Terms and conditions

This agreement applies as between you, the User of this Website and Design Specifics Ltd, 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 Services. 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, services, or information that Design Specifics Ltd makes available through the Website either now or in the future;
Services: means the services available to you through this Website, specifically use of the Design Specifics Ltd proprietary e-learning platform;
Payment Information: means any details required for the purchase of Services 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 Unit A3, Gateway Tower, 32 Western Gateway London, E16 1YL.
System: means any online communications infrastructure that Design Specifics Ltd 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 Design Specifics Ltd and acting in the course of their employment;
Website: means the website that you are currently using (DesignSpecifics.co.uk) and any sub-domains of this site (e.g. subdomain.yourschool.com) unless expressly excluded by their own terms and conditions;
We/Us/Our: means Design Specifics Ltd, a company incorporated in the United Kingdom with Company registration Number [15705722], located at Unit A3, Gateway Tower, 32 Western Gateway London, E16 1YL.

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 Services 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 Design Specifics Ltd, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdoms 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 Design Specifics Ltd 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 DesignSpecifics.co.uk 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@designspecifics.co.uk or call us in the following number: 0333 3448 023

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:
- You must not use obscene or vulgar language;
- 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;
- You must not submit Content that is intended to promote or incite violence;
- 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;
- The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- You must not impersonate other people, particularly employees and representatives of Design Specifics Ltd or Our affiliates;
- You must not use Our System for unauthorised mass-communication such as “spam” or “junk mail”.
9.2 You acknowledge that Design Specifics Ltd reserves the right to monitor any and all communications made to Us or using Our System.
9.3 You acknowledge that Design Specifics Ltd 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 Services 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:
- All information you submit is accurate and truthful;
- You have permission to submit Payment Information where permission may be required;
- 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 unauthorised orders or payments that may be pending.
10.4 When choosing your 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 or termination of your Account.

11. Termination and Cancellation

11.1 Either Design Specifics Ltd or you may terminate your Account. If We terminate your Account, you may be banned from using the Website.
11.2 If you wish to terminate your Account, please contact Us by email at info@designspecifics.co.uk or call us on 0333 3448 023.

12. Services

Services and pricing are subject to change without notice. Design Specifics Ltd reserves the right to refuse any order placed with Us.

13. Availability

We strive to provide accurate and up-to-date availability for our services. However, all services are subject to availability, and we cannot guarantee stock or availability at all times.

14. Payment

Payment is processed via secure online systems, and all Payment Information is handled according to our privacy policy.

15. Liability

Design Specifics Ltd is not liable for any loss or damage resulting from your use of the Website, including but not limited to any loss of data, revenue, or other consequential damages.

16. Governing Law and Jurisdiction

These terms and conditions are governed by and construed in accordance with the laws of the United Kingdom. Any disputes shall be subject to the exclusive jurisdiction of the courts of the United Kingdom.

17. Amendments

We reserve the right to amend these terms and conditions at any time, and such amendments shall be effective immediately upon posting on the Website.

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. Design Specifics Ltd 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.
20.2 Nothing in these Terms and Conditions excludes or restricts Design Specifics Ltd liability for death or personal injury resulting from any negligence or fraud on the part of Design Specifics Ltd.
20.3 Nothing in these Terms and Conditions excludes or restricts Design Specifics Ltd’s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
20.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

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 Design Specifics Ltd.

24. Communications

24.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to info@designspecifics.co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
24.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. 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 Design Specifics Ltd shall be governed by and construed in accordance with the Law of England and Wales and Design Specifics Ltd and you agree to submit to the exclusive jurisdiction of the United Kingdom.

Design Specifics