MP3s -terms and conditions. August 2023
Your rights and responsibilities
Please read this carefully as it affects your legal rights and sets out the terms and conditions on which we, The Patterson Group, supply you with MP3 Material. The MP3 material is offered to you conditional on your agreement with these terms and conditions and your purchase of material and continued use of it signifies agreement with them in their entirety.
Material
1. This refers to MP3 download exam preparation material and refers to the full programme (including modules therein). The purchase does not entitle you to receive technical support, telephone assistance, updated audio material, access to the script or support of any other form.
Limitation of Liability and Disclaimers
2. The information provided in the MP3 download is general in nature, and is not intended as expert advice, or as a guide to financial services for consumers or meant to substitute for advice provided by a Financial Adviser or other suitably qualified professional.
3. We will not be liable for any loss, damage, expense, costs, delays or other liability whatsoever (including without limitation any financial losses such as loss of profit or failure to pass exams) which you may incur as a result of relying on the content of the MP3 Material in preparation for an exam or in providing advice to clients.
4. We will not be liable for any loss, damage, expense, costs, delays or other liability whatsoever for any event arising from the download of MP3 Material beyond our reasonable control. Download of MP3 Material is at your own risk and we do not warrant that the process of downloading or the use of MP3 Material will not cause damage to any property, including but not limited to loss of data or computer virus infection.
5. We will not be liable for any loss, damage, expense, costs, delays or other liability whatsoever for any event arising from using external firms such as Paypal for the collection of payments.
6. Our liability (if any) under these Conditions in respect of any defect in the Material or of any duty owed to you under the Conditions will be limited to the Price paid by you or if higher the amount available under any responding insurance policy.
7. Nothing within these conditions operates so as to exclude, limit or restrict our liability for death or personal injury.
8. Nothing within the above exclusions affects your statutory rights.
Intellectual Property Rights
9. All Intellectual Property Rights and goodwill in or relating to the contents of the MP3 Material is the copyright of The Patterson Group.
10. In particular, The Patterson Group asserts its ownership of the trade marks displayed, images and intellectual copyright in relation to the MP3 Material. Nothing contained in these conditions or the Web Site should be construed as granting by implication, estoppel, or otherwise, any licence or right to use any of the trade marks without our permission.
Your use of the MP3 Material
11. You may download MP3 Material to a local hard disc solely for your personal use. The Material is supplied to the original purchaser only.
12. You may not copy or reproduce all or any part of the contents of the Material in any form unless it is for your personal use.
13. You may not lend, hire or give the Material to other users.
14. You may not sell the Material to other users.
Purchasing Goods and Services
15. Full details of the material may be found on our website at www.pstgroup.co.uk. You may only purchase audio Material from us via our website. Please review all of the information which you intend to submit before you make payment. By submitting this information you confirm that all of it is accurate, true and complete.
16. We will keep a record of the transaction for a period of 6 years.
Price
17. The Price means the relevant price for the MP3 download. Prices quoted on our website are in pounds sterling, and include VAT.
Payment and Title
18. When you purchase Material from us on the Website, by clicking the ‘Buy Now’ button you agree to these terms and conditions. By completing and submitting the electronic order form you are making an offer to purchase goods or services which, if accepted by us, will result in a binding contract. We reserve the right to refuse your order and in which case you will be notified accordingly.
19. The Price may be paid on-line by PayPal, debit or credit card only. The Price will be deducted from your card if and when your order is accepted. If your order is not accepted by Paypal, they will inform you.
20. You will be deemed to have received the Material once it has been downloaded.
Cancellation and Termination
21. In accordance with The Consumer Protection (Distance Selling) Regulations 2000 you have a right of cancellation in respect of the Material, which right shall (subject to the Regulations) expire seven working days from the day after receipt. Should you wish to cancel, notice should be sent by email to info@pstgroup.co.uk or in writing to the address shown below. You must warrant that MP3 Material has not been saved elsewhere. Reimbursement for any monies paid by you which relate to the cancellation will be sent to you within 30 days of receiving the notice of cancellation.
22. We may (at our option) terminate the contract at any stage if it appears to us that you have not complied with these Conditions.
Force Majeure
23. We reserve the right to cancel, suspend or vary the operation of our obligations to you if events occur which are in the nature of force majeure including (but without prejudice to the generality of the foregoing) fire, flood, storms, plant breakdown, strikes, lock outs, riot, hostilities, broadband failure, non-availability of material or suppliers or any other event outside our control; and we shall not be held liable for any breach of contract or in tort resulting from such an event.
Warranties
24. We make every effort to ensure the accuracy of the content of the Material. Except as otherwise provided in these Conditions, and except where goods or services are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Conditions Act 1977), all warranties, representations and undertakings, whether express or implied, statutory or otherwise, including but not limited to warranties of satisfactory quality, accuracy, fitness for a particular purpose and of non-infringement of the rights of a third party, are hereby excluded to the fullest extent permitted by law. Where Material is sold to a person dealing as a consumer, nothing in these Conditions shall affect his or her statutory rights.
Privacy
25. We may disclose your information, if required to do so by any legal or regulatory body. We may share your information with carefully selected third parties. We or they may contact you by mail, telephone or e-mail to let you know about any goods, services or promotions which may be of interest to you. We will never sell your personal data to third parties. You can notify us at any time if you do not wish to share your data or opt out from communications by email: info@pstgroup.co.uk.
26. You have a right to ask for a copy of your information and to correct any inaccuracies.
General Notices
27. We reserve the right to change the terms and conditions under which the Material is offered at any time. Any such change in terms and conditions will be effective once reflected in the text of these terms and conditions and published on this web site. You should check the terms and conditions periodically to ensure that you are aware of and complying with the current version.
28. The interpretation, construction, effect and enforceability of this agreement shall be governed by English Law, and you and we agree to submit to the exclusive jurisdiction of the English courts for the determination of disputes.
The Chartered Insurance Institute® does not review or warrant the accuracy of this MP3 Material.
The Patterson Group. Registered office: 5 Cornwall Road, Heald Green, Cheadle, Cheshire. SK8 3EE