Terms & Conditions
Terms and Conditions
1.1 In these terms and conditions "we" and "us" means Xelium Ltd and all it’s divisions and "you" means you the customer. These terms and conditions together with your order constitute the contract between us and you for the supply of electronic products. No other terms and conditions shall apply. The contract cannot be varied unless we agree to vary it in writing or by email.
1.2 By accessing or using the moodler.me and moodler.me.uk website you agree to be bound by the terms and conditions below.
2.1 We understand the importance of maintaining and protecting your privacy. When you place an order we need to know certain vital information about you to process your order. This information may include: your name, home or company address, e-mail address, delivery address, telephone number, credit card number and expiry date. This information is given in a secure area. This information is required to process and fulfill your order and to notify you, if necessary, about the status of your order (e.g. if a particular product is out of stock). Your telephone number is required so that we can contact you quickly if necessary, for example, if there is a problem with your order.
2.2 We ask for details of your e-mail address when you place an order. We may use your e-mail address to contact you. If we are unable to contact you by e-mail then we may contact you by any other suitable method reasonably available.
2.3 We use the information we hold about you to monitor the use of the moodler.me.uk website and to keep records of traffic flows to the site. We may also use the information we collect to notify you about functionality changes of the service and new products and services in areas that are of interest to you, unless you have indicated otherwise.
2.4 "Cookies" are small pieces of information stored on your computer's hard drive by your web browser. The cookies that we use contain no personal information that could be used to identify you and are used only as part of the shopping service we provide - such as the storage of titles in your shopping basket between visits. It is possible to configure your browser so that cookies are not used automatically but this may prevent you from having the benefit of some of the site's features.
2.5 In order to fulfill our obligations under the UK Data Protection Acts of 1984 and 1998 we do our utmost to prevent unauthorized access to your information by following very strict procedures about the storage and disclosure of your information. To protect against unauthorized access to your password and your computer ensure you log off when you have finished using your computer.
2.6 We may extract statistics about our customers, sales, traffic patterns and related site information to be used internally, but such statistics will not include any personal information that would identify you.
2.7 We work closely with other organizations and individuals that perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and email, processing credit card payments and customer service. They are provided with personal information necessary to perform that task and may not use it for other purposes.
2.8 Account and other personal information will be released by us only when we believe it is necessary to comply with law.
2.9 We may update this policy from time to time and we advise you to check it regularly so that you are aware of any changes. We would welcome any feedback you may have on privacy. Please e-mail any comments to firstname.lastname@example.org.
3. Force Majeure
3.1 We will not be liable for any loss or damage suffered or incurred by you arising from our delay in fulfilling or failure to fulfill or otherwise discharge any of our obligations under the contract, to the extent that such delay or failure is caused by any circumstance beyond our reasonable control.
4. Governing Law and Jurisdiction
4.1 The contract shall be governed by English law.
4.2 Both we and you submit to the exclusive jurisdiction of the English courts.
5.1 The prices for the products will be the prices indicated on the moodler.me.uk website, but are subject to change.
5.2 VAT is only payable for electronic and other non-book products in the European Union.
6. Content Licensing
6.1 Any published content purchased on the moodler.me.uk website is subject to acceptance of a separate license agreement, displayed during the purchase process and available within product folders.
7. Placing Your Order
7.1 To place an order you must be 18 years of age or over.
7.2 By placing an order, you make an offer to us to purchase the products you have selected on these terms and conditions. We may or may not accept your offer at our discretion. If we accept your order, we will notify you of our acceptance by issuing an order confirmation. We will send your order confirmation to you by email, verbally over the phone or by fax.
7.3 If we cannot accept your order we will contact you by email, telephone or fax.
7.4 Information contained on the moodler.me.uk website constitutes an invitation to treat. No such information constitutes an offer by us to supply any products.
8. Supply of Your Products
8.1 Subject to these terms and conditions, we will supply to you the products indicated on your order confirmation.
9.1 All goods sold on moodler.me.uk are electronic in nature and will not be available for delivery. All goods are available via download only.
10. Our Liability
10.1 If you are a consumer, nothing in the contract shall limit or exclude our liability for breach of any term implied by statute.
10.1.1 If you are not a consumer these terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the products and performance of the services;
10.1.2 There are no warranties, conditions or other terms that are binding on us except as expressly stated in the contract.
10.1.3 Any warranty, condition or other term concerning the products or services which might otherwise be implied into or incorporated in the contract by statute, common law or otherwise (including without limitation any implied term as to quality or fitness for purpose) is hereby expressly excluded.
10.2 Subject to condition 10.1, we will not be liable under the Contract for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
10.3 Subject to conditions 10.1 and 10.2 our maximum aggregate liability under the Contract whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
10.4 We have no liability for material that might appear on any linked third party websites.
11. Refund Policy
11.2 We are unable to accept the return of any downloaded material. Before you finally complete your purchase please carefully review whether the particular product under consideration will meet your needs.
12.1 Neither our failure nor your failure to enforce any term of the contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
12.2 The invalidity or unenforceability of any provision of the Contract shall not adversely affect the validity or enforceability of the remaining provisions.