Terms and Conditions for use of Mowbray by Design
ACCESSING OUR WEBSITE
To use the Site to order an eBook or to subscribe to the iWorkshop™, you must complete all applicable and required information elements on the Site registration web pages. You must provide current, complete and accurate information and maintain it as current and accurate during your use of the Site. MbD may require you to provide additional information as a condition of, or to assist in determining whether to permit, your continued use of the Site. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any information or content. Once you have completed the registration process, we will provide you (the “Registered User”) with one user name and a password that you can change for your use of the Site. This password shall be regarded as confidential and you may not disclose the password to any third party without our prior written authorisation. You agree to notify MbD immediately of any unauthorised use of your user name or password, or any other breach of security regarding the Site of which you have knowledge.
ORDERING the eBook
To order the eBook (the “Order”) you must: (a) register a valid credit or debit card (the “Payment Instrument”) either with the Site or with a payment processing service provider approved by MbD (“Payment Processing Service”); (b) ensure the Payment Instrument is associated with a billing address in a country where the Site is made available; (c) agree to provide such information as MbD or the Payment Processing Service may require in this regard, including information necessary to validate your identity or confirm the authenticity of any Payment Instrument which you register on the Site; and (d) agree that your Payment Instrument details may be used by MbD to charge or debit your Payment Instrument as necessary to process your payment (collectively, (a) through (d) are defined as the “Payment Process”). You will not be licensed to use the eBook until we receive payment in full from you.
After the Payment Process is completed, we will send you an e-mail confirming receipt of your Order. Your Order represents an offer to us to purchase the eBook. If we accept your Order we will send an e-mail confirmation to you that we have dispatched the eBook to you (the “Order Confirmation E-mail“). Any products on the same Order which we have not confirmed in the Order Confirmation E-mail do not form part of that contract. We reserve the right to decline all or any part of your Order. We grant you a limited, personal, non-transferable and non-exclusive licence to use the eBook for your personal purposes only, provided that you comply full with these Terms and Conditions.
LICENSE TO USE THE iWorkshop™
Unless otherwise agreed, you will not be able to access the iWorkshop™ until we have received payment from you in full. You must subscribe to access the iWorkshop™ in accordance with the Payment Process or in any other form acceptable to MbD (the “Subscription”). Once we receive your Subscription, it will only be accepted by us when we send you an e-mail confirming receipt of your Subscription and containing the details of your licence(s) to use the iWorkshop™ area on the Site (“Subscription Confirmation E-mail”). Any products or services on the same Subscription which we have not confirmed in the Subscription Confirmation E-mail do not form part of that contract. In consideration for the payment received for access to the iWorkshop™ (“Subscription Payment”), MbD agrees to provide the Individual or Authorised User, with a limited, personal, non-transferable and non-exclusive licence (“Licence”) to access the iWorkshop™, provided that you comply fully with these Terms and Conditions.
If you are an Organisation, multiple Licences may be provided for individuals specified by the Organisation. The maximum number of Licences provided to Authorised Users (“Number of Users”) must be mutually agreed to by the Organisation and MdB in advance of the provision of the Licences, as confirmed in the Subscription Confirmation E-Mail. The Number of Users may be increased by mutual agreement between the Organisation and MdB, and at MdB’s then current market rates, effective from the date of the increase in the Number of Users.
The Licence includes access to the iWorkshop™ area on the Site with a designated user name and password (and, in the case of Authorised Users, a unique code specific to your Organisation), to be given to you by MbD. You are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your user name or password. You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the user name or password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete, and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information, including password information, which you provide to us.
The Licence will be effective:
(a) in the case of an Individual, for six (6) months from the date of the Subscription Confirmation Email, unless and until such Licence is renewed; or
(b) in the case of an Organisation (for use by Authorised Users), for twelve (12) months from the date of the Subscription Confirmation Email, unless and until such Licence is renewed. Each Authorised User will have six (6) months to complete the iWorkshop.
We reserve the right to decline to accept your Subscription, refuse access to the Site, cancel orders at our discretion, terminate at will your Licence, your user name and password, or your use of the Site, and to discard and remove any content posted or submitted by you to any forum, without notice and for any reason. You may terminate the Licence at will by providing written notice to MbD.
Except where required by law, subscriptions and Orders are non-refundable and are given only at the discretion of MbD.
PROPRIETARY RIGHTS, COPYRIGHT AND LIMITED REPRODUCTION NOTICES
All right, title and interest in and to the Site and commentary, opinions, advice, services, merchandise and other information contained on the Site (the “Mbd Materials”) are and shall remain the exclusive property of MbD or its licensors and you will not dispute such ownership. No interest, assignment, licence or any right, including moral rights, respecting the MbD Materials, other than expressly set out herein, is granted to you under these Terms and Conditions by implication or otherwise.
If you do post content or submit material, and unless we indicate otherwise, you agree: to grant MbD non-exclusive, royalty-free and fully sub-licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; to grant MbD the right to use the name that you submit in connection with such content, if MbD chooses; to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
All works on the Site are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not use, copy or distribute or sell any MbD Materials, or sell any information, software, products or services obtained from the Site in any manner not allowed for herein, without obtaining a licence to do so from us or our licensors. No part of the Site may be reproduced, transmitted or stored (including in electronic form) except that you may print, or download to your hard drive extracts from the Site only for your own personal or internal business use.
You must not modify the paper or digital copies of any MbD Materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of the MbD Materials must always be acknowledged.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to MbD: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable MbD policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify MbD and its affiliates for all claims brought by a third party against MbD or its affiliates arising out of or in connection with a breach of any of these warranties.
The contents of the Site may include links to third party materials (“Linked Sites”). We are not responsible for the contents of any Linked Site or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties.
These links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the Linked Sites or any association with their operators. We reserve the right to prohibit links to the Site and you must immediately remove or cease any link at our request. You will not frame any part of the Site material by including advertising or other revenue generating material.
We reserve the right to withdraw, amend, modify, suspend, or discontinue any portion of the Site or the information and/or services we provide on the Site, in whole or in part, without notice and at any time. We will not be liable or held responsible in any way, if for any reason the Site is unavailable at any time or for any period, or for any termination of your access to any forum and/or the removal of information concerning your account. Use of information contained on the Site is at your own risk and we are not responsible for any adverse consequences arising out of such use.
You understand that we cannot and do not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Site and the Internet. We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
Although reasonable care has been taken to ensure the facts stated in the Site are accurate and the opinions given are fair and reasonable, we do not give any warranty of accuracy, reliability or fitness for any purpose of the MbD Materials to you or any other person. The MbD Materials are not intended to amount to advice on which reliance should be placed. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of the MbD Materials provided through the Site or on the Internet generally.
We therefore disclaim all liability and responsibility arising from any reliance placed on the MbD Materials by any visitor to the Site, or by anyone who may be informed of any of its contents. To the fullest extent permitted by law, we exclude all responsibility and liability in relation to the Site and MbD Materials and we will not be responsible for errors or misstatements or be liable, whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including direct, indirect, consequential, special, or loss of profits) even if foreseeable. If MbD becomes liable for any form of loss or damage, MbD’s maximum aggregate liability will be limited to amounts paid by you to MbD in the six months prior to the time the liability arises.
The comments and views represented on the Site are the individual comments and views of the users alone and in no way represent the official views of MbD. Any material, information or other communication you transmit or post to this Site (“User Submissions”) will be considered non-confidential and non-proprietary communications. We have no obligations with respect to the User Submissions, and shall be free to copy, disclose, distribute, incorporate and otherwise use the User Submissions for any and all commercial or non-commercial purposes. No compensation will be paid with respect to the use of User Submissions, as provided herein.
Although we will attempt to keep all objectionable messages off this Site, it is impossible for us to review all messages. Each posted message express the views of the author of that message, and we will not be held responsible for the content, accuracy or completeness of any message. We are under no obligation to post or use any User Submissions and reserve the right to remove, edit, move or close any thread for any reason. We do not tolerate comments that are disrespectful, slanderous, or generally unrelated to the objectives of the Site. If users are found to consistently violate these objectives, they will be banned from contributing.
You will take all necessary action to defend and indemnify MbD, its officers and employees against all costs, expenses and damages incurred in connection with any claim brought by a third party against us arising from a breach by you of any of these Terms and Conditions.
THE SITE CHANGES REGULARLY
We aim to update the Site regularly, and reserve the right to change the MbD Materials at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the MbD Materials may be out of date at any given time, and we are under no obligation to update such material.
Thank you for visiting the Site.