Terms of Sale - Download Products


(1) The definitions in the Website Access Terms shall apply here.
(2) Unless it is clear from the context that some other meaning is intended:
“Consideration” means the consideration for a the right to download one or more Items;
“Contract” means a contract to download and use one or more Items;
“Contributor” means a person who contributes to the Content;
“Credit” means the right to download a single Item;
“Item” means any single file that forms part of the Content;
“Order” means an offer to acquire an Item;
“Privacy Statement” is a summary of our policy for holding and using personal data; and
“Website Access Terms” means the terms upon which you are licensed to view this website.

2. Status of these Terms

(1) These are the only terms upon which Items may be downloaded.
(2) Any other terms, whether oral, written, contained or referred to in instructions, orders, offers to procure services or otherwise, shall be disregarded.
(3) These terms supplement and should be read with the Website Access Terms and Privacy Statement.
(4) We may add to, amend, revoke or vary these terms (or any of them) at any time.
(5) Any such amendment, revocation or variation shall take effect as soon as it appears on the Website.
(6) A Contract shall incorporate by reference the terms that were in effect on the day that such Contract was made.

3. The Content

(1) The Items advertised on the Website are those that are available for the time being.
(2) Such advertisement does not: 
(a) amount to an offer to sell or otherwise supply Items; or
(b) oblige us or any third party to contract with you or anyone else.
(3) We shall use all reasonable endeavours to verify the accuracy and completeness of any description or specification of the Content but we make no representation and give no warranty as to such accuracy and/or completeness.
(4) The following shall be terms of any Contract:
(a) You shall acknowledge that errors and omissions may occur in such descriptions and/or specifications;
(b) You will not contract with us in reliance on any such description or specification; and
(c) We shall not be liable for any loss or damage that you may incur that may nevertheless arise from such reliance.

4. Registration

(1) You must register your name, email address, telephone number and other particulars to order Items from the Website.
(2) You acknowledge that we will rely on those particulars to determine whether or not to contract with you.
(3) You warrant and represent to us that those particulars are true, complete and accurate.
(4) Without prejudice to our other rights and remedies, we may immediately revoke your licence to use an Item if we have reason to believe that any of those statements is untrue.
(5) All other statements of fact or opinion by either party are expressly excluded.

5. Formation of Contracts

(1) A Contract can come into being when, and only when, we accept your Order. 
(2) No Contract shall come into being until after we have received the Consideration in full.
(3) No representation, warranty, statement of fact or opinion or assurance will be relied upon by either you or us unless it is set out or referred to in the Contract.
(4) It is your responsibility to satisfy yourself that the Item will satisfy your requirements.

6. Consideration

Consideration may consist of money or Credits.

7. Use

(1) Items may be only for non-commercial reasons.

(2) To purchase items for commercial reasons contact us.

(3) Such use must comply with the laws of the place where the item is to be used and any applicable licence.

8. Termination

(1) We may terminate a Contract that has not yet been performed or revoke your right to use an Item immediately if you state or make clear by your conduct that you will no longer perform your obligations.
(2) Termination will not affect any rights or remedies that may have accrued to either party as at the date of termination.

9. Force Majeure

Should we be prevented or hindered from performing any obligation by circumstances beyond our reasonable control (including but not limited to terrorism. strikes or other labour dispute) we shall not be liable to you for any loss or damage that you may sustain from such non-performance and we shall be excused from such performance while those circumstances persist.

10. Severance

Should any of these provisions (or any provision of any Contract) be void, voidable or unenforceable for illegality or because it is contrary to statute or public policy in any part of the United Kingdom or elsewhere, such provision shall be deemed never to have formed part of these terms but all other provisions shall remain in force.

11. Forbearance

Forbearance in enforcing a term on any occasion shall not prevent or impair future enforcement of that term or any other of these terms. 

10. Exclusion of Exclusion of Contracts (Rights of Third Parties) Act 1999

These terms are not intended to create any right under the Contracts (Rights of Third Parties) Act 1999 which is enforceable by any person who is not a party to a Contract and the rights of any third party under that Act are hereby expressly excluded.