TERMS AND CONDITIONS OF USE OF www.wisebadger.com, www.wise-badger.com AND OF www.wisebadger.co.uk .
Your access to and use of this website ("the Website") is subject exclusively to these Terms and Conditions. In these Terms and Conditions "you" means the individual using the WiseBadger services and "WiseBadger" means Wise Badger Ltd except where the relevant service is provided by another Wise Badger group company in which case references to WiseBadger shall, in respect of the services provided by such other Wise Badger group company, be references to that Wise Badger group company. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
WiseBadger reserves the right to:
You are provided with access to the Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
You warrant that:
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content, practices, or availability of any such sites.
We will take reasonable care, so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence upon our part we cannot be held liable for any loss you may suffer if a third party gains unauthorised access to any data you provide when ordering or accessing this Website.
For orders that are to be shipped outside of the European Union we do not charge any sales tax or value added tax. Although for such orders we do not apply any tax it is advisable to check that the country or state to be shipped to does not apply any duty, fees, or taxes to imported orders. This is most likely to apply to very large or high value orders. Wise Badger cannot be held responsible for any import duty, fees or taxes that may be applied to your order.
For orders shipped within the European Union we do have to charge Value Added Tax so if your order is to be shipped to an address in the European Union then our prices are inclusive of this tax.
The steps required to create a contract between you and WiseBadger are:
The Distance Selling Regulations mean that except in the case of Digital Patterns you are entitled to cancel your order so long as you notify WiseBadger no later than 14 days after the day you received the Products. Such cancellation should be in accordance with the instructions in our Returns & Cancellation Policy detailed on the Website.
This section details the special conditions that apply to Digital Download PDF Patterns (Digital Patterns)
You agree that the Digital Patterns are provided to you by way of a license only and reproduction of the Digital Pattern is protected by copyright.
You shall be authorised to use Digital Patterns only for personal, non-commercial use. The delivery of Digital Patterns does not transfer to you any commercial or promotional use rights in the Digital Patterns and you may not copy, distribute, modify, or use the Digital Pattern in any way other than its intended use.
Digital Patterns may be downloaded up to 3 times and cannot be replaced if lost for any reason; it is your responsibility not to lose, destroy, or damage the Digital Pattern once downloaded.
Once the Digital Pattern is made available to you, you may not cancel your order and the Digital Pattern is non-returnable.
At the time of Ordering and prior to downloading you will be prompted to acknowledge that these Terms and Conditions apply and by accepting and acknowledging these Terms you shall lose your rights to cancel the order for such Digital Patterns.
It is your responsibility to download the Digital Pattern within 30 days of Ordering and to check for any faults within this period. After this time refunds shall not be given in any circumstances.
In the case of a fault you must contact us within 30 days of ordering by email to email@example.com.
All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to WiseBadger or otherwise used by WiseBadger as permitted by law.
The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, WiseBadger will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
WiseBadger makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of WiseBadger for death or personal injury as a result of the negligence of WiseBadger or that of its employees or agents.
You agree to indemnify and hold WiseBadger and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against WiseBadger arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.