Jane Spencer Editorial

Terms and Conditions

Introduction

1.1 This page sets out the terms and conditions (Terms) by which users (you, your) may use and access the website www.janespencereditorial.co.uk (Site), whether as a guest or as a registered user; and the Terms that apply to the purchase of goods and/or services (Product/s).

1.2 Products can include but are not limited to: editing services, competition entries, workshop places or books.

1.3 Please read these Terms carefully before you start to use the Site or purchase Products.

1.4 By using our Site, you indicate that you accept these Terms and that you agree to abide by them.

1.5 If you do not agree to these Terms, please refrain from using our Site and/or purchasing Products.

2. Information about us

2.1 This Site is owned and operated by Jane Spencer and is based in the UK.

2.2 Our principal place of business and our correspondence address is: 29 Regent Avenue, March, Cambs. PE15 8LR.

2.3 You can contact us by writing to the correspondence address above or by email to jane @ janespencereditorial.co.uk

3. Copyright and Editorial Control

3.1 Copyright © Jane Spencer Editorial

3.2 The copyright to all content of this Site is held either by Jane Spencer or by the individual authors, and none of the material may be used elsewhere without written permission. For reprint enquiries, please contact us.

3.3 We reserve full editorial control over the content, the look, feel and functionality of our Products, Site and Services and reserve the right to make changes without notice, and at any time.

4. Data protection

4.1 We process information about you in accordance with our Privacy Policy. By using our Site you consent to such processing and you warrant that all data provided by you is accurate. 

5. Accessing our site

5.1 Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw, amend or restrict access to areas of our Site, or indeed the whole Site, at our discretion.

5.2 You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Site.

5.3 We will not be liable if, for any reason, our Site is unavailable at any time or for any period.

5.4 You may:

  1. View pages from our Site in a web browser
  2. Download pages from our Site for caching in a web browser
  3. Print pages from our Site
  4. Stream audio and video files from our Site

5.5 Except as expressly permitted by Section 5.4 or the other provisions of these Terms, you must not download any material from our Site or save any such material to your computer.

5.6 You must not edit or otherwise modify any material on our Site

5.7 Unless you own or control the relevant rights to the material, you must not:

  1. Republish material from our Site (including republication on another Site or print publication
  2. Sell, rent or sub-licence material from our Site
  3. Exploit material from our Site for commercial purpose
  4. Redistribute material from our Site

6. Acceptable use

6.1 You must not:

  1. Use our Site in any way or take any action that causes, or may cause, damage to the Site or impairment of the performance, availability or accessibility of the Site
  2. Use our Site in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity
  3. Use our Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, word, keystroke logger, rootkit or other malicious computer software
  4. Conduct any systematic or automated data collection activities (including, but not limited to: scraping, data mining, data extract and data harvesting) on or in relation to our Site without our express written consent
  5. Access or otherwise interact with our Site using any robot, spider or any other automated means
  6. Violate the directs set out in the robot.txt file for our Site
  7. Use data collected from our Site to contact individuals, companies or other persons or entities

6.2 You must ensure that all the information you supply to us through our Site, or in relation to our Site, is true, accurate, current, complete and is not misleading. 

7. Reliance on information posted

7.1 Comments which are posted on our Site by users of the Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site.

8. Our site changes regularly

8.1 We aim to update our Site regularly, and may change the content at any time. If the need arises we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material. 

9. Limitations and exclusions of liability

9.1 Nothing in these Terms excludes or limits our liability (if any) to you for:

  • death or personal injury resulting from negligence;
  • fraud or fraudulent misrepresentation
  • any matter which it would be illegal for us to exclude or attempt to exclude our liability

9.2 The limitations and exclusions of liability set out in this section and/or elsewhere in a Contract under these Terms are:

  1. Subject to Section 9.1; and
  2. Govern all liabilities arising under that contract or relating to the subject matter of that contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in that contract.

9.3 To the extent that our Site and the information and services on our Site are provided free of charge (unless stated otherwise), we will not be held liable for any loss or damage of any nature

9.4 We will not be held liable to you in respect of any business losses, including but not limited to: loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill

9.5 We will not be liable to you in respect of any losses arising out of any Event Outside our Control (Section 1.6.0).

9.6 We will not be held liable to you in the respect of any loss or corruption of any data, database or software.

9.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

9.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Site or these Terms (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

10. Breaches of these terms

10.1 Without prejudice to our other rights under these Terms, if you breach these Terms, or if we reasonably suspect that you have breached these Terms we may take one or more of the following actions:

  1. Send you one or more formal warnings;
  2. Temporarily suspend your access to our Site;
  3. Permanently prohibit you from accessing our Site;
  4. Block computers using your IP address from accessing our Site;
  5. Contact any or all your internet service providers and request that they block your access to our Site;
  6. Commence legal action against you, whether for breach of contract or otherwise;
  7. Suspend or delete your account on our Site.

10.2 Where we suspend or prohibit or block your access to our Site or a part of our Site, you must not take any actions to circumvent such suspension or prohibition or blocking (including but not limited to creating and/or using a different account).

11. Variation of Terms

11.1 We may revise the Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on to you.

11.2 Every time you place an order, the Terms in force at that time will apply to the Contract between us.

12. Assignment

12.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms

12.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

12.3 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights and that will not mean that you do not have to comply with your obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

13. Severability

13.1 If a provision of a contract under these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

13.2 If any unlawful and/or unenforceable provisions of a contract under these Terms would be lawful or enforceable if part of it were deleted, that part would be deemed to be deleted, and the rest of the provisions will continue in effect.

14. Third Party Rights

14.1 A person who is not a party to the Terms will have no right under the Contracts (Rights of Third Parties Act 1999) to enforce or rely upon any provision of them.

15. Links from our site

15.1 Where our Site contains links to other site(s) these links are provided for your information only. We have no control over the contents of those sites and resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

16. Entire Agreement

16.1 Subject to Section 9 these Terms, together with our Privacy Policy, will constitute the entire agreement between you and us in relation to your use of our Site and will supersede all previous agreements between you and us in relation to your use of our Site.

17. Law and Jurisdiction

17.1 A Contract under these Terms will be governed by and construed in accordance with English law

17.2 Any disputes relating to a Contract under these Terms will be subject to the exclusive jurisdiction of the courts of England and Wales.

Schedule 1 – Terms and Conditions of Sale

This schedule forms part of these terms

This schedule sets out the Terms relating to the sale and supply of goods and/or services (Products) via our Site or by other methods, which include, but are not limited to: orders received by post, orders placed by telephone, orders placed in person, or orders received by email, and applies in conjunction with all other provisions of these Terms.

1.1.0 Products can include but are not limited to: editing services, competition entries, workshops.

1.1.1 All orders are subject to acceptance by us. We will confirm acceptance (or otherwise) of your order by email as soon as possible; this is a Confirmation. The contract between us (Contract) will only be formed once we confirm we have accepted your order.

1.1.2 All Products are offered for sale subject to availability. We can only guarantee availability whilst stocks last. If we are unable to supply you with a Product, we will inform you of this by letter, email, or telephone and we will not process your order. If you have already paid, we will refund your payment as soon as possible.

1.2.0 Prices, Payment and Donations

1.2.1 The prices of Products are as listed on our Site.

1.2.2 UK VAT, where applicable, is included in the listed price.

1.2.3 We reserve the right to increase the price of any of our Products at any time.

1.2.4 Whilst we try to ensure that all prices we display are accurate, errors may occur. If we discover an error in the price(s) of the Product(s) you have ordered we will inform you as soon as possible and give you the option of cancelling your order. If you have paid too much, we will refund any overpayment.

1.2.5 We accept payment via bank transfer (if you are located in the UK) and credit / debit card if you are located elsewhere. Payment details appear on invoices provided, or on sales pages, where relevant

1.2.6 Any card payment transactions made via our Site will be encrypted by our payment gateway providers and are not stored on our servers.

1.2.7 Bank details provided for the set-up of Direct Debits are transmitted via secure connections.

1.2.8 We will take reasonable care to keep your order details and payments secure, but, unless we are negligent, we will not be liable for any losses if an unauthorised third party obtains access to your information.

1.2.9 Payments for Products sold on the website (e.g. workshop places, competition entries) is in advance, unless explicitly stated.

1.2.10 Payments for editorial services is via invoice; a payment schedule will be agreed in advance.

1.3.0 Delivery of Physical Products

1.3.1 Should we sell physical products (e.g. books), orders will usually be fulfilled within five to seven working days, or as stated at the time of ordering.

1.3.2 Delivery will be completed when the Products are delivered to the address you gave us in your order.

1.3.3 The Products will be your responsibility from completion of delivery.

1.3.4 You own the Products once we have received payment in full, including all applicable delivery charges.

1.3.5 If we have any problems with your order, we will contact you to let you know what is happening.

1.3.6 We will not be liable to you if we are prevented or delayed in performing any of our obligations to you if you have failed to provide us with a correct delivery address or to notify us of any change of address.