Terms & Conditions
EDpaX International Limited Terms and Conditions
Welcome to the EDpaX.com website (the “Website”), operated by EDpaX International Limited, registered under the Companies Acts (company number 04778732, VAT number 936 4624 07 and having its registered office at 20-22 Bedford Row, London, WC1R 4JS, United Kingdom (“EDpaX”). EDpaX provides this site to you subject to the following;
1.0 Terms & Conditions
4.0 Delivery Policy
1.0 Terms and Conditions
1.1 Terms and Conditions of Use of EDpaX website
Please read these Terms and Conditions carefully before using this site.
1.2 ACCEPTANCE OF TERMS
This website located at http://www.EDpaX.com/ provided by EDpaX is conditional on your acceptance of the terms and conditions of use set forth below in the "Terms and Conditions". By browsing, accessing, linking, using and/or downloading information from this Site, you agree to accept and abide by these Terms and Conditions for each use and each visit of this Site. If you do not agree to these Terms and Conditions, you should not access this Site.
EDpaX provides this Site and all related URLs to you, subject to these Terms and Conditions. These Terms and Conditions are entered into between EDpaX and you. If you are using the Services on behalf of another person, you represent that you are authorized to accept these Terms and Conditions on that person's behalf. Unless explicitly stated otherwise, these Terms and Conditions will govern your use of any new features that augment or enhance the current Services, including the release of new products or services.
1.4 Changes to Terms and Conditions
1.5 Permitted and Prohibited Uses
1.6 Copyright and Trademarks
1.7 Links and Third Party Websites
1.8 Submission of Information
1.14 Limit of Liability
1.16 Governing Law
In addition to the terms defined throughout these Terms and Conditions, the terms "you", "your" and "yours" refer to the surfer, customer or purchaser utilizing this Site to obtain Services. The terms "we", "us" and "our" refer to EDpaX.
1.4 Changes to Terms and Conditions
EDpaX reserves the right, at any time, to modify, add to, delete from, alter, or update these Terms and Conditions and you agree to be bound by such Changes. Changes shall be effective immediately which may be given by any means including, but not limited to posting on this Site or by electronic or conventional mail. You agree to regularly review the Terms and Conditions posted at this Site and to be aware of Changes. Your use of this Site following any Changes constitutes your agreement to follow and be bound by these Terms and Conditions as changed.
1.5 Permitted and Prohibited Uses
This Site is intended for the lawful use of schools, Educational Authorities, other Educational Establishments, teachers and members of the general public who are over the age of 16 years. Subject to these Terms and Conditions, and in accordance with the terms of the single or site End User Licence Agreement (EULA) purchased, EDpaX grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the information thereon, including without limitation, all text, design, graphics, drawings, photographs, video clips, music and sounds, and all trade-marks, service marks and trade names used at this Site and the selection and arrangements thereof (collectively, the "Content"), provided, however, that you may not, nor may you allow others to, directly or indirectly:
- sell, licence, rent, reproduce, modify or attempt to modify or create derivative works from the Content in any way or reproduce or publicly display, perform, transmit or distribute or otherwise use the Content for any public or commercial purpose, including without limitation use of the Content on any other website or in any environment of networked computers;
- transfer the Content to any other person without the prior written explicit consent of EDpaX;
- use this Site in any manner that could damage, disable, overburden or impair this Site;
- upload, post or otherwise transmit or distribute on this Site any items, including without limitation computer viruses, Trojan horses, worms, backdoor, shutdown mechanism or other harmful, disruptive or destructive files or computer programs;
- interfere with the security of, or otherwise abuse, this Site or any Services, system resources, accounts, servers or networks connected to or accessible through this Site or associated or linked sites;
- infringe on any patent, trade-mark, trade secret, copyright, right of publicity, or other proprietary right of any person, or impersonate any person or entity;
- disrupt or interfere with any other person's use or enjoyment of this Site or associated or linked sites;
- use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part;
- use or attempt to use another's account, password, service, system or other information without prior written authorization from EDpaX, or create or use a false identity on this Site;
- transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail;
- upload to, distribute to, or otherwise disseminate through this Site any material or information of any kind that is threatening, harassing, libelous, defamatory, obscene, pornographic, fraudulent, deceptive, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services; or
- attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access.
You also agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content.
1.6 Copyright and Trademarks
Unless otherwise noted, the contents of this Website (including all website design, text, graphics, the selection and arrangement thereof and all software compilations, underlying source codes, software and all other material) are subject to intellectual property rights including copyrights and trade marks held or licenced by EDpaX. Any reproduction or use without the express prior written permission from EDpaX, or EDpaX content providers as the case may be, is strictly prohibited. Except as expressly provided herein, no licence to use or reproduce the Content is given to you and all intellectual property rights therein are expressly reserved. Systematic retrieval of data or other Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without express prior written permission from EDpaX is prohibited.
1.7 Links and Third Party Websites
EDpaX provides to you, on this Site, links to Third Party Websites operated by other entities. These Third Party Websites will typically be identifiable through a change to the URL in your Web browser, though the Site does occasionally contain content from Third Party Websites within the WEBSITE URL. You agree that this Site provides no dialogue box or other clear demarcation indicator when you leave this Site and enter a Third Party Website. Links to Third Party Websites does not constitute an endorsement, sponsorship or recommendation by EDpaX of the Third Party Websites, the entities themselves or of any content, services or products available on or through such Third Party Websites. If you use these Third Party Websites, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Links do not imply that EDpaX or this Site is affiliated or associated with, or is legally authorized to use any trade-mark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Third Party Website is authorized to use any trademark, trade name, logo or copyright symbol of EDpaX. Third Party Websites may create other contractual obligations between you and the third party entity in addition to these Terms and Conditions.
This Site will from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements. You agree that EDpaX shall not have any liability whatsoever to you for any such third party material, data or information.
1.8 Submission of Information
Although EDpaX may provide certain security in an effort to protect the electronic transmission of certain information that you submit to EDpaX through this Site, EDpaX does not guarantee the security of any information transmitted to or from this Site, including to or from any Third Party Websites linked to this Site. Submission of any financial (eg. credit card) or other information to this Site or to any Third Party Websites linked to this Site is entirely at your own risk and responsibility. Do not send any confidential or proprietary information to EDpaX through this Site. Except for personal information about you, any information you do send to EDpaX through this Site will be deemed NOT to be confidential ("Non-Confidential Information"). For any Non-Confidential Information you do send, you hereby grant to EDpaX a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, distribute and sublicence any and all material or information submitted by you to this Site and/or to incorporate it in other works regardless of form, medium or technology.
Software downloads are not returnable after download. All purchases of our digital products are final, which is made known to you at time of purchase. Once you purchase a download product and we make it available to you, you are responsible for downloading it and confirming your ability to access the program, and bear all risk of loss thereafter, including any loss due to a computer or hard drive malfunction.
Software Physical Goods (disks) are returnable after receipt in accordance with our physical goods returns policy as set out in clause 3.
Physical Goods (books) are returnable after receipt in accordance with our physical goods returns policy as set out in clause 3.
ALL CONTENT AND SERVICES PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT. NEITHER EDPAX, THEIR AFFILIATES AND RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THOSE EXCLUSIONS MAY NOT APPLY TO YOU.
1.14 Limit of Liability
IN NO EVENT SHALL EDpaX, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AFFILIATES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR YOUR ACCESSING OF THIS SITE OR UNDER OR RELATED TO THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, RELIANCE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF EXPECTED SAVINGS, OR ANY OTHER NON-DIRECT DAMAGES HOWSOEVER CAUSED WHETHER OR NOT EDPAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THEIR COLLECTIVE MAXIMUM LIABILITY TO YOU UNDER OR RELATED TO THIS AGREEMENT SHALL IN NO EVENT EXCEED TWENTY POUNDS STERLING (£20). THE LIMITATIONS OF LIABILITY AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF CONTRACT OR THE FAILURE OF AN EXCLUSIVE REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, EDpaX’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless EDpaX, and their respective directors, officers, partners, employees, representatives, contractors, affiliates, successors or assigns, including all third parties mentioned at this Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this Site and the Content or your breach of these Terms and Conditions or in connection with your use of the Services.
1.16 Governing Law
This agreement and any dispute or claim arising out of or in connection with it or its 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.
The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
2.1 Orders for Software
2.1.1 To place an Order with us, you must be at least 16 years of age and intend to use the Software for educational purposes.
2.1.2 Each Order submitted by you to us constitutes an offer by you to purchase the Software specified in the Order and is subject to these Terms and Conditions. If we accept your Order, digital or physical goods, we will confirm acceptance to you by email to the email address provided by you when you place your Order. Until a confirmation of the Order is issued by us, we will be under no obligation to you and no Contract will be deemed to have been formed. To avoid doubt, we shall be entitled to refuse any Order placed by you.
2.1.3 These Terms and Conditions shall constitute (with the Order) the whole Contract between us and you to the exclusion of any other terms and conditions (including but not limited to any terms attached to a purchase order). Contracts may not be modified or varied unless specifically accepted by us in writing.
2.1.4 We attempt to be as accurate as possible. However, statements, descriptions, photographs, diagrams or specifications concerning the Software which are made by or given on our behalf are for the purpose of information and guidance only and we do not warrant that these will be accurate, complete, current or error-free. If the Software or books offered by us are not as described please refer to the Returns Policy in Clause 3 for more details. This does not affect your statutory rights.
2.1.5 Subject to the Returns Policy, no Order which has been accepted by us can be cancelled by you except with our written consent.
2.1.6 The use of any Software ordered through our website is strictly subject to the terms and conditions of the End User Licence Agreements.
2.2 Price and Payment
2.2.1 You must pay by credit or debit card at the time of your Order or by purchase order in accordance with the form prescribed in this Clause, 2.2. You undertake that all details you provide to us for the purpose of purchasing the Software will be correct. If you are using a credit or debit card, you also undertake that the credit or debit card which you use is your own (or if someone else's, that you have his/her express permission to use it). If you are using a corporate credit or debit card, you undertake that you are duly authorised to use it. In addition, you undertake that there are sufficient funds or credit facilities to cover the cost of your Order. Orders made by purchase order are to be submitted on headed notepaper and must clearly specify the item(s) ordered, the quantity required and the price of such item(s). The purchase order must also be signed by an authorised signatory of the school, Educational Authority, other educational establishment or organization placing the order. If you have any queries about ordering by purchase order, you can email us at info@edpaX.com.
2.2.2 Payment shall be made subject to the Conditions of this Contract and, if you are paying by credit or debit card, additionally the terms and conditions stipulated by our payment provider, Sage Pay. Sage Pay's terms and conditions can be viewed by following http://www.sagepay.com/terms_conditions.
2.2.3 The Price of any Software is the price in force at the date and time of your Order. We may change the price of any Software before you place an Order. We try to ensure that our prices displayed on our Website are accurate at all times, but the price on your Order will require to be validated by us as part of the acceptance procedure (see Clause 2.1.2).
2.2.4 The Prices displayed on the receipt will be inclusive of delivery costs, VAT and all other applicable taxes and charges (subject to any applicable re-delivery charges under Clauses 3.0).
3.1 How to Return Physical Goods (disks)
EDpaX accepts returns within 14 days of receipt.
If you need to return a purchase to us please post to:
EDpaX International Ltd
38 Queen Street
3.2 Condition of Physical Goods
Returned goods must be adequately and safely packaged in the original packaging. This packaging should be pristine - unmarked and undamaged.
3.3 Reasons for Return
- Defective product - on arrival - Should a product be defective on arrival please contact us within 14 days of delivery.
- Damaged goods - If you receive an item that is damaged you should contact us immediately. This does not cover faults caused by customer neglect, misuse or incorrect installation.
- Incorrect or missing goods - Please notify us within 5 days of delivery if you have received an item you didn't order or any parts are missing.
- Refunds are given at the discretion of company management.
3.4 No Return of Digital Goods
Software downloads are not returnable after download. All purchases of our digital products are final, which is made known to you at time of purchase. If you are unable to complete a download or access an Application, please contact EDpaX customer service on: +44 0845 475 2289, or email firstname.lastname@example.org , or complete the contact form, for assistance.
4.0 Delivery Policy
4.1 Delivery Options
Dependent on your order you will either:
4.1.1 Receive an email within 3 days, but usually within 30 minutes, of your purchase which contains a link to your digital download. It is your responsibility to use this link to obtain your purchased software. EDpaX is not responsible for non-delivery of emails due to the purchaser’s network issues or an incorrect email address being provided at the time of purchase.
4.1.2 We will deliver the Software Physical Goods (disks and books) ordered by you, following receipt of payment in full, to the address you give us for delivery at the time you make your order and by whatever means we reasonably consider appropriate but normally by first class post. You will become the owner of the physical copy of the Software supplied when it has been delivered to you. Once the Software has been delivered to you it will be held at your own risk and we will not be liable for its loss or destruction. We reserve the right to make an extra charge for re-delivery if you are not available to accept the Software when delivered to you.
4.1.3 Software Physical Goods (disks and books) purchased by Purchase Order will be delivered to you and are payable 30 days from date of invoice.
We will use our reasonable endeavours to deliver the Software by any estimated delivery date or within any estimated delivery period, but time for delivery will not be of the essence of the Contract and we will not be liable for any failure to deliver by such date or within such period.
5.1 Use of information
EDpaX will not collect any information about individuals, except where it is specifically and knowingly provided by them. Examples of such information are:
- Your name
- Your mobile telephone number
- Your email address
- Your occupation
- Your school
The information collected will be used to send you the information you have requested and to provide information that may be useful to you. EDpaX maintains strict policies to avoid unsolicited correspondence. We may share non- personal aggregate statistics (group) data about our site visitors' traffic patterns with partners or other parties. However, we do not sell or share any information about individual users.
5.3 Computer profile information
The EDpaX website automatically detects information relating to the display properties of your computer. This information is collected in order to help understand the ways through which people access the site. This could help us in the future to better support different platforms such as, for example, mobile telephones and personal digital assistants (PDAs).
5.4 Data protection
Any information submitted to this site is used expressly for the use of EDpaX and the purposes for which you provide it. EDpaX will not pass your information to any other parties unless this is made clear to you.
5.5 Your rights
In addition to the company's safeguards, your personal data is protected in the UK by the Data Protection Act 1998. This dictates, amongst other things, that the data we hold about you should be processed lawfully and fairly. It should be accurate, relevant and not excessive. The information should be kept up to date, where necessary, and not retained for longer than is necessary. It should be kept securely to prevent unauthorised access by other people. If you have concerns about the processing of your personal data by EDpaX you may contact us on info@EDpaX.com. If you find any inaccuracies, we will delete or correct them promptly.
5.6 Policy changes
Any changes to this policy will be posted here. If we make any substantial changes we will use reasonable endeavours to notify you by posting a prominent announcement on our web pages.
EDpaX treats all the data held with the utmost care and security. Any details you give will remain completely confidential and are protected against loss, damage, misuse or unauthorised alteration.
5.8 Service interruption
EDpaX shall have no liability to you for any interruption or delay in access to this site irrespective of the cause.
5.9 Questions or Suggestions
If you have any questions or suggestions regarding this policy or believe we are not properly adhering to it, please contact us either by e-mail at email@example.com or by post to the following address: EDpaX International Ltd, 38 Queen Street, GLASGOW, G1 3DX, United Kingdom.
6.1 What are cookies?
Cookies are text files containing small amounts of information which are downloaded to your device when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognises that cookie. Cookies are useful because they allow a website to recognise a user’s device. You can find more information about cookies at www.allaboutcookies.org and www.youronlinechoices.eu. For a video about cookies visit https://www.google.com/policies/technologies/cookies/
Cookies do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improve the user experience. They can also help to ensure that adverts you see online are more relevant to you and your interests. The cookies used on this website have been categorised based on the categories found in the International Chamber of Commerce UK Cookie guide. A list of all the cookies used on this website by category is set out below.
6.2.1 Category 1: strictly necessary cookies
These cookies are essential in order to enable you to move around the website and use its features, such as accessing secure areas of the website. Without these cookies services you have asked for, like shopping baskets or e-billing, cannot be provided.
sessionid - A random value that lets our website remember who you are when you register or login.
6.2.2 Category 2: performance cookies
These cookies collect information about how visitors use a website, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies don’t collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how a website works.
6.3 Can I use this website without cookies?
By using our website, you consent to cookies being stored by us and our providers.
Should you really not wish to allow cookies, you can configure your browser to reject cookies set by us or our providers. The aboutcookies.org website provides more information about how to block cookies and/or remove existing cookies. Please note that disabling cookies may prevent some parts of our website working correctly for you.