Tradelearning e-book terms and conditions
Tradelearning.eu agreement for e-book purchase and delivery
This agreement (“Agreement”) is made by and between Tradelearning Limited the individual (the “Purchaser”) identified in the order confirmation (“Order Confirmation”) on the website at https://tradelearning.eu (“Website”) as of the date that the Purchaser submits the Order Confirmation by selecting the “Pay” button thereon.
The parties hereto agree as follows:
SECTION 1. SUBSCRIPTION
1.1 Purchased product
Tradelearning hereby grants to the Purchaser the non-exclusive, non-transferable, perpetual right to make personal and non-commercial use of the Tradelearning eBooks identified in the Shopping Cart on the Order Confirmation (the “Purchased Product”) and provide the Purchased Product to the Purchaser subject to the terms and conditions of this Agreement.
1.2 Authorized uses
The Purchaser may download, access and view the Purchased Product by means of a format-compatible electronic reading device or other system. Purchaser is authorized to download additional copies of the Purchased Product and to transfer them to other electronic devices of the Purchaser, solely for the Purchaser’s personal use.
Tradelearning permits that the Purchaser may copy, paste, and/or print up to a maximum of fifteen percent (15%) of the Purchased Product. Tradelearning retains the right to amend these percentages at any time with written notice to the Purchaser.
1.3 Restrictions on use of the Purchased product
Except as expressly permitted in writing by Tradelearning, the Purchaser may not:
– abridge, modify, translate or create any derivative work based on the Purchased Product;
– remove, obscure or modify in any way any copyright notices, other notices or disclaimers as they appear in the Purchased Product;
– reproduce, distribute, transfer, sell, rent, lease or lend the Purchased Product; or
– bypass, modify, defeat or circumvent security measures that protect the Purchased Product.
– post individual items from the Purchased product on social networking sites.
1.4 Intellectual Property Ownership
The Purchaser acknowledges that all right, title and interest in and to the Purchased Product remain with Tradelearning and its suppliers, except as expressly set forth in this Agreement, and that the redistribution of the Purchased Product could materially harm Tradelearning and its suppliers.
SECTION 2. TRADELEARNING PERFORMANCE OBLIGATIONS
Tradelearning will make the Purchased Product accessible to the Purchaser from the Tradelearning server via link obtained in e-mail to Purchaser registered email address. The Purchased Product will be accessible for download for a period of twentyfour (24) months (or period of lifetime in case of purchase of Ultimate Guide to Markets) from the date that the Purchaser submits the Order Confirmation by selecting the “Pay” button thereon.
SECTION 3. PURCHASER PERFORMANCE OBLIGATIONS
3.1 Protection from unauthorized access and use
The Purchaser shall use reasonable efforts to:
– ensure that any passwords or credentials used to access the Purchased Product are used only by Purchaser for its personal use and Purchaser should not divulge any passwords or credentials to any third party; and
– immediately upon becoming aware of any unauthorized use of the Purchased Product, inform Tradelearning and take appropriate steps to ensure that such activity ceases and to prevent any recurrence.
3.2 System requirements
Use of the Purchased Product requires compatible devices internet access, and certain software (fees may apply); may require periodic updates, and may be affected by the performance of these factors. Purchaser agrees that meeting these requirements, which may change from time to time, is the responsibility of the Purchaser.
SECTION 4. FEES AND PAYMENT TERMS
The Purchaser shall pay to Tradelearning the fees (the “Fees”), including any applicable taxes, for access to and use of the Purchased Product at the rates in effect when the charges were incurred. If the Purchased Product becomes unavailable following a transaction but prior to download, the sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of the Purchased Product, the exclusive and sole remedy is either replacement or refund of the Fees, as determined by Tradelearning.
SECTION 5. TERM AND CANCELLATION
The term of this Agreement shall commence when Tradelearning processes the Purchaser’s payment of the Fees, including any applicable taxes, and shall continue to access and use the Purchased Product in perpetuity in accordance with the usage provisions of this Agreement. The perpetual access granted hereunder for the above Purchased Product is subject to payment of a one-time fee as identified in the Shopping Cart on the Order Confirmation. The right of cancellation of this Agreement ends when the Purchaser downloads the Purchased Product.
SECTION 6. TRADELEARNING WARRANTIES AND INDEMNITIES
Tradelearning warrants that use of the Purchased Product in accordance with the terms and conditions herein will not infringe the intellectual property rights of any third party.
Tradelearning shall indemnify, defend and hold harmless the Purchaser from and against any loss, damage, costs, liability and expenses (including reasonable attorneys’ fees) arising from or out of any third-party action or claim that use of the Purchased Product in accordance with the terms and conditions herein infringes the intellectual property rights of such third party. If any such action or claim is made, the Purchaser will promptly notify and cooperate with Tradelearning. This indemnity obligation shall survive the termination of this Agreement.
EXCEPT FOR THE EXPRESS WARRANTIES AND INDEMNITIES STATED HEREIN AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRADELEARNING AND ITS SUPPLIERS PROVIDE THE PURCHASED PRODUCT “AS IS” AND MAKE NO REPRESENTATION OR WARRANTY AND EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY CLAIM ARISING FROM OR OUT OF THE PURCHASED PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERRORS, INACCURACIES, OMISSIONS, OR DEFECTS CONTAINED THEREIN, AND ANY IMPLIED OR EXPRESS WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6.4 Limitation of liability
Except for the express warranties and indemnities stated herein and to the extent permitted by applicable law, in no event shall Tradelearning or its suppliers be liable for any indirect, incidental, special, consequential or punitive damages including, but not limited to, loss of data, business interruption or loss, arising out of or in connection with this Agreement, or shall the liability of Tradelearning and its suppliers to the Purchaser exceed a sum equal to the Fees paid by the Purchaser hereunder, even if Tradelearning or any supplier has been advised of the possibility of such liability or damages.
SECTION 7. RISK OF LOSS
Risk of loss for the Purchased Product transfers when the Purchaser downloads or accesses the Purchased Product.
SECTION 8. GENERAL
8.1 Force majeure
Neither party’s delay or failure to perform any provision of this Agreement as a result of circumstances beyond its control (including, but not limited to, war, strikes, fires, floods, governmental restrictions, power failures, telecommunications or Internet failures or damage to or destruction of any network facilities or servers) shall be deemed a breach of this Agreement.
The invalidity or unenforceability of any provision of this Agreement shall not affect any other provisions of this Agreement.
8.3 Entire agreement
This Agreement contains the entire understanding and agreement of the parties and merges and supersedes any and all prior and contemporaneous agreements, communications, proposals and purchase orders, written or oral, between the parties with respect to the subject matter contained herein.
8.4 Governing law
This Agreement will be governed by and construed in accordance with the laws of Gibraltar, without regard to conflict of law principles, and the parties irrevocably consent to the exclusive jurisdiction of the courts located in Gibraltar, with respect to any action or suit arising out of or pertaining to this Agreement (except where local law requires).
The Purchaser shall not assign, transfer or license any of its rights or obligations under this Agreement unless it obtains the prior written consent of Tradelearning, which consent shall not unreasonably be withheld.
All notices given pursuant to this Agreement shall be via electronic mail and, if to Tradelearning, delivered to firstname.lastname@example.org , and if to the Purchaser, delivered to the contact details identified on the Order Confirmation, or to such other address(es) as the party concerned shall have designated by notice hereunder.
Last revised: 1st March 2019
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