Terms and Conditions
1. Basis of the Sale
1.1 We, Cobweb Information Ltd (Cobweb), will provide access to the Scavenger factsheets (Products) to you the customer and you will receive access to the Products subject to these Terms and Conditions (Terms), which govern the contract between us to the exclusion of any other terms.
1.2 'The Products' means the documents you have purchased via the Scavenger website that we are supplying in accordance with these Terms.
1.3 'Intellectual Property Rights' means all rights in and to the Products and associated documentation and any subsequent modifications or changes to the Products including copyright, registered design, trade marks or similar rights, including all renewals and extensions thereof and all rights relating to the operation and marketing now in existence and known by us in relation to the Products.
1.4 No variation to these Terms shall be binding unless agreed in writing by us.
1.5 By submitting your order for the Products you will be deemed to have accepted these Terms.
2. Price of Products and Payment
2.1 In return for payment by you of the agreed price in respect of the Products (the Fee) we will grant you a non-transferable, non-exclusive right to access and download the Products for 12 months from the date on which your order is confirmed.
2.2 Any Fees quoted for the Products on the Scavenger website will be deemed to exclude any applicable VAT unless otherwise stated.
2.3 You are able to pay for the Documents with either a credit or debit card. The processing of your payment is managed by WorldPay. When you click on the submit order button, you will automatically be directed to the WorldPay secure site to make the payment. All personal details that you provide relating to your credit/debit card are held only by WorldPay on their secure servers. Once we have received confirmation from WorldPay that payment has been received, you will be sent an e-mail confirming that your order has been successfully processed and providing you with an invoice.
2.4 You can cancel your order within 14 days of your order being confirmed and receive a full refund of any fee paid as long as you have not accessed the Products via your account. If you wish to make a claim for a refund after you have accessed the Products then please contact our customer support team as soon as possible, quoting your order ID/invoice number and date of purchase. Cobweb will only agree to any reasonable requests for a refund at its sole discretion.
3. Customer Support
3.1 We handle all queries and requests for refunds in a timely manner, and we will endeavour to respond to all queries and complaints within five working days.
3.2 If you should have any queries or wish to request a refund, please contact Cobweb, quoting the relevant order ID/invoice number.
4. Right to Use and Intellectual Property Rights
4.1 You hereby acknowledge and agree that:
4.1.1 The Products and any Associated Documentation are the sole property of Cobweb, and all Intellectual Property Rights shall be and remain vested in Cobweb.
4.1.2 You will effect and maintain adequate security measures to safeguard the Intellectual Property Rights from theft and from access by any person other than you, the registered user.
4.1.3 You will inform Cobweb immediately:
a) Should you receive information from a third party of the Intellectual Property Rights purportedly infringing that third party's rights; and
b) Should you become aware of a third party infringing the Intellectual Property Rights of Cobweb.
4.2 You hereby acknowledge and agree that the Products are for your own personal use or for the use of your authorised employees in the ordinary course of your business activity. No part of these Products can be copied, transmitted, promoted, referred to or linked to by any other means, including by e-mail or Internet, without the explicit prior written permission of Cobweb.
5.1 Except where the Products and Associated Documentation are supplied to a person dealing as a consumer, all warranties, conditions or other terms implied by statute, common law, trade usage or otherwise are excluded to the fullest extent permitted by law. In no circumstances whatsoever shall Cobweb be responsible or liable for any loss or damage of any kind whatsoever which you may suffer or incur directly or indirectly through the use of the Products.
5.2 Cobweb has made every reasonable effort to ensure that the information contained within the Products is up to date and accurate, however, it should not be taken as a definitive guide to every area of concern, nor should it be considered sufficiently full and accurate to cover every situation. Further information and appropriate professional advice should be sought. Decisions should be taken in accordance with normal business evaluation methods. While care is taken to ensure the accuracy of the data contained with the Products, they are provided on the understanding that no responsibility attaches to Cobweb and we shall not be liable under contract or otherwise for any consequential loss or damages (including without limitation loss of contract, loss of use, loss of profit or other economic loss and whether caused by the negligence of ourselves, our employees or agents or otherwise) which arises out of or in connection with the supply of The Products.
6. Force Majeure
We will not be liable to you or deemed to be in breach of contract by reason of delay or failure to perform any of our obligations, if the delay or failure was due to any cause beyond our reasonable control.
7.1 No waiver by us of any breach of the contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
7.2 If any provision of these Terms or any subsequent Terms we issue is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the remainder shall not be affected.
7.3 These Terms and the contract are subject to English Law and the exclusive jurisdiction of the English Courts.
These Terms and Conditions were last updated on 7th August 2013.