TERMS OF SERVICE
Please read this document carefully. By using our website, and placing an order for products from our website, you agree to be bound by these terms. We may update these terms from time to time, and you must continually agree to these terms as you continue to use our website.
These terms apply to all users of the site, including without limitation users who are browsers,
vendors, customers, merchants, and/or contributors of content.
In these terms, “we” means Focus Multimedia Ltd (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
(3) Online Store Terms
You may use our website only if you have reached the age of 18, or if you are 13 years of age or older and this agreement is entered into on your behalf by a person of majority who is capable of entering into such agreements and making them binding upon you ("Guardian"). In the second case, your Guardian agrees to be bound by, and must ensure that you comply with, these terms and conditions.
If a third party uses your account on your behalf, both you and the third party agree to these terms by using our System. Instructions and changes to your account are final.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
(4) General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
(5) Prices and Payment
Prices for digital products are quoted on our website in Pound Sterling. Prices for physical goods are pulled live from Amazon.co.uk in which we have no control over and will fluctuate on a regular basis.
While we do our best to ensure accuracy, it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated when you pay for the product.
Driving Test Success is owned and operated in the United Kingdom, therefore prices on the website include all value added taxes (where applicable).
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
Payment for all products must be made by any method detailed on the website from time to time.
If you dispute any payment made to us you must contact us immediately and provide full details of your claim. If you submit an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of the charge-back: (i) an amount equal to the amount of the charge-back; (ii) all third party expenses incurred by us in relation to the charge-back (include charges made by our or your bank or payment processor or card issuer); (iii) an administration fee of GBP 30 including VAT; and (iv) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees).
Without prejudice to our other rights, if you submit an unjustified credit card, debit card or other charge-back, then we may terminate any contracts between you and us under these terms of sale by giving you written notice of termination.
For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.
We reserve the right at any time to modify or discontinue a Product or Service at any time without notice at any time.
Our product range consists of both digital and physical goods. All orders for PC Software and DVDs are fulfilled by Amazon.co.uk. Where applicable, upon purchasing a digital download you will be supplied with one serial key per product.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
By purchasing our products, you agree that they are for your own personal, non-commercial use only. Exploiting the products for any commercial purpose is strictly forbidden.
Please check that your PC meets the minimum System Requirements displayed on the relevant product page, before ordering that product.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services that we offer.
We have made every effort to display as accurately as possible product information and pricing which are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
(7) Your Warranties
You warrant to us that:
(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
(b) the information provided in your order is accurate and complete;
(c) you will be able to accept delivery of the products;
(8) Digital Delivery Policy
For digital products, we will arrange for a web link and your serial key to be delivered to the email address indicated in your order. Clicking on this link will allow you to download and unlock your purchase.
(9) Risk and Ownership
Ownership of the products will only pass to you upon the later of:
(a) digital delivery of the product serial keys; and
(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges where relevant).
We will be entitled to recover payment for the products even where ownership has not passed to you.
(10) Refund Policy
Refunds on Digital Downloads
By clicking on one of the “Add to Cart” buttons on this website, you are giving us your express consent to receive your digital purchase immediately. This is standard practice in the digital software market, and means that you waive your right to cancel your purchase under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
To help you with compatibility, we provide System Requirements for every digital product that we sell. If in doubt, please refer to your computer manufacturer. If you’re not happy with your purchase for any reason, contact us and we’ll do our very best to make the situation right.
PC software and DVD
All PC software and DVD orders on our website are handled directly by Amazon.co.uk. If you have a question regarding an order for a PC or DVD title, please contact Amazon directly.
All apps sales are handled directly with the relevant App Store - iTunes, Google Play and Amazon. Please refer to your receipt from the relevant app store regarding their refund policy.
If you’re not happy with your purchase for any reason, please contact us at [email protected] and we’ll do our very best to make the situation right.
(11) Statutory Rights
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
(12) General Terms
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section 12: these terms contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
(13) Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Product, Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
(14) Third Party Websites
Our website includes hyperlinks to other websites owned and operated by third parties. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
All content, graphics, and other intellectual property and elements incorporated into our website are our property and the property of our partners. This property is protected by international copyright, trademark and other laws.
Our website and its content may not be copied, reproduced, changed, disassembled, decompiled or distributed in any way without our written consent.
(a) Focus Multimedia Limited, Driving Test Success and our logo are trademarks belonging to us. We give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
(b) The other registered and unregistered trademarks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
If you submit any “Content” of any type, including reviews, commentary, ideas or suggestions whether or not solicited you agree to grant us a licence to use, modify and delete such content for whatever purposes we see as fit, without your express permission.
You must ensure that you are the owner or creator of such content or have received permission from the owner or creator to submit it to us.
Access and use of our website is at your own risk.
To the extent permitted by law the website is provided on an "as is" and "as available" basis. No representations, warranties or conditions of any kind are provided with our website, even if they may be implied in other areas of our website.
We do not guarantee error-free, virus-free or secure operation and access to our website. We encourage all purchases to be downloaded and backed up immediately by you. We do not give any guarantee that your purchases will be available for download permanently.
(19) Liability Exclusions
We and our providers will never be liable to you or any other person for indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to the System or these conditions of use, including but not limited to loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory of law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by us or any person for whom we are responsible, and even if we have been advised of the possibility of such loss or damage being incurred.
(20) Warranty Exclusions and Limitations
To the extent permitted by law we exclude all implied warranties in relation to the supply of any goods or services through the website.
To the extent permitted by law, we limit our liability for the breach of any warranty to, at our option, a refund, the resupply of the relevant good or service, or the payment of the cost of the resupply of the good or service.
Subject to our obligations in relation to a breach of such a warranty, to the extent permitted by law our total aggregate liability for all loss or damage arising out of this agreement or the relationship contemplated by it is limited to the total amount of all fees received from you to us in the first twelve months following the commencement of this agreement.
From time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate).
(22) Changes to Terms and Conditions
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
(23) Find An Instructor Database
When joining the Find An Instructor database, your company information will be visible within our Driving Test Success products and on the website and you may be contacted from time to time by our visitors regarding learning to drive. You can withdraw your information at any time by contacting us.
(24) Contact Information
Questions about the Terms and Agreement can be sent to [email protected]ngtestsuccess.com.
Focus Multimedia Ltd, The Studios, Lea Hall Enterprise Park, Wheelhouse Road, Rugeley, Staffordshire, WS15 1LH.