Terms and Conditions of Website and of Sale
In General
Shelley Ann Vernon owns and operates TeachingEnglishGames.com. This document governs your relationship with TeachingEnglishGames.com. Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website may contain links to other websites (the “Linked Sites”), which are not operated by TeachingEnglishGames.com. TeachingEnglishGames.com has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
Privacy
By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate. We keep your data 100% private and use it only to send you emails you request, or products that you purchase. We use Google Analytics to see what pages people visit and how long they stay on a given page. This helps us improve the website. Our full privacy policy, which describes this in full legal jargon, can be found here.
Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and TeachingEnglishGames.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of TeachingEnglishGames.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by TeachingEnglishGames.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from emails getting lost in Cyberspace, postal delays for Songs CDs, or force majeure for which we will not be responsible. If you do not receive your order within ten minutes, please email Shelley – via the contact page and alert us, so we can send your order manually.
In order to contract with TeachingEnglishGames.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. TeachingEnglishGames.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
(c) Payment
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law TeachingEnglishGames.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect TeachingEnglishGames.com liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with TeachingEnglishGames.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to [TeachingEnglishGames.com.
Indemnity
You agree to indemnify, defend and hold harmless TeachingEnglishGames.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Variation
TeachingEnglishGames.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. I am here to help you with anything, please feel free to contact me via the website.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and TeachingEnglishGames.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of TeachingEnglishGames.com.
Customer Service
Shelley Ann Vernon is hear to help you make using your resources a success. Feel free to email me anytime and ask for help! Visit the website contact page to get in touch.
What happens if you lose your downloads?
When you order you have a whole month to complete downloading. After that time the access codes will no longer be valid. You are strongly encouraged to download everything and make a back up, or two. You never know when your computer will crash on you, or your hard drive become corrupted. Someone may steal your computer! Your back up might become corrupted – it does happen unfortunately, and that’s why it’s a good idea to have TWO back ups.
Well the good news is that if you do lose your downloads you may access them again for a small administration fee. Contact Shelley for details since this fee depends on how many new access codes you need.
Your Order and Agreement
You have completed an online order and verification screen (“Order Form”) at the Teaching English Games website for an Teaching English Games publication (“Teaching English Games Publication”). In order to complete your purchase, you must (1) read these Terms and Conditions, and (2) submit your order at the bottom of the Order Form. Once you do so, these Terms and Conditions are a binding agreement between you and Shelley Vernon, doing business as “Teaching English games” and “Home English Teacher”.
Purchase and Payment
Under this Agreement, Teaching English Games agrees to provide to you, and you agree to purchase from Teaching English Games, the Teaching English Games Publication described in your Order Form. You also agree to pay the purchase price shown on the Teaching English Games website for the Teaching English Games Publication that you have ordered.
Teaching English Games Materials.
Teaching English Games Publications and any newsletters and other materials that you may receive from Teaching English Games as part of an Teaching English Games Service (collectively, “Teaching English Games Materials”) are the exclusive property of Teaching English Games and are protected by copyright and other applicable laws. The Teaching English Games Materials are for your own personal use, and you cannot copy any portion of the Teaching English Games Materials without the written permission of Teaching English Games or distribute additional copies of Teaching English Games Materials to others.
Discounts.
Teaching English Games may offer you various discounts, savings and other benefits on other products or services of Teaching English Games or its affiliates in connection with your purchase of Teaching English Games Publications. Teaching English Games does not guarantee the availability of particular discounts, savings or other benefits on specific products or services, and any discounts, savings or benefits are subject to change, time limits and conditions as may be determined by Teaching English Games in its discretion from time to time.
Success of Your Endeavours.
Teaching English Games Publications and Teaching English Games Materials (collectively, “Teaching English Games Products”) are provided for informational purposes only, and what you derive from your use of Teaching English Games Products depends upon your commitment to and effort in applying the information to your business. Teaching English Games does not represent, warrant or guarantee that you will achieve any particular results in your business as a result of your purchase and use of Teaching English Games Products. You acknowledge that the success of your teaching depends on the quality of your skills and effort in connection with your teaching and external factors such as the general economy.
Guarantee.
Teaching English Games may offer a time-limited, money-back guarantee on some Teaching English Games Publications. If there is a guarantee applicable to the Teaching English Games Publication that you have purchased, that guarantee is as set out on the applicable product page of the Teaching English Games website at the time you purchased the Teaching English Games Publication (the “Guarantee”). If during the time-limited period of your Guarantee period you are not satisfied with the Teaching English Games Publication or Teaching English Games Material you purchased, Teaching English Games will refund the purchase price to you. This is your sole and exclusive remedy against Teaching English Games and Teaching English Games’s sole and exclusive liability and obligation to you in connection with your purchase of any Teaching English Games Publication or anything arising out of or relating to that purchase or this Agreement.
Exclusion/Limitation Of Liability.
Notwithstanding any other provision of this Agreement, and to the maximum extent permitted by applicable law: (a) Teaching English Games’s liability (if any) under this Agreement or otherwise is limited to the purchase price paid by you for the Teaching English Games Products, and in no event will Teaching English Games be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage, arising from, connected with, or relating to this Agreement, the subject matter of this Agreement, any Teaching English Games Product or otherwise, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including fundamental breach or gross negligence) by Teaching English Games or any person for whom Teaching English Games is responsible, and even if Teaching English Games has been advised of the possibility of such potential loss or damage being incurred; and (b) in no event will Teaching English Games’s total aggregate liability to You or any other person under this Agreement or otherwise, under any contract, negligence, strict liability or other legal or equitable theory, regardless of any negligence or other fault or wrongdoing (including fundamental breach or gross negligence) by Teaching English Games or any person for whom Teaching English Games is responsible, and even if Teaching English Games has been advised of the possibility of such potential loss or damage being incurred, exceed the purchase price paid by You to Teaching English Games for the Materials. In this paragraph, “Teaching English Games” includes Teaching English Games and its past, present and future directors, officers, employees, agents, representatives, subcontractors, service providers, successors, permitted assigns, and related persons.
Governing Law and Disputes.
This Agreement and all related matters will be governed by and interpreted in accordance with the laws of the country of France applicable therein without regard to conflict of laws rules. All disputes relating to this Agreement shall be resolved before the Courts in France, sitting in Lyon, and you hereby irrevocably submit to the jurisdiction of the courts of France and waive any objection that you may now or hereafter have based on inconvenient forum for such proceedings. The United Nations Convention on the International Sale of Goods will not apply to this Agreement.
Other Rights.
The exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to you.
Miscellaneous.
You represent that you are of legal age to enter into binding contracts under the laws of the jurisdiction where you reside. If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of any such severance this Agreement would fail in its essential purpose. This Agreement will enure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, personal representatives, successors and assigns. This Agreement sets forth the entire agreement and understanding of you and Teaching English Games with respect to the subject matter of this Agreement and supersedes any and all previous communications, representations, negotiations, discussions, agreements or understanding, whether oral or written, between you and Teaching English Games with respect to the subject matter of this Agreement. All amounts are stated in U.S. dollars, euros and British pounds. Purchase prices are inclusive of shipping and handling where shipping is required. Purchase prices are inclusive of VAT. Purchase prices are exclusive any other applicable taxes, customs or duties.