Terms and Conditions
This agreement applies
as between you, the User of this Website and Concrete Developments, the
owner(s) of this Website. Your agreement to comply with and be bound by Clauses
1, 2, 4 – 11 and 15 – 25 of these Terms and Conditions is deemed to occur upon
your first use of the Website. Clauses 3 and 12 – 14 apply only to the sale of Course/subscription.
If you do not agree to be bound by these Terms and Conditions, you should stop
using the Website immediately.
No part of this
Website is intended to constitute a contractual offer capable of acceptance. Your
order constitutes a contractual offer and Our acceptance of that offer is
deemed to occur upon Our sending a confirmation email to you indicating that your
order has been accepted.
1. Definitions and Interpretation
In this Agreement the
following terms shall have the following meanings:
"Account": means
collectively the personal information, Payment Information and credentials used
by Users to access Paid Content and / or any communications System on the
Website;
"Content": means
any text, graphics, images, audio, video, software, data compilations and any
other form of information capable of being stored in a computer that appears on
or forms part of this Website;
"Facilities": means
collectively any online facilities, tools, course/subscription or information
that Concrete Developments makes available through the Website either now or in
the future;
"Course/subscription": means
the course/subscription available to you through this Website, specifically use
of the proprietary e-learning platform;
"Payment
Information": means any details required for the purchase
of Course/subscription from this Website. This includes, but is not limited to,
credit / debit card numbers, bank account numbers and sort codes;
"Premises": Means
Our place(s) of business located at ADDRESS;
"System": means
any online communications infrastructure that Concrete Developments makes
available through the Website either now or in the future. This includes, but
is not limited to, web-based email, message boards, live chat facilities and
email links;
"User" /
"Users": means any third party that accesses the
Website and is not employed by Concrete Developments and acting in the course
of their employment;
"Website": means
the website that you are currently using (wwwbuildoutdooronlince.com) and any
sub-domains of this site (e.g. subdomain..com) unless expressly excluded by
their own terms and conditions; and
"We/Us/Our": means
Concrete Developments, a company incorporated with the Registrar of Companies
for YYY with Company registration Number NNN of 71-75, ADDRESS.
2. Age Restrictions
Persons under the age
of 18 should use this Website only with the supervision of an Adult. Payment
Information must be provided by or with the permission of an Adult.
3. Business Customers
These Terms and
Conditions also apply to customers procuring course/subscription in the course
of business.
4. Intellectual Property
·
4.1 Subject to the exceptions in Clause 5 of
these Terms and Conditions, all Content included on the Website, unless uploaded
by Users, including, but not limited to, text, graphics, logos, icons, images,
sound clips, video clips, data compilations, page layout, underlying code and
software is the property of Concrete Developments, Our affiliates or other
relevant third parties. By continuing to use the Website you acknowledge that
such material is protected by applicable United Kingdom and International
intellectual property and other laws.
·
4.2 Subject to Clause 6 you may not
reproduce, copy, distribute, store or in any other fashion re-use material from
the Website unless otherwise indicated on the Website or unless given Our
express written permission to do so.
5. Third Party Intellectual Property
·
5.1 Unless otherwise expressly indicated,
all Intellectual Property rights including, but not limited to, Copyright and
Trademarks, in product images and descriptions belong to the manufacturers or
distributors of such products as may be applicable.
·
5.2 Subject to Clause 6 you may not
reproduce, copy, distribute, store or in any other fashion re-use such material
unless otherwise indicated on the Website or unless given express written
permission to do so by the relevant manufacturer or supplier.
6. Fair Use of Intellectual Property
Material from the
Website may be re-used without written permission where any of the exceptions
detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
7. Links to Other Websites
This Website may
contain links to other sites. Unless expressly stated, these sites are not
under the control of Concrete Developments or that of Our affiliates. We assume
no responsibility for the content of such websites and disclaim liability for
any and all forms of loss or damage arising out of the use of them. The
inclusion of a link to another site on this Website does not imply any
endorsement of the sites themselves or of those in control of them.
8. Links to this Website
Those wishing to place
a link to this Website on other sites may do so only to the home page of the site
www.buildoutdooronline.com without
our prior permission. Deep linking (i.e. links to specific pages within the
site) requires our express written permission. To find out more please contact
Us by email at info@buildoutdooronline.com or call us in the following number: 1-603-792-0656
9. Use of Communications Facilities
·
9.1 When using any system on the website you
should do so in accordance with the following rules. Failure to comply with
these rules may result in your account being suspended or closed:
·
9.1.1 You must not use obscene or vulgar
language;
·
9.1.2 You must not submit content that is
unlawful or otherwise objectionable. This includes, but is not limited to, content
that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
·
9.1.3 You must not submit content that is
intended to promote or incite violence;
·
9.1.4 It is advised that submissions are made
using the English language as we may be unable to respond to enquiries submitted
in any other languages;
·
9.1.5 The means, by which you identify yourself,
must not violate these Terms and Conditions or any applicable laws;
·
9.1.6 You must not impersonate other people,
particularly employees and representatives of Concrete Developments or our
affiliates; and
·
9.1.7 You must not use our system for
unauthorized mass-communication such as "spam" or "junk
mail".
·
9.2 You acknowledge that Concrete
Developments reserves the right to monitor any and all communications made to
us or using our System.
·
9.3 You acknowledge that Concrete
Developments may retain copies of any and all communications made to us or
using our System.
·
9.4 You acknowledge that any information you
send to us through our system may be modified by Us in any way and you hereby waive
your moral right to be identified as the author of such information. Any
restrictions you may wish to place upon our use of such information must be
communicated to us in advance and We reserve the right to reject such terms and
associated information.
10. Accounts
·
10.1 In order to procure course/subscription
on this website and to use certain other parts of the System, you are required
to create an Account which will contain certain personal details and Payment
Information which may vary based upon your use of the Website as We may not
require payment information until you wish to make a purchase. By continuing to
use this website you represent and warrant that:
·
10.1.1 all information you submit is accurate
and truthful;
·
10.1.2 you have permission to submit Payment
Information where permission may be required; and
·
10.1.3 you will keep this information accurate
and up-to-date. Your creation of an account is further affirmation of your
representation and warranty.
·
10.2 It is recommended that you do not share
your account details, particularly your username and password. We accept no
liability for any losses or damages incurred as a result of your account
details being shared by you. If you use a shared computer, it is recommended
that you do not save your Account details in your internet browser.
·
10.3 If you have reason to believe that your account
details have been obtained by another person without consent, you should
contact us immediately to suspend your account and cancel any unauthorized
orders or payments that may be pending. Please be aware that orders or payments
can only be cancelled up until provision of course/subscription has commenced.
In the event an unauthorized provision commences prior to your notifying us of
the unauthorized nature of the order or payment then you shall be charged for
the period from the commencement of the provision of course/subscription until
the date you notified us and may be charged for a billing cycle of one month.
·
10.4 When choosing a username, you are
required to adhere to the terms set out above in Clause 9. Any failure to do so
could result in the suspension and/or deletion of your account.
11. Termination and Cancellation of Accounts
·
11.1 Either Concrete Developments or you may
terminate your account. If We terminate your account, you will be notified by
email and an explanation for the termination will be provided. Notwithstanding
the foregoing, We reserve the right to terminate without giving reasons.
·
11.2 If we terminate your account, any
current or pending orders or payments on your account will be cancelled and
provision of Course/subscription will not commence.
12. Course/subscription, Pricing and
Availability
·
12.1 Whilst every effort has been made to
ensure that all general descriptions of course/subscription available from Concrete
Developments correspond to the actual course/subscription that will be provided
to you, We are not responsible for any variations from these descriptions as
the exact nature of the course/subscription may vary depending on your
individual requirements and circumstances. This does not exclude our liability
for mistakes due to negligence on our part and refers only to variations of the
correct course/subscription, not different course/subscription altogether.
Please refer to sub-Clause 13.8 for incorrect course/subscription.
·
12.2 Where appropriate, you may be required
to select the required Plan of Course/subscription.
·
12.3 We neither represent nor warrant that
such course/subscription will be available at all times and cannot necessarily
confirm availability until confirming your order. Availability indications are
not provided on the website.
·
12.4 All pricing information on the website
is correct at the time of going online. We reserve the right to change prices
and alter or remove any special offers from time to time and as necessary.
·
12.5 In the event that prices are changed
during the period between an order being placed for course/subscription and us
processing that order and taking payment, then the price that was valid at the
time of the order shall be used.
·
12.6 All prices on the website do not include
federal, state or local taxes where applicable. All taxes are the
responsibility of you the “user” of the website.
13. Orders and Provision of Course/subscription
·
13.1 No part of this website constitutes a
contractual offer capable of acceptance. Your order constitutes a contractual
offer that we may, at our sole discretion, accept. Our acceptance is indicated
by us sending to you an order confirmation email. Only once we have sent you an
order confirmation email will there be a binding contract between Concrete
Developments and you.
·
13.2 Order confirmations under sub-Clause
13.1 will be sent to you before the course/subscription begin and shall contain
the following information:
·
13.2.1 Confirmation of the course/subscription
ordered including full details of the main characteristics of those course/subscription;
·
13.2.2 Fully itemized pricing for the course/subscription
ordered including, where appropriate, taxes, delivery and other additional
charges;
·
13.2.3 Relevant times and dates for the
provision of the course/subscription;
·
13.2.4 User credentials and relevant
information for accessing those course/subscription.
·
13.3 If we, for any reason, do not accept your
order, no payment shall be taken under normal circumstances. In any event, any
sums paid by you in relation to that order will be refunded within 30 calendar
days.
·
13.4 Payment for the course/subscription
shall be taken via your chosen payment method, immediately for any setup fee
that corresponds to the service plan you purchased and at the same day of each
subsequent month (“billing cycle”) for charges accrued during the previous
month (“billing cycle”) AND/OR as indicated in the order confirmation you
received.
·
13.5 We aim to fulfill your order within 7-10
business days or if not, within a reasonable period following your order,
unless there are exceptional circumstances. If we cannot fulfill your order
within a reasonable period, we will inform you at the time you place the order
by a note on the relevant web page or by contacting you directly after you
place your order. Time is not of the essence of the contract, which means we
will aim to fulfill your order within any agreed time period but this is not an
essential term of the contract and we will not be liable to you if we do not do
so. If the course/subscription are to begin within 14 calendar days of our
acceptance of your order, at your express request, you will be required to
expressly acknowledge that your statutory cancellation rights, detailed below
in Clause 14, will be affected.
·
13.6 Concrete Developments shall use all our
reasonable endeavours to provide the course/subscription with reasonable skill
and care, commensurate with best trade practice.
·
13.7 In the event course/subscription are
provided that are not in conformity with your order and thus incorrect, you
should contact us immediately to inform us of the mistake. We will ensure that
any necessary corrections are made within five (7) business days.
Additional terms and
conditions may apply to the provision of certain course/subscription. You will
be asked to read and confirm your acceptance of any such terms and conditions
when completing your order.
·
13.8 provides technical support via our
online support forum and/or phone. makes
any effort possible to respond to support requests within 24 hours.
14. Cancellation of Orders and Course/subscription
We want you to be
completely satisfied with the products or course/subscription you order
from Concrete Developments. If you need
to speak to us about your Order, then please contact customer care on 603-566-7750,
or by email at support@buildoutdooronline.com
or write to us at our address (see section 1 above). You may cancel an order that
we have accepted or cancel the contract. If any specific terms accompanying the
service contain terms about cancelling the service, the cancellation policy in
the specific terms will apply.
·
14.1 If you change your mind about the course/subscription
within this period and wish to cancel your order, please inform us immediately
using the following email: sales@buildoutdooronlinecom. Your right to cancel during the period is subject to the provisions of sub-Clause
14.2.
·
14.2 As specified in sub-Clause 13.6, if the course/subscription
are to begin within the period you are
required to make an express request to that effect. By requesting that the course/subscription
begin within the 14 calendar day period
you acknowledge and agree to the following:
·
14.2.1 If the Course/subscription are fully
performed within the 14 calendar day period, you will lose your right to cancel
after the Course/subscription are complete.
·
14.2.2 If you cancel the Course/subscription
after provision has begun but is not yet complete you will still be required to
pay for the Course/subscription supplied up until the point at which you inform
us that you wish to cancel. The amount due shall be calculated in proportion to
the full price of the Course/subscription and the actual Course/subscription
already provided. Any sums that have already been paid for the Course/subscription
shall be refunded subject to deductions calculated in accordance with the
foregoing. Refunds, where applicable, will be issued within 14 working days and
in any event no later than 30 calendar days after you inform Us that you wish
to cancel.
·
14.3 Cancellation of Course/subscription
after the 14 calendar day period has
elapsed shall be subject to the specific terms governing those Course/subscription
and may be subject to a minimum contract duration.
15. Privacy
Use of the website is
also governed by Our Privacy Policy (http://www.buildoutdooronline.com/privacy-policy)
which is incorporated into these Terms
and Conditions by this reference. To view the Privacy Policy, please click on
the link above.
16. How We Use Your Personal Information (Data
Protection)
·
16.1 All personal information that We may
collect (including, but not limited to, your name and address) will be
collected, used and held in accordance with the provisions of the Data
Protection Act 1998 and your rights under that Act.
·
16.2 We may use your personal information to:
·
16.2.1 Provide Our Course/subscription to you;
·
16.2.2 Process your payment for the Course/subscription;
and
·
16.2.3 Inform you of new products and course/subscription
available from Us. You may request that We stop sending you this information at
any time.
·
16.3 In certain circumstances (if, for
example, you wish to purchase Course/subscription on credit), and with your
consent, We may pass your personal information on to credit reference agencies..
·
16.4 We will not pass on your personal
information to any other third parties without first obtaining your express
permission.
17. Disclaimers
·
17.1 We make no warranty or representation
that the website will meet your requirements, that it will be of satisfactory
quality, that it will be fit for a particular purpose, that it will not
infringe the rights of third parties, that it will be compatible with all systems,
that it will be secure and that all information provided will be accurate. We
make no guarantee of any specific results from the use of our service or Course/subscription.
·
17.2 No part of this website is intended to
constitute advice and the content of this website should not be relied upon
when making any decisions or taking any action of any kind.
·
17.3 No part of this website is intended to
constitute a contractual offer capable of acceptance.
·
17.4 We use reasonable efforts to ensure that
the website is secure and free of errors, viruses and other malware, you are
strongly advised to take responsibility for your own internet security, that of
your personal details and your computers.
18. Changes to the Facilities and these Terms
and Conditions
We reserve the right
to change the website, its content or these Terms and Conditions at any time.
You will be bound by any changes to the Terms and Conditions from the first
time you use the website following the changes. If we are required to make any
changes to these Terms and Conditions by law, these changes will apply
automatically to any orders currently pending in addition to any orders placed
by you in the future.
19. Availability of the Website
·
19.1 The website is provided “as is” and on
an “as available” basis and uses industry best practices to provide a high
uptime, including a fault-tolerant architecture hosted in cloud servers. We
give no warranty that the website or facilities will be free of defects and /
or faults and we do not provide any kind of refund for outages. We provide no
warranties (express or implied) of fitness for a particular purpose, accuracy
of information, compatibility and satisfactory quality.
·
19.2 We accept no liability for any disruption
or non-availability of the website resulting from external causes including,
but not limited to, ISP equipment failure, host equipment failure,
communications network failure, power failure, natural events, acts of war or
legal restrictions and censorship.
20. Limitation of Liability
·
20.1 To the maximum extent permitted by law,
we accept no liability for any direct or indirect loss or damage, foreseeable
or otherwise, including any indirect, consequential, special or exemplary
damages arising from the use of the website or any information contained
therein. You should be aware that you use the website and its content at your
own risk.
21. No Waiver
In the event that any
party to these Terms and Conditions fails to exercise any right or remedy
contained herein, this shall not be construed as a waiver of that right or
remedy.
22. Previous Terms and Conditions
In the event of any
conflict between these Terms and Conditions and any prior versions thereof, the
provisions of these Terms and Conditions shall prevail unless it is expressly
stated otherwise.
23. Third Party Rights
Nothing in these Terms
and Conditions shall confer any rights upon any third party. The agreement created
by these Terms and Conditions is between you and Concrete Developments.
24. Communications
·
24.1
We may from time to time, if you opt to
receive it, send you information about Our products and/or course/subscription.
If you do not wish to receive such information, please click on the
‘Unsubscribe’ link in any email which you receive from us.
25. Law and Jurisdiction
These Terms and
Conditions and the relationship between you and Concrete Developments shall be
governed by and construed in accordance with the laws of the State of New
Hampshire. You agree all disputes, without immediate remedy, will be addressed
in the State of New Hampshire, Hillsborough County, USA.