or misuse of this Website or any of the materials on the Website (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill). Nothing in these Website Use Conditions excludes our liability to you for personal injury or death caused by our negligence.
Third Party Sites
The Website may include links to third party web sites ("Third Party Site(s)") from time to time. You acknowledge and agree that we will not be responsible for the availability of such Third Party Sites and will not be responsible or liable for any content or services available or software which you download from such Third Party Sites. You should check the privacy statements and terms and conditions of use of Third Party Sites accessible from this Website.
Alterations to these Website Use Conditions
We reserve the right at any time to make changes to these Website Use Conditions and such other policies as we may notify you of from time to time. You will be subject to the policies and terms and conditions in force at the time you use the Website. If any of the terms of these Website Use Conditions are deemed invalid, void or unenforceable for any reason, they will be deemed severable and not affect the validity and enforceability of the remaining terms and conditions.
Waiver
If you breach these Website Use Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.
Governing law and jurisdiction
These Website Use Conditions are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the non-exclusive jurisdiction of the English courts, as do we.
Customer Support
Please contact our Customer Services Team here.
Our Details
info@nicoleberberian.com
Last Updated: February 2009