Terms of supply
These Terms will apply to any contract between us for the sale of Services to you (Contract). Please read these Terms carefully and make sure that you understand them, before purchasing a user subscription entitling you to access and use the Services in accordance with the Contract (User Subscription).
Please note that by ordering any User Subscription, you agree to be bound by these Terms and the other documents expressly referred to in it.
Please check any box marked “Please confirm you have read and accept our Terms and Conditions*” at the checkout if you accept them. If you refuse to accept these Terms, you will not be able to order any User Subscriptions or ebooks from our site.
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 User Subscription, please check these Terms to ensure you understand the terms which will apply at that time. No changes to these Terms have been made since their creation in May 2012.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 www.volcu.be is a site operated by Volcube Limited (We). We are registered in England and Wales under company number 07277632 and have our registered office at 1 North Grange Court, York YO30 6AT, United Kingdom. This is also our main trading address. Our VAT number is 995634170.
1.2 We are a limited company.
2. User Subscriptions
2.1 Subject to your purchasing the User Subscriptions in accordance with clause 11, the restrictions set out in this clause 2 and the other Terms and, we hereby grant to you a non-exclusive, non-transferable right to use the Services during the subscription term set out in clause 10.1 (Subscription Term).
2.2 You shall not:
(a) except as may be allowed by any applicable law which is incapable of exclusion by agreement between you and us:
(i) and except to the extent expressly permitted under the Contract, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services or any online software applications provided by us as part of the Services or any content of our site; or
(ii) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services or any online software applications provided by us as part of the Services or any content of our site; or
(b) access all or any part of the Services in order to build a product or service which competes with the Services; or
(c) use the Services to provide services to third parties; or
(d) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party; or
(e) attempt to obtain, or assist third parties in obtaining, access to the Services.
2.3 You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and, in the event of any such unauthorised access or use, promptly notify us.
2.4 The licence granted under clause 2.1 is personal to you and we reserve the right to deny you access to the Services and/or disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our sole opinion you have:
(a) disclosed such user identification code or password to others; or
(b) made excessive use of the Services amounting to unfair usage of them; or
(c) otherwise breached the terms of the licence granted to you.
3. Use of our site
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.
4. How we use your personal information
5. Consumer rights information
5.1 You may only purchase User Subscriptions from our site if you are an individual and are at least 18 years old.
5.3 As a consumer, you have legal rights in relation to Services that are not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
5.4 As a consumer, you will always have legal rights in relation to Services if they are not provided with reasonable skill and care. These legal rights are not affected by the right to cancel set out in clause 8 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
5.5 Nothing in these Terms will affect these legal rights.
6. How the contract is formed between you and us
6.1 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 email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.3.
6.3 Following confirmation of your payment, we will confirm our acceptance to you by sending you an email containing your user login and password (Confirmation) if you have ordered access to www.volcu.be or we will include your download link url if you have ordered ebooks. The Contract between us will only be formed when we send you the Confirmation.
6.4 If we are unable to supply the Services for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Services, we will refund you the full amount as soon as possible.
7. Our right to vary these terms
7.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements; and
(c) when we introduce new services.
7.2 Every time you order Services from us, the Terms in force at that time will apply to the Contract between you and us.
7.3 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the [bottom] of this page.
8. Your cancellation and refund rights
8.1 If you are a consumer, before we begin to provide the Services to you, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 during the period set out below in clause 8.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to use the Services, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.2 Your legal right to cancel a Contract starts from the date of the Confirmation, which is when the Contract between us is formed. You may cancel any order for Services excluding ebooks at any time before starting to use the Services within 14 working days of the Confirmation by contacting us. You may cancel any order for ebooks at any time before starting to use the Services within 7 working days of the Confirmation by contacting us. For the avoidance of doubt, your right to cancel a Contract terminates immediately on your accessing the Services by using the user login and password provided in the Confirmation. We will confirm your cancellation by email to you. Working days means that Saturdays, Sundays or public holidays are not included in this period.
8.3 If you cancel your order under clause 8.1 and you have made any payment in advance for Services that have not been provided to you, we will refund these amounts to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 8.2.
8.4 We refund you on the credit card or debit card used by you to pay.
8.5 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Confirmation.
8.6 You may cancel a monthly subscription to Volcube Starter Edition at any time. To cancel, email [email protected] or write to Volcube Ltd, 1, North Grange Court, York, N Yorkshire, YO30 6AT or complete the online form ‘Question about Volcube’ form on this page http://www.volcube.com/support/support-desk/ including your name, email address and including ‘Please cancel my subscription’ in the ‘My question is…’ text area. Upon receiving your cancellation request, we will, within 24 hours, fix your license expiry date to the day prior to your next Subscription Renewal Date (as defined in clause 11.6 below).
Delivery will be completed when we deliver the Confirmation to the email address you gave us in the case of free trials or subscriptions or when we deliver the Confirmation with the download code and url in the case of ebooks.
10. Term and termination
10.1 Each User Subscription shall start on the date on which we issue the Confirmation and shall continue for the period you have selected.
10.2 At the end of the Subscription Term or on termination of the Contract for any reason the licence granted under clause 2 shall immediately terminate.
11. Charges and payment
11.1 You shall pay the price of the User Subscriptions (Subscription Fees) to us in accordance with this clause 11.
11.2 The Subscription Fees shall be as quoted on our site from time to time.
11.3 The Subscription Fees may change from time to time, but changes will not affect any order which we have confirmed with a Confirmation.
11.5 The Subscription Fees include VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. 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 User Subscriptions in full before the change in VAT takes effect.
11.6 As a monthly subscriber to Volcube Starter Edition, you agree that we are permitted to charge subscription fees and any other charges that you may incur in connection with your use of Volcube Starter Edition. The subscription charges for Volcube Starter Edition will be charged on the first day you subscribe to the Volcube Starter Edition and, from then on, on the calendar day corresponding to the commencement of your membership subscription (each, a “Subscription Renewal Date”). This charge will continue on each Subscription Renewal Date thereafter unless and until you cancel, and regardless of how much you use the service. We will automatically charge you, using your specified payment method, each period (monthly unless otherwise specified) (your “Subscription Month”) on or after your Subscription Renewal Date. All fees and charges are non-refundable. We do not provide refunds for cancellations part-way through the billing period. Please note that should your account fall into arrears, we reserve the right to pass on your details to a collection agency for retrieval of the outstanding debt. There will be a £10 handling charge for all such cases. You agree not to hold us responsible for banking charges incurred due to payments on your account.
11.7 Ebooks are priced as quoted on our site. Purchasing ebooks does not constitute a Subscription and no further fees will be incurred beyond the price of the ebooks.
12. How to pay
12.1 You can only pay for User Subscriptions or ebooks using a debit card or credit card.
12.2 All purchases from our site are handled for us securely online by PayPal®.
12.3 Your purchase is subject to PayPal® terms and conditions and may be subject to PayPal® membership. Please make yourself aware of how PayPal® works before completing your purchase.
12.4 Upon completion of your payment, PayPal® will electronically supply us with confirmation of your payment.
12.5 Purchases will be listed on your card statement under the reference [volcu.be].
12.6 PayPal® accepts multiple currencies. Our currency of choice by default is US Dollars (USD). Payments made to PayPal® in any currency other than USD are subject to PayPal® currency conversions at the relevant exchange rate.
13. Our liability
13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
13.2 We only supply the Services and ebooks for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 13 of the Sale of Goods and Services Act 1982.
14. Proprietary Rights
14.1 You acknowledge and agree that we and/or our licensors own all intellectual property rights in the Services or ebooks. Except as expressly stated, the Contract does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Services.
14.2 We confirm that we have all the rights in relation to the Services that are necessary to grant all the rights we purport to grant under, and in accordance with, the terms of the Contract.
15. Events outside our control
15.1 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 15.2.
15.2 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 or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 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 Services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16. Communications between us
16.1 When we refer, in these Terms, to “in writing”, this will include email.
16.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by email or by pre-paid post to Volcube Limited at [email protected] or 1 North Grange Court, York YO30 6AT, United Kingdom. We will confirm receipt of this by contacting you in writing, normally by email. If you are exercising your right to cancel under clause 8, please see that clause 8 for how to tell us this.
16.3 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us with your order.
17. Other important terms
17.1 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. We will always notify you in writing or by posting on this webpage if this happens.
17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
17.4 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.
17.5 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.
17.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-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.
Last updated April, 2014