TERMS AND CONDITIONS

 

1. Your Account

Website

If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account and/or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering for the website. You can access and update much of the information you provided us with in the Contact Us area of the website.

Mobile Service

You will not be required to provide your personal information when using our ebook mobile service at this stage, just your mobile number to which we will deliver your electronic copy of your ebooks once your payment has been received by us. Please ensure that no other person has access to your mobile handset so as to allow its use in an unauthorised manner. GoSpoken.com reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

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2. Privacy

Please review our Privacy Policy, which also governs your visit to GoSpoken.com, to understand how we use your personal information.

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3. Access to GoSpoken.com

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website or your ability to download an ebook or audio book may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

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4. Licence for website access

GoSpoken.com grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or change it, or any portion of it, unless we given you our permission to do so. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

This website or any part of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our written permission.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GoSpoken.com or any of its related companies without our written permission. You may not use any meta tags or any other "hidden text" utilising GoSpoken.com or any of its group companies' names and/or trademarks without our written permission. If you use any part of our website for anything other than purchasing our books, we may terminate your license with GoSpoken.com without notifying you.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of GoSpoken.com as long as the link does not portray GoSpoken.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any GoSpoken logo or other proprietary graphic or trademark as part of the link without our express written consent.

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5. Your conduct

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.

You understand that you, and not GoSpoken.com, are responsible for all electronic communications and content sent from your computer or your mobile handset to us and you must use the website for lawful purposes only.

You must not use the website for any of the following:

(a) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;

(b) to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"; and

(c) to cause annoyance, inconvenience or needless anxiety to any person.

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6. Communications and other Content

You may not use a false e-mail address or mobile phone number, impersonate any person or entity, or otherwise mislead as to the origin of any content that you provide to us.

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7. Defamation claims

Because GoSpoken.com lists so many books from different publishers and resellers for sale on the website, it is not possible for us to be aware of the contents relating to each book listed for sale, review any synopsis or editorial that is displayed as this information comes from many different sources and is not created by us. Accordingly, GoSpoken.com operates on a "notice and takedown" basis. If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, please notify us immediately by the 'Report This' button. Please provide full details of the basis as to why you feel that the material is defamatory. Please provide your address, telephone number, and e-mail address when sending the notice to us. This button will present a drop down menu to allow you to tell us about your concerns. Once this procedure has been followed, GoSpoken.com will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.

Important Warning: giving false, misleading or inaccurate information in the Report to GoSpoken.com of Defamatory Content may result in civil and criminal liability.

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8. Copyright, authors' rights and database rights

All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of GoSpoken.com, its affiliates or its content suppliers and is protected by UK and international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of GoSpoken.com and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is licensed to or the property of GoSpoken.com, its affiliates or our software suppliers and is protected by UK and international copyright and author' rights laws.

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9. Intellectual Property Claims

If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our 'Report This' button which will provide a drop down menu to enable you to notify us of any alleged infringement of any intellectual property rights. We will investigate this matter further and report back to you. You will need to provide your contact details when reporting an infringement and the full details and evidence as to who owns the intellectual property to enable us to fully investigate this complaint.

Upon receipt of your notification (Report) we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, in submitting a Report, you grant to GoSpoken.com and its affiliates the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Report to the parties involved in the provision of the alleged infringing content. You agree to indemnify GoSpoken.com and its affiliates for all claims brought by a third party against GoSpoken.com or its affiliates arising out of or in connection with the submission of a Report.

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10. Trademarks

GoSpoken.com and other marks on our website are trademarks or registered trademarks of Spoken Entertainment Limited or its affiliates (collectively "GoSpoken.com"), in the European Union and/or other jurisdictions. GoSpoken.com's graphics, logos, page headers, button icons, scripts and service names are the trademarks or look and feel of GoSpoken.com. Our trademarks and look and feel may not be used in connection with any product or service that is not GoSpoken.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GoSpoken.com. All other trademarks not owned by GoSpoken.com that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GoSpoken.com.

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11. Conditions Relating to the Sale of Books to You

Books

Books may only be sold and shipped within the United Kingdom. Any orders must be processed through GoSpoken.com. If orders are placed before 15:00 on any day from Monday to Friday in the UK, provided that such book is in stock, we will use our reasonable endeavours to dispatch your order the same day, except during peak volume times or exceptional circumstances. If orders are received after 15:00 Monday to Friday or on a Saturday or Sunday in the UK we will use our reasonable endeavours to dispatch the book to you the next business day. Special titles or orders outside of the UK may take longer. Special titles are supplied on a firm sale basis and are not returnable outside of 7 days. All returns will be subject to a service charge and restocking charge and you will be required to pay the any return delivery costs associated with such return. For returns please follow the process at http://books.gospoken.com.

If books titles are unavailable for a period of in excess of 7 days or become unavailable, your order may be cancelled but we will notify you of any cancellation. We accept no liability for late delivery or an cancellation of orders. GoSpoken.com make not representations to you that we can fulfill your order and accepts no liability if it is unable to do for any reason whatsoever.

eBooks to Mobile Handsets

You must always test that your mobile handset is compatible with our services as there are many handsets available on the market. Please test your handset first by attempting to download an extract of an ebook you may wish to purchase. We offer no guarantees that your handset will be compatible with GoSpoken.com's services.

Orders will be dispatched to you via a link to your mobile handset after your payment has been confirmed. You will be sent a link to enable you to download your book. Subject to any internet downtime or any bandwith restrictions, your download will commence immediately. The delivery time will vary depending on your internet access, your mobile handset and the your delivery method (eg 3G or WiFi). WiFi is always recommended as the preferred download technology to enable a quicker download. Should you attempt to download and your download is not affected or incomplete, please notify us by filling out this form, here and we will provide technical support help or affect a refund if your mobile handset is incompatible. For further information of how to use your mobile handset or whether or not it is compatible please see the Compatible Devices section.

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12. Our contract

Books

When you place an order to purchase a product from GoSpoken.com, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we have dispatched that product to you (the "Dispatch Confirmation E-mail). Our acceptable of your order will be complete at the time we send the Dispatch Confirmation E-mail to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation E-mail to have been dispatched do not form part of that contract. Our contract with you is only formed when your book is dispatched. In the event of any complaints please contact us here.

eBooks

When you place an order for an eBook on GoSpoken.com, we will send a text to your mobile handset once your payment has been received by GoSpoken.com. Please ensure that your handset is compatible by going to [insert link] and downloading an excerpt of your selection for free, prior to placing your order. We do not offer refunds on any electronic downloads. For more information on our Refunds Policy please see below.

We recommend that you back up your eBooks as we will not replace any eBooks that are lost through any act or omission of yours or if you loose your handset.

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13. Returns

Books

Please review our Returns Policy [insert a link to returns policy] which applies to products purchased from GoSpoken.com. In addition to your 7 day returns guarantee, customers in the European Union are entitled to a statutory cooling-off period of seven business days. Details of this statutory right and an explanation of how to exercise it are provided in the order confirmation e-mail and in the Returns Policy.

eBooks

You cannot return an eBook once the download has commenced.

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14. Pricing and availability

We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates for books are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable.

Despite our efforts, a small number of products in our catalogue may be mispriced. Rest assured, however, that we verify prices as part of our dispatch procedures. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.

All prices are inclusive of VAT unless stated otherwise.

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15. Customs and Roaming Charges for eBooks

When ordering books from GoSpoken.com for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from GoSpoken.com, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

If you are travelling outside of the UK and wish to download an eBook, your service provider may charge you global roaming charges. Please ensure that you check any applicable rates or charges that may be applied by your service provider prior to downloading your eBook. GoSpoken.com accepts no liability for any additional charges you may incur from your service provider when downloading your eBook.

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16. Children

GoSpoken.com does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use GoSpoken.com only with the involvement of a parent or guardian.

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17. Electronic communications

When you visit GoSpoken.com or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

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18. Losses

GoSpoken.com will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the website, or a contract for the sale of books or eBooks by us to you was formed.

GoSpoken.com and its affiliates will not be liable to you for any consequential or indirect:

• business loss
• loss of profits,
• loss of revenue
• loss of contracts
• anticipated savings
• loss of data
• loss of goodwill
• wasted expenditure; or
• any other indirect or consequential loss when you commenced using the website or when a contract for the sale of books and eBooks by us to you was formed.

GoSpoken.com does not limit in any way our liability by law for death or personal injury caused from our negligence or fraudulent misrepresentation.

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19. Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our website, policies, and these Terms and Conditions at any time. You will be subject to the policies and Terms and Conditions in force at the time that you use the website or that you order books and/or eBooks from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

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20. Events beyond our reasonable control

GoSpoken.com and its affiliates will not be held responsible for any delay or failure to comply with our obligations under these terms and conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

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21. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

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22. Governing law and jurisdiction

These conditions are governed by and construed in accordance with the laws of England and Wales and you hereby agree to the submit to the exclusive jurisdiction of the Courts of England and Wales.

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24. Our details

GoSpoken.com is the trading name for Spoken Entertainment Limited, " Bath Place, Rivington Street, London EC2A 3DB

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RETURNS POLICY

You can return your purchase to us in its original condition within 7 days of the date you received the item, with any packaging in tack and we will issue a full refund for the price you paid for the item.

GoSpoken.com is not obliged to refund your purchase if you return the books outside of the 7 day period after you have received your books if the book is not defective or damaged.

To ensure the safe return of your items and the correct allocation of the items to your order, please post the books to [insert details for returns].

Shipping and handling charges for returning books must be paid by you. If you are returning an order in excess of £50, then we would suggest that you send the books via recorded delivery to ensure their safe return.

Refunds are typically processed by within 30 days of the your return of the book. The funds will be deposited back in your debit/credit card/paypal account and GoSpoken.com will send you confirmation of the refund via e-mail.

eBook cannot be returned after purchase. If you are experiencing an issue with a download from GoSpoken.com, please contact us [insert details of how to get in touch with you].

This returns policy does not affect your statutory rights.

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APPLICATIONS

Your license to use each Application you obtain through GoSpoken.com is subject to your acceptance of the terms and conditions set out below (Licence) and you agree that the terms of the Licence will apply to each GoSpoken.com application you license. Applications are only intended for use by GoSpoken.com customers only. GoSpoken.com accepts no liability whatsoever for any loss, damage, claim or otherwise suffered by you from the use of any Application.

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SYSTEM REQUIREMENTS

In order to access and download Applications so as to facilitate transactions made through it with GoSpoken.com you are subject to GoSpoken's standard terms and conditions (see above) and you must ensure that your mobile handset is compatible. To check if you handset is compatible please test your handset by downloading an extract of the eBook you wish to purchase for free. Use of any Applications requires a compatible device such as and may require obtaining updates or upgrades from time to time. Because use of an Application involves hardware, software, and Internet access, your ability to use the GoSpoken.com service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The GoSpoken.com service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the GoSpoken.com service.

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