CAREERCAKE LIMITED – Website terms and conditions
Summary of your key rights if you are a consumer:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that you have a 14 day right to change your mind and get a full refund on your digital content. However, you do not have this right to cancel once delivery of the content has started (i.e. once streaming has started), provided you have been told this and have acknowledged this (for which see clause 9 below).
The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality. If the digital content is faulty you’re entitled to a repair or a replacement or, if this is not reasonably practical, you can get some or all of your money back. If you can show that faulty digital content has damaged your device and we haven’t used reasonable care and skill to prevent this, you may be entitled to a repair or compensation.
This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06. The information in this summary is not intended to replace the terms below which you should read carefully.
1. About these terms of and conditions
1.2. By accessing or using this Site or paying to access Content you agree to be bound by, and comply with, these terms and conditions (and any documents referred to in them), so please read them carefully before you start to use the Site. If you do not agree with or accept any of these terms, you should stop using the Site immediately.
1.3. We may update these terms from time to time in accordance with clause 23.3 below.
2. About us
2.1. The Site is operated by CareerCake Limited (“we”, “us” or “our”). We are a company registered in England and Wales under company number 09715695 and have our registered office at C/O Bevan Buckland Llp, Langdon House, Langdon Road, Swansea SA1 8QY Our VAT number is 227810317.
2.2. If you have any questions about us, the Site or our services you can contact us on firstname.lastname@example.org
3. Key information we have to give you
3.1. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 state that we must give you certain key information before a legally binding contract between you and us is made. This key information is set out in our terms and conditions and on the Site and includes: the main characteristics of our services; your obligations in relation to our services (for example your payment obligations); your rights (including your cancellation rights); and our contact details in case you need to get in touch with us for any reason. The key information we give you by law forms part of our contract with you (as though it were set out in full here).
3.2. If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
4. Using the Site and restrictions on use
4.1. We permit you to use the Site only in accordance with the terms and conditions set out here (and any documents referred to here). Use of the Site in any other way, including in any way that contravenes any restriction set out in these terms and conditions, is not permitted. If you do not agree with the applicable terms you should not use the Site. We may prevent or suspend your access to the Site if you do not comply with any part of these terms and conditions, any terms or policies to which they refer, or any applicable law.
4.2. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.
4.3. As a condition of your use of the Site, you agree not to use the Site to carry out or promote any activity that is unlawful in any way under any applicable law, and not to use the site for any purpose that is prohibited by these terms and conditions.
4.4. The Site is intended for use only by those who can access it from within the UK. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
4.5. From time to time we may provide features that let users post reviews of our Content. We reserve the right not to approve or display reviews that we deem to be inappropriate in any way.
5. Creating an account and keeping account details secure
5.1. In order to use certain features of our Site, and to access our Content (including free Content under clause 6), you must create an account on the Site (an “Account”). You can apply to create an Account through the relevant sign-up page on the Site.
5.2. We reserve the right, at our discretion, not to allow you to create an Account. This may be due to technical constraints, because you have been banned by us from using the Site or accessing our Content, or for any other reason.
5.3. During the application process you will choose, or be provided with, unique user information (for example a username and password) as part of our security procedures (“Login Information”). You agree that you are solely responsible for keeping your Login Information confidential and you warrant (i.e. legally promise) that you will do so. You must not disclose your Login Information to any third party in breach of these terms and conditions. If you know or suspect that anyone other than you knows your Login Information you must promptly notify us.
5.4. You acknowledge and agree that you are responsible for all activity carried out on the Site through your Account, and that you will be liable to us for any reasonable costs and expenses incurred by us as a result of any breach of these terms and conditions committed through your Account.
6. Free access to new Content for Account holders
6.1. Once you have created an Account we may email you to notify you when new Content is available through the Site.
6.2. You will be able to access this new Content through your Account, without charge, for twenty four (24) hours from the time of the notification email referred to above.
6.3. Once the twenty four (24) hour period noted above has expired your free access to the new Content will cease. If you wish to access that Content again you must pay to access it under clause 9 below.
7. System compatibility
Before you place your order with us (see clause 8) you must check that the hardware and software requirements of your computer or device mean that you can stream the Content. If your computer or device blocks the automatic stream of the Content or the automatic stream does not start, please check that the hardware and software requirements of your computer or device are compatible and try again.
8. Ordering Content from us
8.1. Below, we set out how a legally binding contract between you and us is made. This process applies to you if you are paying to access Content through the Site. If somebody else (e.g. your school, college or employer) is paying for you to access Content through the Site please see clause 16 below.
8.2. You purchase access to Content through the Site by accessing the page relating to that Content and following the instructions. You confirm and place your order by clicking the ‘PAY NOW’ button. Any orders you place will be subject to these terms and conditions.
8.3. Please read and check your order carefully before submitting it. If you need to correct any errors you can do so before submitting your order to us. In particular, you should check your system compatibility before you confirm and place your order (see clause 7).
8.4. When you confirm and place your order (i.e. when you click on the ‘PAY NOW’ button), we will process your order and, provided that we do not decline your order (see clause 8.5):
8.4.1. a legally binding contract will be in place between you and us;
8.4.2. the Content will start streaming automatically; and
8.4.3. you will have the option to stream the Content as many times as you like for twenty one (21) days (starting on the day of purchase), which you can do by logging into your Account and clicking on the ‘play’ button on the relevant video page on the Site.
8.5. We may decline your order in certain circumstances, including (but not limited to):
8.5.1. if the Content is unavailable;
8.5.2. if we cannot authorise your payment;
8.5.3. if you are not allowed to buy access to the Content from us;
8.5.4. if we are not allowed to provide access to the Content to you; or
8.5.5. if there has been a mistake on the pricing or description of the Content.
9. No right to cancel this contract once streaming starts
9.1.When you buy access to Content:
9.1.1. you have no right to cancel this contract once the automatic streaming of it starts; and
9.1.2. you must read the following statement, agree to it, and tick the relevant box when buying access to the Content: ‘I have read and agree to Careercake’s terms and conditions, I hereby consent to immediate performance of this contract when clicking on the ‘pay now’ button and acknowledge that I will lose my right of withdrawal from the contract once the automatic stream of the content has begun’.
9.2. If you have not been able to stream the Content then you may still have the right to cancel your contract with us. Please contact us on email@example.com if you have any issues with streaming Content through the Site.
10. Permission to use the Content
10.1.When you buy access to the Content and stream it (see clause 8.4.2), you will not own it. Instead we give you permission to use it (also known as a ‘licence’) for the purpose of you using and enjoying it according to these terms and conditions. For more information about ownership see clause 11 below.
10.2. The Content:
10.2.1. is personal to you and your Account. You can access it through your Account (provided you have a sufficient internet connection) wherever you want in the world, but only if you comply with local laws (see clause 4.4 above);
10.2.2. is non-exclusive to you. We may supply the same or similar Content to other users;
10.2.3. is, subject to clause 16 below, made available to you for the period specified in clause 8.4.3 above (i.e. 21 days starting on the day of purchase), following which your access to the Content will cease unless you place another order in respect of that Content (which will also be subject to the 21 day limit);
10.2.4. may not be:
(a) copied by you;
(b) changed by you (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract any background data, information or coding from it, including the source code, except where any of this is allowed by law);
(c) combined or merged with, or used in, any other computer program or system;
(d) distributed, sold, shared or otherwise made available by you to any third party; and
10.2.5. contains information and Intellectual Property Rights which are owned by us or third parties or both. Further information about our Intellectual Property Rights and your related rights and obligations is set out in clause 11 below.
11. Ownership, use and intellectual property rights
11.1. References in these terms and conditions to “Intellectual Property Rights” means copyright, patents, rights in inventions, rights in confidential information, know-how, trade secrets, trade marks, service marks, trade names, design rights, rights in get-up, database rights, rights in data, domain names, rights in computer software and all similar and related rights of whatever nature and, in each case: (i) whether registered or not, (ii) including any applications to protect or register such rights, (iii) including all renewals and extensions of such rights or applications, (iv) whether vested, contingent or future and (v) wherever in the world they exist.
11.2. This Site and all Intellectual Property Rights in it are owned by us, our licensors or both (as applicable). Such Intellectual Property Rights are protected by copyright laws and treaties around the world. We and our licensors reserve all of our and their rights in any such Intellectual Property Rights in connection with these terms and conditions. For the avoidance of doubt, this means:
11.2.1. you will not own (in whole or in part) the Site or any Content on it; and
11.2.2. we and our licensors remain the owners of the Site and the Content (as applicable) and we are free to use them as we see fit.
11.3. Subject to your compliance with our T&Cs, we grant to you a non-transferable, non-exclusive licence to access the Site and the Content in accordance with these T&Cs. Nothing in these terms and conditions grants you any legal rights in the Site or the Content other than as necessary to enable you to access them, and any further or additional use is strictly prohibited unless you have our prior written permission.
11.4. If you copy, download or otherwise use any part of the Site in breach of these terms and conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
12.1. This clause 12 is subject to clause 16 below.
12.2. The prices payable for accessing Content are noted on the relevant pages of our Site. Prices are in pounds sterling (£)(GBP).
12.3. You can pay by using the credit or debit cards listed on our Site. Your credit card or debit card will only be charged when you click ‘PAY NOW’ (see clause 8.4 above) and start to stream the Content. All payments by credit card or debit card need to be authorised by the relevant card issuer.
12.4. We will do all that we reasonably can to ensure that all of the information you give us when paying for Content is secure. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
13. Your rights in relation to the Content
13.1. As noted in the summary at the top of these terms and conditions, the Consumer Rights Act 2015 gives you certain legal rights (also known as “statutory rights”), for example, that the Content: (a) is of satisfactory quality; (b) is fit for purpose; and (c) matches its description. We must provide you with Content that complies with your legal rights.
13.2. When we supply the Content we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content.
13.3. Notwithstanding clause 13.2, you acknowledge that there may be minor errors or bugs in the Content or the Site and we do not promise that either are compatible with any third party software or equipment (unless we have specifically stated that they are).
14. Faulty Content
14.1. A summary of your statutory rights is noted in clause 13.1. For more detailed information on your rights and what you should expect from us, please either:
14.1.1. contact us on firstname.lastname@example.org; or
14.1.2. visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.
14.2. Nothing in this contract affects your statutory rights, or any other legal rights that you may have.
14.3. Please contact us on email@example.com if you are unable to access the Content and you want:
14.3.1. us to repair or replace the Content so you can access it; or
14.3.2. a price reduction or refund in respect of any Content you have not been able to access (however please note that under clause 9 above you may not be entitled to a refund in respect of Content you have already accessed).
15. Ending our contract with you
15.1. We may terminate your contract with us immediately at any time, by giving you notice in writing (including by email), if you commit a severe breach of any of your obligations under these terms and conditions and, if that breach is capable of being remedied, you have failed to remedy that breach within 14 days after receiving written notice (including email) from us requiring you to remedy that breach.
15.2. If we terminate your contract with us under clause 15.1 your right to access the Site and the Content under these terms and conditions shall cease immediately.
15.3. If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
16. Sponsored Accounts
16.1. From time to time we may partner with schools, colleges, companies or other organisations (“Organisations”) and allow them to pay for certain individual users (“Sponsored Users”) to access Content through the Site and/or the Organisation’s own private network (“Platform”). This clause 16 will apply to you only if you are a Sponsored User.
16.2. If you are a Sponsored User you are not responsible for paying for Content under clause 12 above (because the Organisation is paying instead), but you acknowledge that access to Content through your Account is dependent upon:
16.2.1. the contractual relationship between that Organisation and us;
16.2.2. the Organisation having paid all applicable fees in respect of your access to the Content and the Site; and
16.2.3. your own relationship with the Organisation.
16.3. If either of the relationships referred to in clause 16.2 above end, for any reason, or if the Organisation fails to pay for your access to the Content in accordance with the contract between us and them, you will cease to be a Sponsored User and we reserve the right to restrict or block your access to Content through the Site or request for the Organisation to restrict or block your access to the Content on their Platform without any liability to you whatsoever.
16.4. Subject to clauses 16.2 and 16.3, for so long as you are a Sponsored User you will have access to all Content that is available on the Site and/or the Organisation’s Platform without charge, and the time limits noted in clauses 8.4.3 and 10.2.3 will not apply to you.
17. Disclaimer, accuracy of information and availability of the Site
17.1. The Site is provided on an “as is” basis. We may update the Site from time to time and may change the Content at any time.
17.2. Although we try to make sure that the Site and Content are accurate, up-to-date and free from errors, we cannot promise that they will be. Any reliance that you may place on the information or Content on the Site is at your own risk.
17.3. Any content placed on the Site by us is provided for general information purposes only. It does not, and is not intended to, constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of any content on our Site.
17.4. While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site. If you have any difficulties using the Site, please contact us firstname.lastname@example.org.
17.5. While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential.
17.6. Access to the Site is permitted by us in our sole and ultimate discretion. We will try to keep disruptions to a minimum, we may suspend, withdraw, discontinue or change all or any part of the Site as we see fit and without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.
18. Third Party Applications
18.1. The Site may from time to time allow integration with third party applications, websites, and services (“Third Party Applications”) to make certain content, products and/or services available to you. These Third Party Applications may have their own terms and conditions of use, privacy policies and/or other applicable terms (“Third Party Terms”) and your use of these Third Party Applications will be governed by and subject to such Third Party Terms.
18.2. You understand and agree that we do not endorse and are not responsible or liable for the behaviour, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications and we accept no responsibility for any loss or damage suffered by you as a result of the use of any Third Party Application.
19. Hyperlinks and third party sites
19.1. The Site may contain hyperlinks or references (including banner and pop-up advertising) to third party websites or applications. We have no control over third party websites or applications and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website, application, product or service does not mean that we endorse it and any reliance you place on such hyperlink, reference or advert is done at your own risk.
19.2. Your use of a third party site will be governed by the terms and conditions of that third party site. It is your responsibility to ensure you are happy with such third party terms and conditions.
19.3. You may create a link to the Site from another site provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not present or establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
19.4. We reserve the right to withdraw linking permission without notice and to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link.
20.1. We do not guarantee that the Site or the Content will be secure or free from bugs or viruses. You are responsible for configuring your device in order to access the Site and the Content and you should use your own virus protection software.
20.2. You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
20.3. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.
21. Limitation of our liability
21.1. Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be lawfully excluded or limited.
21.2. Subject to clause 21.1, and to the extent permitted by law, we exclude all conditions, warranties and/or representations, whether express or implied, which may apply to the Site or any Content on it.
21.3. Subject to clause 21.1, we will not be liable to any user of the Site for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of or inability to use the Site, or with reliance on any Content displayed on the Site. In particular, we will not be liable for any business interruption, for any loss of profits, sales, business, revenue, anticipated savings, business opportunity, goodwill or reputation, or for any indirect or consequential loss or damage.
22. Data protection
23. General legal terms
23.1. Events beyond our control – we shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
23.2. Rights of third parties – no one other than a party to these terms and conditions has any right to enforce any of these terms and conditions.
23.3. Variation – these terms and conditions are dated [DATE]. We reserve the right to vary these terms and conditions from time to time. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.
23.4. Breach – we shall apply these terms and conditions in our absolute discretion. In the event of your breach of any of these terms we may terminate or suspend your use of the Site, disclose information to law enforcement authorities and/or HMRC or take any action we consider necessary to remedy the breach.
24.1. We will try to resolve any disputes with you quickly and efficiently.
24.2. If you are not satisfied with us under these terms and conditions please contact us as soon as possible by sending an email to email@example.com.
24.3. If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
24.3.1. let you know that we cannot settle the dispute with you, and
24.3.2. give you certain information required by law about the options available to you.
25. Applicable law
25.1. If you are a consumer, please note that these terms and conditions, their subject matter and formation, are governed by the law of England and Wales. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
25.2. If you are a business, these terms and conditions, their subject matter and formation (and any non-contractual disputes or claims) are governed by the law of England and Wales. We both agree to the exclusive jurisdiction of the courts of England and Wales.