T&C
OUR TERMS AND CONDITIONS
1. Introduction
1.1 These terms and conditions shall govern the sale and supply of downloadable ebooks through our website, and the use of those ebooks.
1.2 Your agreement of purchase automatically indicates your approval of these terms and conditions unless mentioned otherwise to us before the completion of a transaction.
1.3 Any statutory rights that you may have as a consumer are not affected by these terms and conditions.
2. Interpretation
2.1 In these terms and conditions:
(a) “we” means [senibeladiri.com.my] (and “us and “our” should be construed accordingly);
(b) “you” means our customer or prospective customer under these terms and conditions (and “your” should be construed accordingly);
(c) “ebooks” means those ebooks that are available for purchase on our website; and
(d) “your ebooks” means any such ebooks that you have purchased through our website (including any enhanced or upgraded version of the ebooks that we may make available to you from time to time).
3. Order process
3.1 The advertising of ebooks on our website constitutes an “invitation to treat” rather than a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3[ or [alternative order procedure]].
3.3 To enter into a contract through our website to purchase downloadable ebooks from us, the following steps must be taken:
[you must add the ebooks you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must consent to the terms of this document; you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order].
3.4 You will have the opportunity to identify and correct input errors prior to making your order during the order or you can contact us at sales@akademy.my.
4. Prices
4.1 Our prices are quoted on our website.
4.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
4.3 All amounts stated in these terms and conditions or on our website are stated inclusive of transaction charges.
5. Payments
5.1 You must, during the checkout process, pay the prices of the e-books you order.
5.2 Payments may be made by [any of the permitted methods specified on our website from time to time].
6. Licensing of ebooks
6.1 We will supply your ebooks to you in the format or formats specified on our website, and by such means and within such periods as are specified on our website.
6.2 Subject to your payment of the applicable price and compliance with these terms and conditions, we grant to you a [worldwide, non-expiring, non-exclusive, non-transferable] licence to make any use of your ebooks permitted by Section 6.3, providing that you must not in any circumstances make any use of your ebooks that is prohibited by Section 6.4.
6.3 The “permitted uses” of your ebooks are:
(a) downloading a copy of each of your ebooks;
(b) making, storing and viewing copies of your ebooks on desktop, laptop or notebook computers;
(c) making, storing and viewing copies of your ebooks on ebook readers, smartphones, tablet computers or similar mobile devices; and
(d) [printing [a single copy] of each of your ebooks solely for your own use].
6.4 The “prohibited uses” of your downloads are:
(a) the publication, sale, licensing, sub-licensing, renting, transferring, transmission, broadcasting, distribution or redistribution of any ebook (or part thereof) in any format;
(b) the editing, modification, adaptation or alteration of any ebook (or part thereof), and the creation of any derivative work incorporating any download (or part thereof);
(c) the use of any ebook (or part thereof) in any way that is unlawful or in breach of any person’s legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;
(d) the use of any ebook (or part thereof) to compete with us, whether directly or indirectly; (e) [any commercial use of any ebook (or part thereof)]; and
(f) the circumvention or removal of, or any attempt to circumvent or remove, the technological measures applied to any ebook for the purpose of preventing unauthorised use.
6.5 You warrant to us that you have access to the necessary computer systems, media systems, software and network connections to receive and enjoy the benefit of your ebooks.
6.6 All intellectual property rights and other rights in the ebooks not expressly granted by these terms and conditions are hereby reserved.
6.7 You must retain, and must not delete, obscure or remove, copyright notices and other proprietary notices on or in any ebook.
6.8 The rights granted to you in these terms and conditions are personal to you, and you must not permit any third party to exercise these rights.
6.9 If you breach any provision of these terms and conditions, then the licence set out in this Section 6 will be automatically terminated upon such breach.
6.10 You may terminate the licence set out in this Section 6 by deleting all copies of the relevant ebooks in your possession or control.
6.11 Upon the termination of a licence under this Section 6, you must, if you have not previously done so, promptly and irrevocably delete from your computer systems and other electronic devices all copies of the relevant ebooks in your possession or control, and permanently destroy any other copies of the relevant ebooks in your possession or control.
7. Guarantee: cancellation right for all customers
7.1 This Section 7 applies to [all our customers that purchase any ebook under these terms and conditions].
7.2 If, within [30 days following the purchase of any ebook], you [notify us in writing that you require a refund and confirm to us in writing that have irreversibly deleted all the relevant files and derivatives thereof]:
(a) we will promptly refund the corresponding payment to you; (b) your licence to use the ebook will automatically terminate,subject to the express terms of this Section 7. 7.3 The guarantee set out in this Section 7 is subject to the following limitations:
(a) [the rights under this Section 7 may only be exercised by a customer in relation to [one purchase] in each calendar year]; and
(b) [we reserve the right not to provide a refund under this Section 7 if we reasonably suspect that the refund request amounts to an abuse of this guarantee].
[additional list items]
7.4 We will usually refund money using the same method used to make the payment.
7.5 Any statutory rights that you may have as a consumer are not affected by these terms and conditions.
8. Distance contracts: cancellation right for consumers
8.1 This Section 8 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.