Make Your Website Sell

Terms & Conditions

Please read this carefully because it sets out the terms of a legally binding agreement between you and Morgan Wylie (MW) t/a Make Your Website Sell VIP Golden Circle (VIPGC).

These are the terms and conditions on which you may use the VIPGC website.  These terms apply to your use of VIPGC and all content irrespective of the delivery platform or device you use to access it. By accessing VIPGC you are agreeing to these terms and conditions. If you use VIPGC in the course of your business or work, you are also agreeing to these terms and conditions on behalf of that business. We only make these terms and conditions available in the English language.

If you do not agree with the terms and conditions (or are not authorised to do so on behalf of your business or work) you should not use VIPGC or any content and should cancel any subscription in accordance with your cancellation rights (see below).

Except where we state otherwise, references in these terms and conditions to ”MW” (or ”we”, ”us” or ”our”) refer to the company operating the VIPGC.

1. Introduction

MW may update these terms and conditions for legal or regulatory reasons, or to reflect changes in our services or business practices. If you are a VIPGC subscriber, any changes will become effective from the date of your next payment following the change unless we notify you otherwise. If you are not a VIPGC subscriber, any changes will become effective as soon as we notify you of them.

2. Access and Use

Unless you are a registered user you may not be permitted to view any content.  As specified in the “Restrictions on Use” section below you may not republish or redistribute full text articles.

Permitted Use: All content belongs to MW or its licensors who own all intellectual property rights (including copyright and database rights) in the VIPGC and any selection or arrangement. No intellectual property rights in any content are transferred to you.

MW notifies you that if it believes you are creating, republishing or redistributing summaries outside of these parameters, you shall immediately cease doing so and your rights to create summaries shall be regarded as having been withdrawn, unless/until MW reaches an agreement with you regarding your use of MW articles.

Restrictions on Use: You cannot use the VIPGC for any unlawful purpose. By way of example only, this means that you cannot:

• copy, publish, republish or redistribute, communicate or disseminate to third parties outside your business full text articles, photographs, graphics, tables or images in any way.
• archive or store any of the content for access by anyone other than yourself or persons in your business.
• create derivative works from the content.
• remove the copyright or trade mark notice from any copies of the content made under these terms and conditions.
• create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and storing all or any of the content (by spidering or otherwise).
• frame, harvest or scrape the content or otherwise access the content for similar purposes.
• use or attempt to use the content outside the parameters we set depending on what subscription you have.

3. Privacy Policy and Registration

All information received by you from your use of the VIPGC will be used by MW in accordance with our Privacy Policy. Please read this for details of how we may process your personal data.

On registration, you must provide MW with accurate, complete registration information and it is your responsibility to update and maintain changes to that information on the applicable VIPGC registration or subscription pages or by emailing us at contact@makeyourwebsitesell-vip.co.uk. MW is entitled to rely on any information you provide to us.

Each registration is for a single user only. On registration, you will choose a user name and password (”ID”). You may not create additional registration or subscription accounts for the benefit of others or with the aim of avoiding our use of IDs to control access to and use of the VIPGC.

You are responsible for all use of the VIPGC made by you or anyone else using your ID and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information, you must notify MW immediately by e-mailing us at contact@makeyourwebsitesell-vip.co.uk. We recommend that you do not select an obvious user password (such as your name).

If you provide MW with an email address that will result in any messages MW may send you being sent to you via a network or device operated or owned by a third party (e.g. your employer or college) then you promise that you are entitled to receive those messages. You also agree that MW may stop sending messages to you without notifying you.

4. Third Party Sites and Services

The VIPGC may contain links to other Internet websites or online and mobile services provided by independent third parties, (what we call ”Third Party Sites”), either directly or through frames. Third Party Sites may be co-branded with MW and so include MW’s trademarks.

It is your decision whether you purchase or use any third party products or services made available on or via Third Party Sites and you should read Section 6 below carefully. Our Privacy Policy does not apply to Third Party Sites.

Copyright in any software that is made available for download from the VIPGC belongs to MW or its suppliers. Your use of the software is governed by the terms of any licence agreement that may accompany or be included with the software. Do not install or use any of this software unless you agree to such licence agreement. MW is not responsible for any technical or other issues that may happen if you download third party software.

5. Our Responsibilities To You

A summary of what this section means: this section is important and you should read it carefully. It makes clear to what extent, if any, MW accepts responsibility (liability) to you for your use of the VIPGC or the content or in respect of any third party products or services that we refer to or link to on the VIPGC. Unless you are a subscriber to the VIPGC we accept no financial responsibility to you arising from your use of the VIPGC or the content. If you are a subscriber to the VIPGC we limit our financial responsibility to you arising from your use of the VIPGC or the content to the price you paid for your subscription. In no circumstances do we accept responsibility for your use of Third Party Sites or in respect of any Third Party Products. By Third Party Sites we mean websites, online or mobile services provided by third parties. By Third Party Products we mean products or services provided by third parties. Although this means that we accept very little in the way of financial responsibility for your use of the VIPGC and the content, we think this is fair on the basis that you can view certain content and services free-of-charge, and the cost of a subscription for additional access rights is relatively inexpensive. It is not commercially possible for us to accept more responsibility for your use of the VIPGC than set out in this Section 6 taking into account that we permit you to use the VIPGC for relatively inexpensive cost.

Limitations of content: the content (including any information we publish regarding Third Party Products) is only for your general information purposes and is not intended to address your particular requirements. In particular, the content, including any other content provided by third parties and distributed by the VIPGC, does not constitute any form of advice, recommendation, representation, endorsement or arrangement by MW. It is not intended to be and should not be relied upon by users in making (or refraining from making) any specific investment, purchase, sale or other decisions. Appropriate independent advice should be obtained before making any such decision. Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) the VIPGC are at your own responsibility and entered into at your own risk.

What we promise: MW will try to develop and operate the VIPGC with reasonable skill and care and will use reasonable efforts to promptly remedy any faults of which it is aware. This is the only promise we make in relation to our provision of the VIPGC.

What we do not promise: the VIPGC and the content are provided on an “as is” and “as available” basis. This means that MW does not make any promises in respect of the VIPGC or the services and functions available on or through the VIPGC or of the quality, completeness or accuracy of the information published on or linked to from the VIPGC. To the fullest extent allowed by applicable law, MW disclaims all warranties, representations, conditions and duties (except any duties of good faith) of any kind, including without limitation, any warranties of satisfactory quality, merchantability or of fitness for a particular purpose. MW also does not make any promises as to the timeliness, security, performance or availability of the VIPGC and does not provide any warranty or representation that the VIPGC is free from infection by viruses or anything else that has contaminating or destructive properties.

The above disclaimers apply equally to your use of VIPGC and all content. Without limiting the above, MW is not liable for matters beyond its reasonable control. MW does not control third party communications networks (including your internet service provider), the internet, acts of god or the acts of third parties.

Our financial responsibility to you: you agree that if we are in breach of these terms and conditions, we will only be responsible to you for any damages that you incur arising out of your use of the VIPGC or the content (to the extent that MW’s liability is not otherwise excluded by this section as follows:

• If you incur any loss as a result of using VIPGC or any content outside the scope of these terms and conditions, MW accepts no responsibility (liability) to you for this.
• If you have paid for a subscription then MW accepts responsibility (liability) to you for any direct damages you actually incur arising out of your use of VIPGC or the content in accordance with these terms and conditions, subject to a limit equal to the price paid by you to MW for your subscription for 1 month in which you incur the damage. You may at your option receive a renewal to your subscription free-of-charge at the point of renewal in place of monetary damages.
• If you have not paid for a subscription then MW accepts no responsibility (liability) to you for any loss or damage you may incur as a result of your use of the VIPGC or the content in accordance with these terms and conditions.

   
The limitations of liability in this section apply for the benefit of MW, its affiliates, including those listed in the following section and all of their respective officers, directors, employees, agents, successors and assigns.

To the full extent permitted by law you acknowledge and agree that our third party content and data suppliers have no liability whatsoever to you in respect of any of their data supplied to you as part of the content.

You also agree to waive, to the full extent permitted by law, any right you may have to bring legal claim against such third parties arising from your use of their content or data on any MW service.

6. Subscription Services

Contract formation: MW will try to process your subscription promptly but does not guarantee that your subscription will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to us to buy a subscription. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment details and email address, at which point we will provide you with access to your subscription. MW reserves the right to reject any offer in its discretion, for any or no reason.

Payment details: when you subscribe you must provide us with complete and accurate payment information. By submitting payment details you promise that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to your subscription and may in suspicious circumstances contact the issuing bank/payment provider and/or law enforcement authorities/other appropriate third parties. If you are entitled to a refund under these terms and conditions we will credit that refund to the card or other payment method you used to submit payment, unless it has expired in which case we will contact you. If you buy a subscription using a corporate credit card than we will treat your subscription as being for the benefit of both you and the relevant company.

Pricing: the subscription price will be made clear to you on our sign-up pages or otherwise during the sign-up process and may vary from time to time or by country. You agree to pay the fees at the rates notified to you at the time you take out your subscription. MW will charge you in British Pounds Sterling. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. We will always tell you in advance of any increase in the price of your subscription and offer you an opportunity to cancel it if you do not wish to pay the new price.

Pricing errors: if we incorrectly state a price to you whether online or otherwise, we are not obliged to provide you with a subscription at that price, even if we have mistakenly accepted your offer to buy a subscription at that price, and reserve the right to subsequently notify you of any pricing error. If we do this, you may cancel the subscription without any obligation to us and we will refund you any money you have paid us in full or you may pay the correct price. If you refuse to exercise either of these choices then we may cancel your subscription and will refund you any money you have paid us in full. We will always act in good faith in determining whether a genuine pricing error has occurred.

Other costs: in addition to any subscription fees you pay, you are responsible for paying any internet connection or other telecommunications charges that you may incur by accessing the VIPGC or using the services available on it. For example, if you use any of our mobile services then your network operator may charge you for data or messaging services.

Trials: we may from time to time and at our discretion make a trial available to users, in which case we will only charge you for your subscription with effect from the expiry of the trial period. No more than one trial per subscriber is allowed in any twelve month period.

Renewals: your subscription will continue until you tell us that you no longer wish to receive it, in which case you will stop paying the monthly fees. Please see the “Cancellations by you” section below for details of how to cancel your monthly subscription. We will charge the subscription using the same card or other payment method that you previously used. We will notify you in advance of any changes to the price in your subscription that will apply upon renewal.

Cancellations by you and refunds: unless you cancel your subscription before we have started providing any part of it to you (in which case we will provide you with a full refund), then you agree that once we have started providing any part of your subscription to you, you do not have any right to cancel your subscription or any part of it until the end of your then current subscription period. This means that you are not entitled to a refund once we have started providing any part of your subscription to you, except in the very limited circumstances which are referred to in these terms and conditions. Although you may notify us of your intention to cancel at any time, such notice will only take effect at the end of your then current subscription period. You may notify us of your wish to cancel your subscription by contacting membership@makeyourwebsitesell-vip.co.uk. You must provide at least 5 business days advance notice for this to be implemented.

Cancellations by us: MW reserves the right to suspend or terminate your subscription if you breach these terms and conditions, with or without notice and without further obligation to you. You will not be entitled to any refund in these circumstances. If however we terminate or suspend your subscription for any other reason and/or permanently cease publishing the VIPGC, the content or cease to provide subscription services then, unless there are exceptional circumstances, we will provide you with a pro rata refund to your credit card, which means that we will refund you with any amounts that you have paid us in advance that relate to any remaining and unexpired period of your subscription.

These terms and conditions apply for the benefit for any or all of the above entities who may rely on them and/or enforce them in their own right.

7. Choice of Law and Jurisdiction

These terms and conditions will be subject to English law. In this case, to the extent possible in the applicable jurisdiction, both you and we agree that the courts of England will (subject to the final paragraph in this Section) have non-exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions.

For the exclusive benefit of MW and to the extent possible in the applicable jurisdiction, MW will retain the right to bring or enforce proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms and conditions are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these terms and conditions or (if different) the country of your principal place of business.

8. General

You may not license or transfer any of your rights under these terms and conditions. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which will remain in full force and effect.

Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.

Any payment information you send to us over the Internet is encrypted using 128 bit Secure Socket Layer technology. SSL is currently the preferred method to securely transfer credit card data over the Internet.