1. General
inanutshell.biz is a trade mark, which you cannot use, reproduce or otherwise display without our prior written permission. It is owned by Simdon Limited.
CleverDocs TM is a trade mark, which you cannot use, reproduce or otherwise display without the prior written permission of CleverDocs.
These are the terms and conditions ("Terms") which apply to your access to and use of the inanutshell.biz website ("Website") and the purchase and/or download, including any subsequent use, of documents and/or of any information contained or provided on the Website.
All documents are general templates designed for use only in England and Wales and may not be suitable for or otherwise be modified to apply to any other jurisdiction. These documents and/or information do not constitute, or otherwise imply or infer that we provide, legal or professional advice.
2. Acceptance of Terms
Any access to and use of the Website constitutes your acceptance, without modification, to the terms, conditions, warranties and disclaimers contained in these Terms. If you do not accept these Terms then you should leave the Website immediately and must not browse, use or view any of the documents or information displayed. These Terms apply to any document purchased and/or information obtained from the Website.
3. No Legal Advice
inanutshell.biz is an online publisher of contracts, agreements, documents and forms, as well as ancillary information. Neither inanutshell.biz nor CleverDocs nor their respectivepartners, affiliates or associated companies are law firms or solicitors, and they do not provide or purport to provide legal advice or any advice which may be construed as such. If you require legal advice, then you must consult a solicitor. Accordingly, your use of the Website does not constitute receipt of any legal advice, nor does the transmission, downloading or sending of any document or other information create a solicitor/client relationship or any relationship which may be construed to be the same or similar. The documents are general templates in standard form which may not be applicable to all circumstances. It is a matter for you to decide which document may be suitable to your needs, but in any event they will all need to be adapted and modified to apply to your own specific circumstances. This is your responsibility. In addition, you must ensure that the documents and/or information supplied is accurate, up to date and applicable. We strongly recommend that you seek appropriate professional and/or legal advice from a regulated, qualified and/or authorised person before using and relying on any document or information on the Website.
4. Distance Selling Regulations
Due to the instant availability of the purchased documents there is no automatic right of refund or cancellation once a document has been purchased by you in accordance with Regulation 13 of the Consumer Protection (Distance Selling) Regulations 2000.
5. Subscription Service
We may offer the facility to become a subscriber to some or all of the documents and/or information available on the Website. In such circumstances, and upon receipt of your payment, then you will be entitled to access those documents and/or information relating to your subscription for up to the maximum period stated at the time of purchase. You will still be bound by these Terms. Please note that the subscription may be cancelled at any time by us, but is irrevocable on your part and all payments are non-refundable under all circumstances, including the temporary or permanent closure or suspension of the Website as set out in Paragraph 10 below.
6. Documents
Please note that all documents are supplied in MS Word format with .doc extension or in Adobe Acrobat with PDF format. These files are supported by the most common systems, but if you are in any doubt, then you should check before buying. Suitable Adobe Acrobat viewing software can be downloaded for free by accessing www.adobe.com/products/acrobatreadstep2.html You should also ensure that you have chosen the correct document before proceeding to payment as once you have paid, you cannot change your mind. Once payment has been accepted, then you will be able to download the requested document from the Website. Once downloaded on to your system, you may create a back up copy of the document. The document will require you to insert certain relevant information in order for you to use it. These insertions do not guarantee that the document will then cover your required circumstances. It may be necessary for further amendments, additions or deletions to be made. This is your responsibility, and we would always recommend that you take appropriate professional advice before relying on the document. As we can never know what your proposed or intended purpose of the document is, you cannot rely on any particular document, or part thereof, to satisfy or meet the requirements you may have.
7. Document Licence
Once you have purchased a document, then you are deemed to be granted a multiple-use non-transferable non-exclusive consumer licence in respect of that document. The terms of the licence are that you may use the document for your own purposes only. You may not sell, transfer or otherwise dispose of any rights which you may have acquired under licence, including publishing or otherwise making available in any format whatsoever a copy of the whole or part of any document so purchased from us. This includes making the document available free of charge to any third party either on or off line.
You may use the documents as many times as you wish subject to these Terms. However, it still remains your responsibility to ensure that you are using an up to date version of any document. Even though we do not warrant the accuracy, completeness, or suitability, of any document or information, it may assist you if you check the Website regularly before re-use. Changes in the law will render certain documents out of date from time to time and you will not be notified if any particular document has been amended or superseded or removed from the Website.
8. E-Help Service
Where we offer, or make available, to you an option to receive and/or purchase assistance on any documents, then we will do so via our E-Help service. This service is solely designed to answer any general queries which you may have in relation to the document purchased. It does not provide or claim to provide any assistance of a legal nature or which may otherwise be construed as legal advice. The E-Help Service operates solely by email and is restricted to an exchange of emails which we determine to be reasonably sufficient to deal with your query. We will endeavour to answer your query by email as soon as reasonably practicable, but there is no guarantee of a response within a certain period of time.
9. Newsletter
From time to time, we may operate a newsletter/information service. This service will be provided free of charge and will be sent by email only. We will from time to time send emails to registered users. By registering with us you are deemed to have consented to our contacting you in this manner, subject to your right to not to receive any further such emails by emailing us accordingly. Recipients will be those who have elected to receive such newsletters or those whom we believe may genuinely be interested in their content. If you do not wish to continue to receive these newsletters then you should simply send an email to enquiries@inanutshell.biz with the words "unsubscribe" in the email subject. Each newsletter will contain similar instructions.
10. Suspension or Termination of Website
Operation of this Website may be suspended from time to time, whether for maintenance or repairs or other reasons, for varying periods of time or indefinitely, or indeed it may be terminated. Whilst we would expect to announce any such suspension or termination on or prior to its taking effect, we are not obliged to do so. We may also terminate your access to this Website at any time upon notice to you by email or by withdrawing this Website, in which case any documents and/or services you have purchased but not received as of the date of termination may be provided or, at our option, any monies paid in respect of such documents and/or services refunded (subject to any right of set off we may have). Your attention is particularly drawn to this section if you are a subscriber, as your subscription may be cancelled at any time and you will not be entitled to a refund.
At certain times, events may arise which are beyond our reasonable control and which would prevent us from continuing to operate the Website and/or continuing to allow access to it. These events are known as Force Majeure events, and when they arise we accept no responsibility or liability for the lack of operational access to the Website.
11. Disclaimer and Limitation of Liability
The information provided, and the documents available for purchase, on the Website are provided on an "as is" basis without any representations or endorsements made and without any warranty of any kind whether express or implied, including but not limited to implied warranties of fitness for purpose, merchantability and accuracy. The information supplied and/or documents purchased may not be up to date, accurate or take into account any changes to the law since they were first prepared and/or made available for sale on the Website. The documents may contain technical inaccuracies and/or incorrect information and/or typographical errors.
Nothing contained in the Website is intended to constitute advice of any sort, whether legal or otherwise. The basis on which you acquire or make use of any information or document is up to you, based on these Terms. The information and/or documents available is suitable for general purposes only. You must take appropriate advice as to its application and adaptation for your particular requirements. We will not have any liability to you at all if you use any information or document without obtaining appropriate legal and/or professional advice nor will we have any responsibility at all for any alterations made to the document after you have received it.
By using the Website you agree that in no circumstance shall we and/or CleverDocs and our respective officers, employees, partners and affiliates be liable for any indirect, incidental, special or consequential damages, including, but not limited to, loss of business or profits or any other financial loss, arising out of or in any way connected with the use of the Website or the information contain therein, or the documents purchased from it, under any law or on any basis whatsoever whether contractual or otherwise, except in relation to death or personal injury for which no limit shall apply. In addition you agree that if, for any reason, we and/or CleverDocs and our respective officers, employees, partners and affiliates are found liable for any damages arising directly from any information contained and/or any document purchased, other than those for death or personal injury, then our joint maximum total liability in aggregate shall be limited to the aggregate of the price paid for the document (s) purchased multiplied by three and in the case of any free information an amount limited to £100.
We shall not be liable for the unavailability for any reason whatsoever of the Website or any part thereof, or your inability to access the Website or any part thereof. Although we have designed our Website and its features to be compatible with the most commonly used browsers, we cannot represent or guarantee that the Website and every feature will work with your browser.
12. Warranties
We do not represent or guarantee that the information on or documents available from the Website or any site linked to it is accurate, up to date, appropriate for your specific situation, or appropriate for your legal jurisdiction.
We are not responsible for any loss, injury, claim, liability, damage, or consequential damage related to your use of the Website or inaccessibility of the Website whether from errors or omissions in the content of this Website or any other linked sites or for any other reason. Use of this Website is at your own risk.
We do not represent or warrant that the Website, its server or any linked sites are free of any harmful materials, including without prejudice to the generality of the foregoing, viruses, worms, adware, spyware or similar.
13. Indemnities
You agree to indemnify and hold harmless each of Simdon Limited and CleverDocs jointly and severally and their respective directors, officers, employees, contractors, agents, affiliates and partners from any claim, demand, or damages, including legal fees, asserted by any third party due to or arising out of your use of any documents and/or information published on the Website.
14. Hyperlinks & Third Party Content
The Website contains hyperlinks to websites operated by other parties, including those associated to us. We may notify you when you are leaving our Website, but we are under no obligation to do so. We have no control over any other websites, including any content posted thereon and accordingly we accept no responsibility for and incur no liability in respect of their content including any hyperlinks to any other websites. By having hyperlinks on our Website does not imply any endorsement of views, recommendations, statements or information contained in such websites and nor does it in anyway imply that we are aware of such content.
The Website may, from time to time, contain contributions from independent third parties as well as advertising and sponsorship. Each such third party, advertiser and/or sponsor shall be responsible for all aspects of the material they submit and which is uploaded to the Website and we accept no responsibility or liability for any errors or inaccuracies in any such material, however trivial, minor or obvious.
15. Waiver or Delay
Any failure or delay by us to enforce any accrued rights under these Terms is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
16. Data Protection
We are registered with the Data Protection Registrar in the UK under Simdon Limited. You are bound by the terms of our Privacy Policy.
17. Alteration of Terms
We reserve the right to make such changes to these Terms as we may deem necessary in our absolute discretion from time to time. Therefore, each time you access the Website, you will be bound by the latest published Terms. However, our right to change the Terms will not affect the existing Terms accepted by you if you entered, and/or purchased a document from, the Website prior to any such change being made and published.
18. Clause Headings and Severability
The foregoing paragraphs, sub-paragraphs and clauses of these Terms shall be read and construed independently of each other. Should any part of these Terms or its paragraphs, sub-paragraphs or clauses be found invalid it shall be deemed struck out and shall not in anyway affect the remaining paragraphs, sub-paragraphs and clauses. Clause headings are included for convenience only and shall in no way affect the proper interpretation and application of the Terms set out herein.
19. Contacting Us
For complaints about our service or any inanutshell.biz product you have purchased, then please contact us using the details shown below and we shall endeavour to respond to complaints as soon as reasonably practicable, usually within 72 hours.
For technical support in relation to any document purchased, then please contact us and we shall endeavour to respond to you as soon as reasonably practicable, usually within 48 hours.
For general enquiries or queries about our services, our documents or the Website generally, then please contact us and we shall endeavour to respond to you as soon as reasonably practicable.
You may also contact us by writing to Customer Services, Simdon Limited, 94 Little Sutton Road, Sutton Coldfield, West Midlands B75 6PS although this will take longer to reach us and therefore longer for us to respond.
20. Entire Agreement
These Terms set out the entire agreement between us concerning the Website, its use, the availability of information and/or the purchase of documents from it. It supersedes any prior agreements between us whenever and howsoever made.
21. Rights of Third Parties
The Contracts (Rights of Third Parties) Act 1999 shall not apply to the agreement created and governed by these Terms and no person who is not party to the agreement shall have or acquire any right to enforce any term of it pursuant to that Act. This provision shall not affect any right or remedy of any third party which exists or is available otherwise than by reason of that Act and shall prevail over any other provision of these Terms which is inconsistent with it.
22. Jurisdiction
These terms, your use of the Website, including the review of any information contained in it and/or any documents purchased from it are governed by English law and will be construed accordingly. Due to the international nature of the internet, you agree to submit to the non-exclusive jurisdiction of the English courts to allow us to issue proceedings against you under English law, but in any applicable jurisdiction.
23. Statutory Rights Unaffected
Your statutory rights are not affected.
24. Prices & VAT
All prices stated in the website are exclusive of Value Added of Tax except where specifically mentioned. VAT at the current applicable rate will be added to the value of any order.
Simdon Limited 2008
Version 1.05