Formily Limited Terms and Conditions for Individual Users


OUR TERMS

1.  THESE TERMS  

1.1  What these terms cover. These are the terms and conditions on which we supply digital content to you. In these terms, “Digital content” means some or all of the the Formily Limited digital applications.

1.2  Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will supply digital content to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.


2.  INFORMATION ABOUT US AND HOW TO CONTACT US  

2.1  Who we are. We are Formily Limited a company registered in England and Wales. Our company registration number is 11889521and our registered office is at Upper Flat, 49A Pembury Road, Tonbridge, TN9 2JB. 

2.2  How to contact us. You can contact us by writing to us at info@formily.co.uk. 

2.3  How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us in your order.

2.4  ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.


3.  OUR CONTRACT WITH YOU  

3.1  How we will accept your order. Our acceptance of your order will take place when we email you to accept it and provide you with login details to access some or all of the digital content, at which point a contract will come into existence between you and us.

3.2  If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be, for example, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the digital content.

 

4.  OUR PRODUCTS  

4.1  Digital content may vary slightly from their pictures. The images of the digital content on our website are for illustrative purposes only. The images of the digital content may vary slightly from those images.  


5.  OUR RIGHTS TO MAKE CHANGES  

5.1  Minor changes to the digital content. We may change the digital content:

(a)  to reflect changes in relevant laws and regulatory requirements; and

(b)  to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the digital content.

5.2  Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.


6.  PROVIDING THE PRODUCTS  

6.1  When we will provide the digital content and how long we will provide it for. We will make the digital content available for use by you as soon as we accept your order. You will be provided with a password to access the digital content for as long as it remains available through formily.co.uk.

6.2  We are not responsible for delays outside our control. If our supply of the digital content is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any digital content you have paid for but not received.

6.3  What will happen if you do not give required information to us. We will need certain information from you so that we can supply the digital content to you, for example, your email address. We will ask you for this information when you are completing your order. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the digital content late or not supplying any part of it if this is caused by you not giving us the information we need within a reasonable time of us asking for it. 

6.4  Reasons we may suspend the supply of digital content to you. We may have to suspend the supply of the digital content to:

(a)  deal with technical problems or make minor technical changes;

(b)  update the digital content to reflect changes in relevant laws and regulatory requirements;

(c)  make changes to the digital content as requested by you or notified by us to you (see Clause 5).

6.5  Your rights if we suspend the supply of digital content. We will contact you in advance to tell you we will be suspending supply of the digital content, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 5 days. 

 

7.  YOUR RIGHTS TO END THE CONTRACT  

7.1  You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a)  If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the digital content repaired or replaced or a service re-performed or to get some or all of your money back), see Clause 10;

(b)  If you want to end the contract because of something we have done or have told you we are going to do, see Clause 7.2;

(c)  If you have just changed your mind about the product, see Clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;

(d)  In all other cases (if we are not at fault and there is no right to change your mind)

7.2  Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any digital content which have not been provided and you may also be entitled to compensation. The reasons are:

(a)  we have told you about an error in the price or description of the digital content you have ordered and you do not wish to proceed;

(b)  there is a risk that supply of the digital content may be significantly delayed because of events outside our control;

(c)  we have suspended supply of the digital content for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 5 days; or

(d)  you have a legal right to end the contract because of something we have done wrong.

7.3  Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

7.4  When you don’t have the right to change your mind. You do not have a right to change your mind in respect of digital products after you have been provided with access to these.

7.5  How long do I have to change my mind?

As you have bought access to digital content you would usually have 14 days after the day we email you to confirm we accept your order. However, as we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.

7.6  Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see Clause 7.5), you can still end the contract before it is completed. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. If you want to end the contract in these circumstances, just contact us to let us know.

 

8.  HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)  

8.1  Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

(a)  Email. Email us at  info@formily.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.

(b)  By post. Print off the at the bottom of these terms and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

8.2  How we will refund you. We will refund you the price you paid for the products, by the method you used for payment. However, we may make deductions from the price, as described below.

8.3 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind


9.  OUR RIGHTS TO END THE CONTRACT  

9.1  We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a)  you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

(b)  you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the digital content, for example, your email address;

(c)  you do not, within a reasonable time, allow us to deliver the digital content to you or collect them from us.

9.2  We may withdraw the product. We may write to you to let you know that we are going to stop providing the digital content. We will let you know at least 7 days in advance of our stopping the supply of the digital content unless the withdrawal is caused by unforeseeable circumstances or circumstances outside of our control. In the event that we have not provided you with the digital content for a period of 16 weeks at the time we withdraw the product, we will refund you any sums paid by you for the digital content unless the withdrawal is caused by unforeseeable circumstances or circumstances outside of our control.. 

 

10.  IF THERE IS A PROBLEM WITH THE DIGITAL CONTENT  

10.1 How to tell us about problems. If you have any questions or complaints about the digital content, please contact us. You can write to us at info@formily.co.uk. 

10.2  Summary of your legal rights. We are under a legal duty to supply digital content that is in conformity with this contract. See the box below for a summary of your key legal rights in relation to the digital content. Nothing in these terms will affect your legal rights.

 

11  PRICE AND PAYMENT  

11.1  Where to find the price for the digital content. The price of the digital content will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the digital content advised to you is correct. However please see Clause 11.3 for what happens if we discover an error in the price of the digital content you order.

11.2  We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the digital content, we will adjust the rate of VAT that you pay, unless you have already paid for the digital content in full before the change in the rate of VAT takes effect.

11.3  What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the digital content we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the digital content’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the digital content’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and remove any access previously provided to you to the digital content.

11.4  When you must pay and how you must pay. We accept payment with all major credit and debit cards. You must pay for the digital content before you download them.

11.5  What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know.


12.  OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU  

12.1  We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

12.2  We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the digital content. 

12.3  If defective digital content which we have supplied damages a device or other digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

12.4  We are not liable for business losses. We only supply the digital content for domestic and private use. The digital content is not to be used for commercial purposes, including providing access to the digital content to business clients. If you use the digital content for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.5 We are not providing you with legal advice We are not providing you with legal advice and it is your sole responsibility to ensure that you provide when required all of the information required either by law or by the Court’s Rules (such as the Family Procedure Rules). 

  

13.  HOW WE MAY USE YOUR PERSONAL INFORMATION  

13.1  How we may use your personal information. We will only use your personal information as set out in our privacy policy ( https://formily.co.uk/privacy-policy)


14.  OTHER IMPORTANT TERMS  

14.1  We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.

14.2  You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

 14.3  Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

14.4  If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

14.5  Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date. 

15.6  Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

 

 

THE SCHEDULE

MODEL CANCELLATION FORM

(Complete and return this form only if you wish to withdraw from the contract)

To [TRADER’S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]


I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],


Ordered on [*]/received on [*],


Name of consumer(s),

 

Address of consumer(s),

 

Signature of consumer(s) (only if this form is notified on paper),

 

Date

 

[*] Delete as appropriate

 

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