Terms & Conditions
Digital Products Terms and Conditions
This Agreement contains the terms and conditions applicable to the use of any Products by You. By placing an Order for any Product, you agree to the terms and conditions of this Agreement.
1. INTERPRETATION
1.1 Unless the context requires otherwise, the following definitions shall apply:
Agreement means this agreement between You and Bath Potions Ltd;
Authorised User means any person in Your organisation to whom access to a Product is provided in accordance with the terms of this Agreement;
Website means www.CPSR.buzz;
Commencement Date means the date upon which You place an order;
Force Majeure means circumstances beyond the relevant party’s control that prevent performance of the Agreement including any failure or breakdown of electronic systems upon which the provision of a Product is dependent;
Intellectual Property Rights or IPR means any and all intellectual property rights including trademarks, copyright, moral rights, database rights, know-how and all other intellectual and proprietary information rights as may exist now or hereafter come into existence; all modifications, renewals, rights to apply for, renewals and extension of any of the foregoing arising under the laws of any country, state or jurisdiction in the world;
Order- an order placed by You for the purchase of a Product through CPSR.buzz Website;
Price-the amount to be paid by You to CPSR.buzz for the Product as listed on the website;
Products- any document (Formulation, Quick CPSR, CPSR) which You purchase from CPSR.buzz;
Client- the individual or organisation on whose behalf you are placing an Order for a Product.
2. YOUR STATUS
2.1 By placing an Order you warrant and represent that:
2.1.1 The individual placing the Order is fully authorised to enter into this Agreement on Your behalf; and
2.1.2 The Order is being placed on behalf of Your business and the individual placing the Order is not acting as a consumer.
3. USE OF THE PRODUCTS
3.1 Payment of the Price will entitle You to a royalty free, non-exclusive, non-transferable, non-sublicensable licence to use, download and store the Product(s).
3.2 You may only use the Product for Your internal purposes in the course of Your own business, unless otherwise agreed in writing with BDO. You shall not forward (and shall procure that no Authorised User shall forward), via any means, any content provided by BDO to anyone other than Your Authorised Users.
3.4 You may not, unless otherwise expressly permitted:
3.4.1 sell, sub-licence, distribute, display, copy, disassemble, decompile, reverse engineer, translate, transfer, or otherwise make available any Product and/or its content to any other person;
3.7 You agree to indemnify Bath Potions Ltd, its members, employees, officers and licensors against any and all liability arising from Your or any third party’s unauthorised use of any Product or its contents provided to You and any use by You or any third party of any derivative works made by you.
4. RELIANCE
4.1 The Products are provided ‘as is’ for general information purposes only and do not constitute professional advice, and You should not rely on them as such. The Products may not be suitable for Your purposes.
4.2 Bath Potions Ltd does not warrant that the Products will ensure Your compliance with any applicable legal or regulatory requirements.
5. PAYMENT
5.1Your purchase of any Products will be made on the CPSR.buzz website.
5.2 The Price does not include VAT.
6. Bath Potions Ltd OBLIGATIONS
6.1 Upon receipt of Your Order, CPSR.buzz shall, as soon as reasonably practicable, facilitate Your to access the Product(s).
7. DATA PROTECTION
7.1 To the extent that we processes any personal data provided by You in connection with this Agreement, CPSR.buzz will do so in accordance with any applicable data protection laws of the United Kingdom.
8. LIABILITY
8.1 Bath Potions Ltd shall not be liable to You for any indirect, special, incidental and/or consequential loss and/or damage incurred by You in connection with your use of any Product.
9.3 BDO shall not be responsible for any loss, damage or other cost resulting from any decisions that are made in reliance on any Product including, without limitation, compliance and/or risk management decisions, and You acknowledge that any use of any Product or any of its contents..
9.4 Bath Potions Ltd excludes to the fullest extent permitted by law any liability whatsoever for any:
9.4.2 sanctions imposed upon You arising out of or in connection with Your non-compliance with any legal or regulatory requirements.
9.5 Bath Potions Ltd total aggregate liability to You in connection with this Agreement shall be limited to the Price.
14. GOVERNING LAW AND JURISDICTION
14.1 This Agreement and any dispute arising out of or in connection with it (whether contractual or non-contractual) shall be governed by the laws of England and Wales, and any dispute arising out of or in relation to this Agreement (whether contractual or non-contractual) shall be subject to the exclusive jurisdiction of the Courts of England.
15. GENERAL
15.1 This Agreement constitutes the entire agreement between Bath Potions Ltd and You in relation to any Products This Agreement supersedes all previous discussions, correspondence, negotiations, understandings or agreements entered into by us in relation to any Products.
15.2 Subject to clause 9.1, You agree that You have not relied upon, nor will you have any claim in respect of any representation, warranty or condition that is not set out in this Agreement.
15.3 This Agreement does not grant any rights under the Contracts (Rights of Third Parties) Act 1999 to any third party to enforce any term of this Agreement.
15.4 In the event that any provision of this Agreement is deemed to be invalid or unenforceable, it shall be severed from the Agreement and shall not affect the validity and enforceability of any other term in this Agreement.
15.5 No failure by Bath Potions Ltd to exercise any right under this Agreement or to take action against You in the event of a breach of this Agreement shall constitute a waiver of such right or any other rights under this Agreement.
