Terms and Conditions
Version Number: 1.1
Effective date: 2nd November 2020
1.1 We are Quilters Question Time Ltd. Our company information is at the end of this document.
2. Some definitions
2.1 Here are some definitions which are used in this document (all capitalised):
a) “Consumer” - an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
b) “Content” - all information of whatever kind (including posts, comments, images, photos, audio, video, course materials, patterns, advertisements, messages etc).
c) “Service” – our website, the services we offer by means of our website and any related software and services.
d) “User” - persons or organisations using our Service.
3. What this is all about – introduction to our terms and conditions
3.1 These are our terms and conditions which apply to our Service. We’ve tried to make them user-friendly. Please read them carefully and save a copy as we don’t file a copy specifically for the transaction with you. They’re available in English only.
4. How you order - and forming a contract with us
4.1 Your order is an offer to enter a legal contract with us to use our video streaming Service.
4.2 You place your order by using the ordering process on our site. This involves sending your order to us by clicking on the “Pay Now” or equivalent button. You can check and amend any errors before making an order by using the change function and/or the internet browser back button.
4.3 We accept your offer and there is a binding legal contract when we send you a confirmation email.
5. Consumer right to cancel (“cooling off”)
5.1 If you are a Consumer located in the European Economic Area, you have the right to cancel this contract subject to what we say below.
5.2 However, you lose the right to cancel where the supply of digital content began before the end of cancellation period with your specific agreement and you acknowledged that your right to cancel would be lost in such case.
5.3 If you do have the right to cancel, please see the instructions at the end of this document.
6. Changing our terms and conditions
6.1 We may change these terms and conditions by giving you at least 15 days’ notice unless a more urgent change is needed to comply with laws or regulations or to deal with an unforeseen and imminent danger. We will notify you by email and/or by posting the new version on our website.
6.2 If you don’t agree to the new terms, you can end this contract with effect from 15 days after our notice by emailing us within that period.
7. Your right to use our Service
7.1 We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you subject to these terms and conditions.
8. Acceptable use of our Service
8.1 You agree not to do any of the following in connection with the Service:
a) breach any applicable law, regulation or code of conduct;
b) upload any Content (including links or references to other content), or otherwise behave in a manner, which:
• is defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive;
• infringes any intellectual property or other rights of others;
• involves phishing or scamming or similar; or
• we otherwise reasonably consider to be inappropriate;
c) upload any Content which includes someone else’s personal information unless that person is 18 years or over and you have obtained that person’s explicit written consent;
d) impersonate any person or entity in order to mislead others;
e) use the Service to provide a similar service to third parties or otherwise with a view to competing with us;
f) use the Service for junk mail, spam, pyramid or similar or fraudulent schemes;
g) do anything which may have the effect of disrupting the Service including denial of service attacks, worms, viruses, software bombs or mass mailings;
h) do anything which may negatively affect other Users’ enjoyment of the Service;
i) gain unauthorised access to any part of the Service or equipment used to provide the Service;
j) intercept or modify communications to or from the Service;
k) circumvent any security or other features of the Service including features that restrict use or copying of Content; or
l) attempt, encourage or assist any of the above.
8.2 You agree to:
a) comply with any rules or requirements on our Service;
b) promptly comply with any reasonable request or instruction by us in connection with the Service; and
c) ensure that any contact or other information which you supply to us is accurate and not misleading and you will tell us if there are any important changes.
9. If you upload Content to our Service …
9.1 You are responsible for your Content.
9.2 You guarantee you have (and will retain) all rights and permissions needed to enable use of your Content as contemplated by the Service and these terms and conditions.
9.3 We reserve the right without notice or refund to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities, or if we consider that Content does not meet our quality standards. If so, you must not attempt to re-publish or re-send the relevant Content.
10. Dealing with other Users…
10.1 You accept that we have no obligation to vet or monitor Users. We accept no legal responsibility in connection with any dealings between Users.
10.2 You acknowledge that in using the Service you may encounter behaviour or Content which you consider inappropriate. If so, please email us to our email address shown below (including if you wish to give us notice of defamatory material). Please also use any available blocking mechanisms, seek relevant external help If appropriate (e.g. from law enforcement authorities) and/or stop using the Service.
11. Other peoples’ services / advertising / websites
11.1 We may display other peoples’ services, advertising and /or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.
12. Your account
12.1 Unless otherwise specifically stated on our Service, your account is for your personal use only and is non-transferable. You agree not to allow any other person to use your account. You agree to take reasonable care to keep your login information confidential and to notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
13.1 Payments and subscriptions (including the number and timing of videos per payment / subscription) are as specified on our Service. Payment is in advance.
13.2 The prices shown on our website include any applicable VAT unless we say otherwise.
13.3 If we have mis-priced any part of our Service, we are not obliged to supply the Service at that price provided we notify you. If we do notify you, then you can decide if you want to continue with the Service at the correct price.
13.4 Where stated on our Service when you subscribed, your subscription will continue to be auto-renewed for the same subscription period which you signed up to unless you end your subscription before the renewal date by following the instructions on our Service. Ending your subscription does not entitle you to a refund (unless Consumer cooling off rights apply). You authorise us and our payment provider to charge your payment card for the relevant amounts when payments are due in accordance with this agreement.
13.5 We may at any time change our prices. If you are an existing subscriber on an auto-renewing subscription, we will give you notice by email at least one month before any price change takes effect. If you do not accept the new fee, you should end your subscription by following the instructions on our Service. Otherwise the next renewal of your subscription after the one month’s notice will be at the new price.
13.6 You must contact us immediately with full details if you dispute any payment.
14. Discount codes
14.1 We may offer discount codes from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 12 months. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.
14.2 We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
15. Functioning of our Service
15.1 We do not guarantee that the Service will be uninterrupted or error-free. We are entitled, without notice and without liability (a) to suspend the Service for repair, maintenance, improvement or other technical reason and (b) to make changes to the Service.
15.2 You acknowledge that technology is not always secure and you accept the risks inherent in use of the Internet or other technology for the purpose of the Service.
16. Ending or suspending this contract
16.1 You may at any time end this contract by emailing us to the email address below or following any applicable instructions on our Service. (This doesn’t entitle you to a refund unless you have Consumer “cooling off” rights, explained above.)
16.2 We are entitled at any time to end this contract or suspend part or all of our Service or impose restrictions on our Service if:
a) you break this contract;
b) any fees payable by you are unpaid / unjustifiably charged back;
c) acting reasonably, we think that it is necessary to protect us or others;
d) we are required to do so by applicable law or regulation or to comply with an order, instruction or request from a competent authority; or
e) you or anyone on your behalf acts inappropriately towards our staff.
16.3 We are entitled at any time end this contract if we terminate our Service as a whole or if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.
16.4 If this contract ends:
a) Your right to use our Service and all licences are terminated.
b) Existing rights and liabilities are unaffected.
c) All clauses in this contract which are stated or intended to continue after termination will continue to apply.
17. Restrictions on our legal responsibility – very important
17.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.
17.2 If you are a Consumer, we shall not be liable for any loss or damage where:
a) there is no breach of a legal duty owed to you by us;
b) such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
c) (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
d) such loss or damage relates to a business of yours.
17.3 If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer including claims made by other people arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).
17.4 The following clauses apply only if you are not a Consumer:
a) Our liability of any kind (including our own negligence) for any act or omissions or series of connected acts or omissions is limited to the total fees paid or payable by you to us in connection with our Service in the 12 months before the act or omissions complained of.
b) In no event (including our own negligence) will we be liable for any:
• economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
• loss of goodwill or reputation;
• special, indirect or consequential losses; or
• damage to or loss of data
(even if we have been advised of the possibility of such losses).
c) You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.
d) To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
e) This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
18. Intellectual property rights (e.g. copyright)
18.1 The intellectual property rights in all material used on or in connection with our Service (including videos, course materials and patterns) are owned by us or by our partners. For personal and non-business purposes only, you may view such material on your device and use it to help you quilting. You must not otherwise use any part of such material including copying, disclosing, publishing, posting (on the Internet), selling or adapting it or taking extracts from it without our specific prior written consent. You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.
18.2 You must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.
20. Events outside our control
20.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.
21.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
22. English law
22.1 This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. You will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a consumer to rely on such mandatory provisions of local law. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/. Our email address is at the end of this document.
23. General but important stuff
23.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement make any party as agent, employee or representative of the other.
24.1 If you have any complaints, please contact us via the contact details shown below.
25. Company information
25.1 Company name: Quilters Question Time Ltd
25.2 Country of incorporation: England and Wales.
25.3 Registered number: 12087692
25.4 Registered office and trading address: 25 North Bar Without, Beverley, HU17 7AG, UK
25.5 Contact email address: [email protected]
25.6 Other contact information: See our website.
25.7 VAT number: 357 5140 94
RIGHT TO CANCEL (“COOLING OFF”)
The following applies if you have the right to cancel this contract (as explained above):
Right to cancel
1. You have the right to cancel this contract within 14 days without giving any reason.
2. The cancellation period will expire after 14 days from the day of the conclusion of the contract.
3. To exercise the right to cancel, you must inform us Quilters Question Time Ltd, 25 North Bar Without, Beverley, HU17 7AG, UK (email address above) (of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the model cancellation form below but it is not obligatory.
4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
5. If you cancel this contract, we will reimburse to you all payments received from you.
6. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
7. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
8. If you requested us to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract.
MODEL CANCELLATION FORM
Complete and return this form only if you wish to cancel the contract:
— To Quilters Question Time Ltd, 25 North Bar Without, Beverley, HU17 7AG, UK (email address above):
— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],
— Ordered on [*]/received on [*],
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate