TERMS + CONDITIONS | DEFYING SPACE

Please read the following important terms and conditions before you buy any digital content from us and check that they contain everything which you want and nothing that you are not willing to agree to.

Summary of some of your key rights:

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. You do not have this right to cancel once a download has started or access has been given to the digital content provided you have been told this and have acknowledged this.

The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality.

  • If your digital content is faulty, you’re entitled to a repair or a replacement.
  • If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some, or all of your money back.
  • If you can show the fault has damaged your device and we haven’t used reasonable care and skill, 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

The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.

This contract sets out:

  • your legal rights and responsibilities;
  • our legal rights and responsibilities; and
  • certain key information required by law.

In this contract:

  • We’, ‘us’ or ‘our’ means Defying Space; and
  • You’ or ‘your’ means the person buying digital content from us.

If you don’t understand any of this contract and want to talk to us about it, please contact us via email at nash@defyingspace.com or via the Work With Me page on our website defyingspace.com/workwithme

Who are we?

I am Nash Gierak, trading as Defying Space. I am a sole trader established in England and Wales, and my registered business address is in London, UK.

1. Introduction

If you buy digital content from us you agree to be legally bound by this contract.

This contract is only available in English. No other languages will apply to this contract.

When buying any digital content you also agree to be legally bound by:

1.1.1. our Website Terms and Conditions defyingspace.com/terms-and-conditions and any documents referred to in them;

1.1.2. our Privacy Policy defyingspace.com/privacypolicy and any documents referred to in it.

All of the above documents form part of this contract as though set out in full here.

2. Information we give you

2.1. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say 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 these Terms and on the sale page on our website for the digital content you are purchasing.

2.2. The key information we give you by law forms part of this contract (as though it is set out in full here).

2.3 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.

3. Your privacy and personal information

3.1. Our Privacy Policy is available at defyingspace.com/privacypolicy

3.2. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

4. Ordering digital content from us

4.1. Below, we set out how a legally binding contract between you and us is made.

4.2. You place an order for digital content by adding the digital product to the shopping cart. Once you are ready to purchase, you will enter your name, email address and payment details. To purchase the digital content, you must click the “Place Order” button .

4.3. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us. In any event, before you place your order you must check that the hardware and software requirements of your computer or device mean that you can download or access the digital content.

4.4. When you place your order at the end of the online purchase process (i.e. when you click on the Place Order button), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.

4.5. We may contact you to say that we do not accept your order. This is typically for the following reasons:

4.5.1 the digital content is unavailable;

4.5.2 we cannot authorise your payment;

4.5.3 you are not allowed to buy the digital content from us;

4.5.4 we are not allowed to sell the digital content to you; or

4.5.5. there has been a mistake on the pricing or description of the digital content.

4.6. We will only accept your order when we email you to confirm this (Confirmation Email). At this point:

4.6.1. a legally binding contract will be in place between you and us; and

4.6.2. the digital content will download or become accessible immediately.

4.7. If you are under the age of 18 you may not buy any digital content from the site.

5. No right to cancel

5.1. When you place an order for digital content, you will be asked to tick a box to confirm that you consent for the download of or access to the digital content to start immediately after your order has been accepted and that you acknowledge that this means you lose your right to cancel.

5.2. This means that you do not have the right to cancel this contract once the automatic download of the digital content starts and are not entitled to a refund unless the digital content is faulty.

5.3. This does not affect the rights you have if your digital content is faulty. A summary of these rights is provided at the top of this contract. See also clause 10.

6. Permission to use the digital content

6.1. When you buy the digital content and it is downloaded or accessed (see clause 4.6.2), 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 this contract.

6.2. The digital content:

6.2.1 is personal to you. You can use it wherever you want in the world but only if you comply with local laws;

6.2.2. is non-exclusive to you. We may supply the same or similar digital content to other users;

6.2.3. may not be:

(a) copied by you except for a reasonable number of necessary back-ups;

(b) changed by you (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract the source code from it, except where any of this is allowed by law);

(c) combined or merged with, or used in, any other computer program;

(d) distributed or sold by you to any third party;

6.2.4. includes:

(a) updates;

(b) upgrades;

(c) new releases;

(d) new versions; and

6.2.5. contains information which is owned by us or third parties or both. You must not conceal, change or remove any markings which show who owns this information, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings.

6.3. Except where you have permission to use the digital content under this clause 6, you will not obtain any rights of ownership or other rights (of whatever nature) in the digital content or in any copies of it.

7. Access

7.1. Once you have placed your order and the Confirmation Email has been sent to you (see clause 4), the digital content will download automatically or you will be given immediate access.

7.2. We may deliver your digital content in instalments. If we will deliver the digital content to you in this way, we will explain this on the sale page on our website for the digital content you are purchasing.

7.3. If something happens which is outside of our control, and affects you being able to download or access the digital content, we will let you have a revised time for when you can expect to be able to download or access the digital content.

7.4. If your computer or device blocks the automatic download of or access to the digital content or the automatic download does not start, you may still have the right to cancel the contract. If this happens, please contact us using the contact details at the top of this page.

8. Payment

8.1. We accept the following payment methods: Paypal, Stripe, Apple Pay. We do not accept cash.

8.2. We will do all that we reasonably can to ensure that all of the information you give us when paying for the digital content is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 3) or breach by us of our duties under applicable laws 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.

8.3. All payments by credit card or debit card need to be authorised by the relevant card issuer.

8.4. The price of the digital content is in pounds sterling (£)(GBP)], and includes VAT at the applicable rate.

9. Nature of the digital content

9.1. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, that the digital content:

9.1.1. is of satisfactory quality;

9.1.2. is fit for purpose; and

9.1.3. matches its description.

9.2. We must provide you with digital content that complies with your legal rights.

9.3. When we supply the digital content:

9.3.1. we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content;

9.3.2. we do not promise that it is compatible with any third party software or equipment except where we have said that it is in the guide to its use or on our website; and

9.3.3. you acknowledge that there may be minor errors or bugs in it.

10. Faulty digital content

10.1. Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this contract. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:

10.1.1. contact us using the contact details at the top of this page; or

10.1.2. visit the Citizens Advice website www.citizensadvice.org.uk

10.2. Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

10.3. Please contact us using the contact details at the top of this page, if you want:

10.3.1. us to repair the digital content;

10.3.2. us to replace the digital content;

10.3.3. a price reduction; or

10.3.4. to reject the digital content and get a refund.

10.4. To avoid faults in the digital content happening, you must:

10.4.1. install any fixes, updates, upgrades, new releases and new versions as soon as reasonably possible after we tell you that they are available to be downloaded;

10.4.2. use it only on the recommended third party software and equipment set out in the guide to its use or on our website.

11. End of the contract

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

12. Limit on our responsibility to you

12.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

12.1.1. losses that:

(a) were not foreseeable to you and us when the contract was formed;

(b) that were not caused by any breach on our part;

12.1.2. business losses; and

12.1.3. losses to non-consumers.

13. Disputes

13.1. We will try to resolve any disputes with you quickly and efficiently.

13.2. If you are unhappy with:

13.2.1. the digital content;

13.2.2. our service to you; or

13.2.3. any other matter,

please contact us as soon as possible.

13.3. If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:

13.3.1. let you know that we cannot settle the dispute with you; and

13.3.2. give you certain information required by law about our alternative dispute resolution process.

13.2.3. If you want to take court proceedings, the relevant courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.

13.5. The laws of England and Wales will apply to this contract.

14. Third party rights

No one other than a party to this contract has any right to enforce any term of this contract.