Terms of Sale / Psychology of Vision

 

Dec. 27, 2020

Psychology of Vision Terms of Sale

https://psychologyofvision.com/terms-of-sale/

This page (together with our Privacy & Cookie Policy and Website Acceptable Use Policy tells you information about us and the legal terms and conditions (Terms) on which we sell any of the programs listed on our sales pages and our site  www.psychologyofvision.com  to you.

These Terms will apply to any contract between us for the sale of Products or Programs to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Product or Program from our Site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Program from our site or sales pages. You should print a copy of these Terms or save them to your computer for future reference. We amend these Terms from time to time as set out in clause 7. Every time you wish to order a Product, Program or Service, please check these Terms to ensure you understand the terms which will apply at that time.

1.Interpretation

In these Conditions, the following definitions apply:

Intellectual Property Rights: copyright, business names, patents, know-how, trade secrets, trademarks, trade names, design rights, rights in get-up, rights in goodwill, rights in confidential information, rights to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), chip topography rights, mask works, utility models, domain names and all similar rights and, in each case:

(a) whether registered or not;

(b) including any applications to protect or register such rights;

(c) including all renewals and extensions of such rights or applications;

(d) whether vested, contingent or future;

(e) to which we are or may be entitled; and

(f) in whichever part of the world existing.

Our Materials: all elements of the Programs, all documents, materials, teaching materials (written and audio) data, proprietary software (and the media on which they are each recorded), which are owned by us at the date of the Contract or which are subsequently created by us independently of the Contract, or which are subsequently created by us as a result of delivering the Programs and performing the services within, and related to, the Programs.

Program: Any Program as detailed on our Site at the time of your purchase and as may be amended by us as set out in paragraph 7 below.

Us/We/our: Means International Association of Psychology of Vision

2.Information about us

2.1 We currently operate the websites www.psychologyofvision.com

International Association of Psychology of Vision

Email address: welcome@psychologyofvision.com

Postal address: Vom Staal-Weg 3, Solothurn, CH 4500, Switzerland

2.2 You may contact us by emailing welcome@psychologyofvision.com. If you wish to give us formal notice of any matter in accordance with these Terms, please see paragraph 15.

3.The Basis of Contract & Supply of the Product or Program

3.1 Any, samples, descriptive matter or advertising issued by us and any descriptions or illustrations of the program contained in our online or offline sales and promotional material or brochures or books are issued or published for the sole purpose of giving an approximate idea of the Product or Program described in them. They shall not form part of the Contract or have any contractual force.

3.2 We will supply the Product or Program in accordance with the information provided to you on our Site at the time of your order in all material respects.

3.3 We shall use all reasonable endeavours to meet dates specified for mentoring calls and group master classes as notified to you from time to time, but time shall not be of the essence for delivery of these services.

3.4 We shall have the right to make any changes to the Product or Program which are necessary to comply with any applicable law, or which do not materially affect the nature or quality of the Product or Program and we shall notify you in any such event.

3.5 We warrant to you that the Product or Program will be provided using reasonable care and skill.

    These Terms will apply for the life of your Program.

4.Use of our site

4.1 Your use of our Site is governed by our Terms of Website Use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.

5.Your personal information & This Agreement

5.1 We only use your personal information Privacy Policy. Please take the time to read our Privacy Policy (LINK), as it includes important terms which apply to you.

5.2 You confirm that you have authority to bind any business on whose behalf you use the Site to purchase a Program.

5.3 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

5.4 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.

5.5 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

6.How the contract is formed between you and us

6.1 Our sales pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

6.2 After you place an order, you will receive an e-mail from us acknowledging receipt of your order. However, this does not mean that your order has been accepted. Our acceptance of your order will take place as described in paragraph 6.3.

6.3 We will confirm our acceptance of your order by sending you an e-mail confirming that the Program is available for you to access and detailing how access is gained (Confirmation). The Contract between us will only be formed when we send you this Confirmation.

6.4 If we are unable to supply you with the Program, for example, because it is no longer available or because of an error in the price on the Site we will inform you of this by e-mail and will not process your order. If you have already paid for the Program, we will refund you the full amount as soon as possible.

7.Our right to vary these Terms

7.1 We amend these Terms from time to time. Every time you order a Program from us, the Terms in force at the time of your order will apply to the Contract between you and us.

8.Delivery & Access to the Program

Delivery of the Program will be available and full access details will be emailed to you once we have provided Confirmation (as set out in paragraph 6.3). Occasionally such notification or accessibility to the Program may be affected by an Event Outside Our Control.

9.Price of Program

10.1 The prices and details of the Program will be as quoted on our Site at the time you submit your order. We take all reasonable care to ensure that the prices of Program are correct at the time when the relevant information was entered onto our Site or offline marketing material. However please see paragraph 13.5 for what happens if we discover an error in the price of a Program you ordered.

10.2 Prices for our program may change from time to time, but changes will not affect any order you have already placed unless you choose the annual or monthly membership in which case, we reserve the right to change the subscription cost if you choose to continue your membership after the initial 12-month subscription period has expired but we will notify you of such change at least one month before the price change.

10.3 The price of a Program excludes purchase tax (where applicable). For example, for EU resident businesses, the applicable rate of VAT for your country of residence will be charged. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Program in full before the change in VAT takes effect.

10.4 It is possible that despite our reasonable efforts a Program on our Site may be incorrectly priced. If we discover an error in the price of a Program you have ordered, we will contact you to inform you of this error and we will give you the option of continuing to purchase the Program at the correct price or cancelling your order. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Program to you at the incorrect (lower) price.

10.Our liability

10.1 We only supply the Program for your personal use, and you agree not to use the Program for any resale purposes, unless by agreement by us.

10.2 Nothing in these Terms limits or excludes our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

10.3 Subject to paragraph 10.2 we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a) any loss of profits, sales, business, or revenue;

(b) loss or corruption of data, information or software;

(c) loss of business opportunity;

(d) loss of anticipated savings;

(e) loss of goodwill; or

(f) any indirect or consequential loss.

10.4 Subject to clause 10.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid by you for a Program.

10.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to a Program. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Program are suitable for your purposes.

11.Events outside our control

11.1 We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 11.2.

11.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

11.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a) we will contact you as soon as reasonably possible to notify you, and

(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Program to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

11.4 You may cancel a Contract affected by an Event Outside Our Control [which has continued for more than [30] days]. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Program you have already received, and we will refund the price you have paid.

12.Intellectual Property Rights

12.1 All Intellectual Property Rights in or arising out of or in connection with the Psychology of Vision Model, our Programs and Our Materials shall be owned by Us.

12.2 We grant you the right to use Our materials, revocable only for breach by you on the terms of the Contract, to the extent necessary to use the Program for your own personal use. You will:

(a) not use the Our Materials for any other purpose e. g teach others our strategies, tools and methods unless the Program purchased is specifically is for that purpose

(b) not modify or reverse engineer or take any similar action in relation to any or our propriety software (if any), except so far as required for interoperability;

(c) assign to us, on their creation, all Intellectual Property Rights which arise or are created by any use by it of, or work done by Us on our Materials in connection with the Program.

13.Communications between us

13.1 When we refer, in these Terms, to “in writing”, this will include email.

(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered by email.

(b) A notice or other communication shall be deemed to have been received: if sent by e-mail.

(c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

14.Termination

14.1 Without limiting its other rights or remedies, either party may terminate this Contract with immediate effect by giving written notice to the other party if the other party commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified by email to do so.

14.2 Without limiting our other rights or remedies, we may terminate this Contract with immediate effect by giving you written notice if you fail to pay any amount due under this Contract on the due date for payment and fail to pay all outstanding amounts within 30 days after being notified in writing by email to do so.

15 Miscellaneous

15.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

15.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

15.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

15.6 A Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

15.7 We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).

Updated November 7, 2019 3:13 pm

[Note: the numbering error under point 9 was duplicated exactly as posted]