Terms & Conditions
e-gadget factory Products
By registering as a free trial customer of e-gadget factory Products, you are confirming your agreement and acceptance of the following terms and conditions.
A confirmation of your registration will be provided to the contact identified in the online form, or to the registrant for online or telephone registration.
Once access is established, notification will be provided to the contact identified in the online registration form or the registrant via fax, e-mail or telephone.
General terms and conditions:
The following general terms and conditions apply for orders from the Customer and shall apply exclusively to the current version of the e-Content Product or Products at the time of order. The Customer assents to these terms and conditions by using the products licensed hereunder.
- Definitions
"Customer" means the organisation whose staff or students are licensed to trial the e-Content Products hereunder.
"e-Content Products" means any e-learning content or other information provided under this licence. For example, e-learning courses, images, animations, graphics, assessment related materials and tools.
"e-Content Products Registrant" means employees of the Customer who are licensed under these terms and conditions for e-Content Products.
"The e-gadget factory" is a brand name of Lancashire Digital Limited. Any agreement with or reference to the e-gadget factory is to be interpreted as an agreement with or reference to Lancashire Digital Limited.
- Download and access
Access to e-gadget factory Products may be by a variety of options such as the e-gadget factory website, delivery on CD-ROM or other electronic means.
Online e-Content Product participants must have an appropriate user ID to gain access, and all names must be provided to the e-gadget factory as needed.
Delivery shall be considered to be complete when the e-gadget factory provides the Customer confirmation of access by fax or e-mail ("Delivery").
The Customer shall check the e-Content Products for completeness and notify the e-gadget factory immediately in the event the e-Content Product is incomplete.
If the Customer experiences difficulty in accessing the e-Content Product, contact must be made with the e-gadget factory immediately.
- Intellectual property
Every person using e-Content Products Material or e-gadget factory Software must be licensed under these terms and conditions for accessing, downloading, or using the e-Content Products or e-gadget factory Software.
Employees and others who have access to the e-Content Products or e-gadget factory Software must be informed of the e-gadget factory's copyright and rights of authorship and their duty to conform to the copyright laws.
The Customer shall carefully safeguard the e-Content Products that have been made available to the Customer or e-Content Products Registrants, to prevent their misuse.
The Customer is permitted to use the e-Content Products and the e-gadget factory Software only for its own internal purposes and only for those who have licensed the e-Content Products.
Customers cannot make any e-gadget factory Product available to their feeder institutions or to educational or commercial partners.
The Customer acknowledges that the e-gadget factory shall be entitled to seek injunctive relief for any breach of this agreement by Customer from which irreparable harm would ensue.
The Customer acknowledges that it is illegal and a violation of this licence agreement to copy or distribute e-Content Products, the e-gadget factory Software download/online products, links or passwords among non-licensed persons.
In the event that the Customer breaches any provision of this agreement and fails to cure such breach within ten (10) days after receipt of written notice from the e-gadget factory, the e-gadget factory shall have the right to immediately terminate this agreement and Customer's licence to use the products licensed hereunder. Upon any such termination, the Customer shall immediately cease use of such products, delete and destroy any tangible or electronic embodiments of such information in its possession, and certify in writing to The e-gadget factory that the foregoing has been completed.
- Return orders Customer shall have no right to return documentation provided for view or downloading.
- Updating and support of content
The e-gadget factory reserves the right to change the e-Content Products from time to time due to obsolescence or to correct known issues with the product. The e-Content Products may be updated with new products or new solution releases. The Customer's licence is provided for the e-Content Product in effect at the time of order placement. The Customer is not entitled to any future product releases but can elect to repurchase the new product for an additional fee.
The e-Content Products do not include access to development systems or source code.
- Reservation of title
Delivered e-gadget factory Software and e-Content Products remain the property of the e-gadget factory and all title to the e-gadget factory Software and e-Content Products content remain with the e-gadget factory. The Customer only receives a licence to use the e-Content Products pursuant to the terms hereof.
- Defects, warranty, and liability
The e-gadget factory does not warrant the accuracy or completeness of e-Content Products, any links or the information, text, graphics, links, or other items contained within e-Content Products.
The e-gadget factory AND ITS LICENSORS DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EXCEPT TO THE EXTENT THAT ANY WARRANTIES IMPLIED BY LAW CANNOT BE VALIDLY WAIVED.
The e-gadget factory assumes no responsibility for errors or omissions in the e-Content Products. It is the Customer's duty to verify such information.
The e-gadget factory SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR OTHER FINANCIAL LOSS, THAT MAY RESULT FROM THE USE OF THE e-Content Products. IN NO EVENT SHALL THE E-GADGET FACTORY'S LIABILITY TO CUSTOMER OR ANY OTHER PARTY EXCEED, IN THE AGGREGATE, THE FEES PAID FOR THE USE OF THE e-Content Products.
Where the e-gadget factory's liability is excluded or limited, this also applies to the personal liability of employees, representatives, and people performing duties on The e-gadget factory's behalf.
With respect to material defects in the e-Content Products, and as Customer's sole remedy for any material defect in the e-Content Products, the e-gadget factory in its sole judgment, may decide to eliminate such material defects or make a replacement delivery or, by indicating a reasonably acceptable way to avoid the impact of such material defect.
All claims against the e-gadget factory are barred after a period of one year from the date the claim arose.
- Data protection and privacy
The e-gadget factory uses secure technologies to protect Customers' personal data.
The e-gadget factory abides by the data protection Act and is in the process of applying for Data Protection registration.
The Customer agrees to the collection, processing, and use of its personal data to the extent necessary for processing the order.
The e-gadget factory may use Customers' postal and e-mail addresses for promotions (for example, invitations to events, product news, and registration in the e-gadget factory's customer database).
However, the e-gadget factory uses opt-in procedures for its promotions where the receiver expressly agrees in advance to receive information. In any case, the e-gadget factory allows the recipient to opt out of a mailing list at any time.
However customers registering for free trials agree that the e-gadget factory has permission to contact the customer by email, telephone or fax to discuss potential purchase of e-gadget products.
- Applicable law and place of jurisdiction
The applicable law and place of jurisdiction stated in the e-gadget factory and Customer's end-user licence agreement shall govern. In the event no licence agreement exists, the country location of the e-gadget factory office providing this licence shall be the applicable law and place of jurisdiction.
- Entire agreement
These general terms and conditions, along with any payment terms and licence term contained in an order form for the e-Content Products Materials, constitute the e-gadget factory's and the Customer's entire and complete agreement concerning the subject matter hereof.
