Terms & Conditions
By submitting an order, you are accepting the Terms and Conditions of the Strategies of the Serengeti web site. Please note that our terms and conditions come in 2 parts - Part I applies to purchases of physical goods (eg books, prints etc) and Part II which applies to purchases of Digital Services (eg PDF downloads).
Part I: Terms and Conditions for the Supply of STRATEGIES OF THE SERENGETI Physical Goods
Strategies of the Serengeti is published by Neos Publishing, a division of Neos Learning Limited
1) The Contract Between Us
a. NEOS LEARNING LTD must receive payment of the whole of the price for the goods that you order before your order can be accepted, and the contract formed. Once payment has been received NEOS LEARNING LTD will confirm that your order has been received by sending an email to you at the email address you provide in your order form. The shipment email will include your name, the order number and the total price. NEOS LEARNING LTD 's acceptance of your order brings into existence a legally binding contract between us on these terms. Any term sought to be imposed by you in your order will not form part of the contract.
b. NEOS LEARNING LTD are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the goods appearing on our web site.
a. The prices payable for goods that you order is as set out in our web site, including VAT where appropriate.
b. You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations.
c. All Card payments are processed for you by SECPAY Limited. It will make a handling charge to you of 2.5% of the transaction amount (excluding gift vouchers and ticket sales). The remaining 97.5% will be paid to NEOS LEARNING Ltd for the goods. The total amount payable by all customers, regardless of the method of payment, will be the same.
3) Withdrawal By You From The Contract
If you are an individual and are not buying goods on behalf of a business, there are certain circumstances in which you may withdraw from the contract and these are set out here. This right to withdraw does not apply to business buyers.
a. You may withdraw your order for goods at any time up to the end of the twenty first working day after you have received the goods. You do not need to give NEOS LEARNING LTD any reason for withdrawing your order nor will you have to pay any penalty.
b. The only circumstances in which you cannot withdraw your order are where you have taken the goods you have ordered (or the ones in relation to which you want to withdraw) out of the sealed package in which they were delivered.
c. To withdraw your order you must notify NEOS LEARNING LTD in writing at the address set out in the NEOS LEARNING LTD returns section of this STRATEGIES OF THE SERENGETI Web site.
d. If you have received the goods before you withdraw your order then, unless you have lost your right to withdraw because you have taken the goods out of their sealed package, you must send them back to the NEOS LEARNING LTD contact address at your own cost and risk. If you withdraw your order but NEOS LEARNING LTD has already processed the goods for delivery and you have received them, you must not unpack the goods when they are received by you and you must send the goods back to NEOS LEARNING LTD at the NEOS LEARNING LTD contact address at your own cost and risk as soon as possible.
e. Once you have notified NEOS LEARNING LTD that you are withdrawing your order, any sum debited to NEOS LEARNING LTD from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by NEOS LEARNING LTD in the condition they were in when delivered to you.
4) Availability Of Goods You Order
If NEOS LEARNING LTD has insufficient stock to deliver the goods ordered by you, we will notify you as soon as possible and any sum debited by NEOS LEARNING LTD from your credit card will be re-credited to your account and NEOS LEARNING LTD will notify you by email at the address given by you in your order form. The refund will be made as soon as possible and in any event within 30 days of your order. NEOS LEARNING LTD will not be obliged to offer any additional compensation for disappointment suffered.
5) Delivery Of Goods To You
a. NEOS LEARNING LTD will deliver the goods ordered by you to the address you give NEOS LEARNING LTD for delivery at the time you make your order. NEOS LEARNING LTD are entitled to make deliveries by installments or partial deliveries.
b. Delivery will be made as soon as possible after your order is accepted . All delivery times quoted on the web site are estimates only, based on availability, normal processing and delivery companies.
c. You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and NEOS LEARNING LTD will not be liable for their loss or destruction.
This is as follows:-
a. If the goods NEOS LEARNING LTD delivers are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, NEOS LEARNING LTD shall have no liability to you unless you notify NEOS LEARNING LTD in writing at the STRATEGIES OF THE SERENGETI contact address of the problem within 10 working days of the delivery of goods in question.
b. If you do not receive goods ordered by you within 30 days of the date on which they were dispatched to you, NEOS LEARNING LTD shall have no liability to you unless you notify NEOS LEARNING LTD in writing at the STRATEGIES OF THE SERENGETI contact address of the problem within 40 days of the date on which the goods were dispatched to you.
c. If you notify a problem to NEOS LEARNING LTD under this condition, NEOS LEARNING LTD 's only obligation will be, at its option:- to make good any shortage or non-delivery; to replace or repair any goods that are damaged or defective; or to refund to you the amount paid by you for the goods in question in whatever way NEOS LEARNING LTD chooses.
d. NEOS LEARNING LTD will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to NEOS LEARNING LTD under this condition and NEOS LEARNING LTD shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under paragraph (c) above.
e. Nothing in this condition is, however, intended to limit any rights you might have as a consumer under applicable local law that may not be excluded nor in any way to exclude or limit NEOS LEARNING LTD 's liability to you for any death or personal injury resulting from its negligence.
Nothing in this contract creates any right which is enforceable by any person who is not a party to the contract
7) Force Majeure
NEOS LEARNING LTD shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.
If any part of these conditions is unenforceable (including any provision in which NEOS LEARNING LTD excludes its liability to you) the enforceability of any other part of these conditions will not be affected.
NEOS LEARNING LTD operate a complaints handling procedure which is used to try to resolve disputes when they first arise. If you have a complaint, please contact us at the following address:
NEOS LEARNING LTD
2 Bulkeley Close, Englefield Green, Surrey, United Kingdom, TW20 0NS
10) Governing Law
The contract between us shall be governed by and interpreted in accordance with English law, and the English courts shall have jurisdiction to resolve any disputes between us.
11) Entire Agreement
These terms and conditions, together with the current STRATEGIES OF THE SERENGETI Web site prices, delivery details and STRATEGIES OF THE SERENGETI and NEOS LEARNING LTD contact details, set out the whole of our agreement relating to the supply of the goods to you by NEOS LEARNING LTD. These terms and conditions cannot be varied except in writing signed by a director of NEOS LEARNING LTD. In particular nothing said by any sales person on behalf of NEOS LEARNING LTD should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by NEOS LEARNING LTD. NEOS LEARNING LTD shall have no liability for any such representation being untrue or misleading.
In these terms and conditions:-
'STRATEGIES OF THE SERENGETI ', ‘NEOS PUBLICATIONS’, ‘NEOS PUBLISHING’, ‘NEOS LEARNING’ and ‘NEOS LEARNING LTD’ each mean NEOS LEARNING LIMITED of 2 Bulkeley Close, Englefield Green, Surrey, United Kingdom, TW20 0NS any connected organisation that actually supplies goods ordered by you and any successor to its business;
'working day' means every day of a calendar year apart from weekends and UK statutory and public holidays;
'us' means STRATEGIES OF THE SERENGETI / NEOS PUBLISHING / NEOS LEARNING LTD and you together; and
'you' and 'your' means the person ordering goods under these terms and conditions
Part II: Terms and Conditions for the Supply of STRATEGIES OF THE SERENGETI Digital Services
All orders for Digital Services made by you and accepted by us (STRATEGIES OF THE SERENGETI / NEOS PUBLISHING / NEOS LEARNING LIMITED) are subject exclusively and strictly to these Digital Services Terms & Conditions of Trade. These Digital Services Terms and Conditions do not apply to orders for Physical Goods.
1.1) All orders for Digital Services made by you through the online store are subject to acceptance by us. We may choose not to accept your order for any reason, but we will tell you if we choose not to accept your order using the contact details provided by you, during our customer service opening times: Monday-Friday, 10:00am-5:00pm GMT
1.2) We may choose to subject your order details to additional security checks after you have submitted your order. Depending on the outcome of these enquires, we may decide to cancel your order.
2) Description of Digital Services & Prices:
2.1) The Digital Service comprises your specified selection of one or a combination of downloadable products available at our online store including, without limitation, digital downloads (excluding Preview). Please read Paragraph 10 carefully since this contains important information about each Digital Service including details about your rights to access and share the downloadable PDF’s.
2.2) After we receive your order, we will acknowledge its receipt by email using the contact details you have provided for that order, and repeat the details, description and price for the items during the order confirmation process. If these differ from the details, description and/or price shown at our online store, please contact Customer Services at email@example.com
2.3) All details, descriptions and prices for the Digital Service appearing at our online store are correct at the time when the information was entered.
2.4) Prices that are reduced for sales and promotions are only valid for the specified period.
2.5) We reserve the right to adjust the price and specification of any item at our online store at our discretion.
3) Right to Withdraw Items:
3.1) We reserve the right to withdraw any items from our online store at any time.
3.2) We will not be liable to you or anyone else for withdrawing any items from our online store, or refusing to process an order.
4) Payment & VAT:
4.1) The total cost of your order is the price of the Physical Goods and any Digital Services you may purchase plus delivery charges, plus UK VAT if applicable, and will be confirmed to you via your 'Order Confirmation' email.
4.2) Payment can be made by most major credit or debit cards. Note that if you are also ordering physical goods at the same time as Digital Services then payment will be debited immediately for the whole order when you press SUBMIT. Note that some payment methods which are not authorized immediately, such as cheque, are not accepted for payment of digital orders.
4.3) You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment, or us or our authorised agents are unable to contact your card issuer, we will not be liable for any delay or non-delivery and we are not obliged to inform you of the refusal.
4.4) We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment.
4.5) The price for the Digital Service as set on our online store includes VAT for EU deliveries and excludes VAT for deliveries outside the EU. The same retail price is charged to all customers. We are not responsible for any other importation taxes, sales taxes or charges that may be levied at the delivery destination. Our VAT number is +44 (0) 783 7099 81
4.6) We are not obliged to provide printed or written VAT receipts on demand, although we may provide this information as a discretionary service.
5) Accessing/Delivery of Digital Service & Risk:
5.1) Access to Digital Services will be provided to you in the form of a URL(s) presented to you in the ORDER CONFIRMATION sent to you following receipt of payment.
5.2) We will use reasonable endeavours to provide you with access to the Digital Service immediately on placement of your order but we cannot accept any liability to you or others for late provision of access to the Digital Service.
5.3) Please take care to prevent others from accessing your ORDER CONFIRMATION and downloading your Digital Service content. It is your responsibility for ensuring that you protect your Digital Service content from theft, damage or access by third parties and we will not be liable for any such damage caused to you after the access URL has been delivered to you. If you enable another person to acquire content, we will not be obliged to provide a refund or provide you with access to the Digital Service content.
5.4) We are only able to provide help during our published opening times, and whilst will use our reasonable endeavours to provide you with this access to the Digital Service we are not liable for lack of access or support for any Digital Service outside of our published opening times.
6) Limitation of Liability:
6.1) To the fullest extent permissible under law, we disclaim any and all warranties of any kind (whether express or implied) in relation to the Digital Services and items accessed or purchased by you through our online store. Your statutory rights as a consumer are not affected.
6.2) Our liability in contract, tort, and negligence, pre-contract or other representations or otherwise arising out of or in connection with these Terms & Conditions of Trade shall be limited in aggregate to all sums paid by you to us.
6.3) In any event, we shall not be liable to you under, or in connection with, these Terms & Conditions of Trade in contract, tort, negligence, pre-contract or other representations (other than fraudulent or negligent representations) or otherwise for any economic loss (including without limitation, loss of revenues, profits, contracts, business or anticipated savings) or for any special or indirect losses whatsoever.
6.4) We do not accept any liability for any damage to your computer system or loss of data that results from Digital Service content, materials or software and we cannot ensure that any files you download from our online store are free of viruses, contamination or destructive features.
6.5) Subject to the other provisions contained in these Terms & Conditions of Trade, our liability is limited to delivery of Digital Service content to the first PC on which you download the content and accept the Licence and we shall not be deemed to be liable for any transfer or access made via any further PC or other medium, including for any upgrades to your hardware that may affect your access to the Digital Service.
6.6) Nothing in these Terms & Conditions of Trade shall exclude or limit liability for death or personal injury resulting from our negligence or that of our agents or employees.
7) Cancellation & Returns:
7.1) Digital Service(s) commence the moment we start processing your order. Due to the exclusive nature of the Digital Service (which means that you are immediately given access to the Digital Service via a URL presented within the ORDER CONFIRMATION) you will NOT be able to make any cancellation or return in relation to any part of the Digital Service once you have pressed SUBMIT to submit your order. For the avoidance of doubt, your right to withdraw from the contract as set out in the Physical Goods Terms and Conditions of Trade DOES NOT apply to any part of the Digital Service.
7.2) You are responsible for ensuring that you have carefully checked that your order reflects accurately the Digital Service(s) that you want to receive before submission and that your computer meets the Minimum Systems Requirements specified in the Digital Service FAQs available from the help section of our online store. Delivery of items specified in your order that you do not want or incomplete delivery or functioning of the Digital Service as a consequence of your failure to observe the Minimum Service Requirements, will not constitute grounds for cancellation, refund or exchange.
7.3) In circumstances where Digital Service content fails to function (other than those specified in Paragraph 7.2 above, and subject always to Paragraph 6, above) we will use our reasonable endeavours to provide you with replacement Digital Service content, but will not issue a refund.
8) Security & Privacy:
9) Your Rights to use the Digital Content:
9.1) You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material subsisting in the Digital Service, its design, structure, graphics, music and audio content and all software and source codes connected with and comprised in the Digital Service (the "Content") shall remain at all times vested in us or our licensors. You are permitted to use the Content only as expressly authorised by us and under any Licence. You acknowledge and agree that the Content comprised within the Digital Service is made available for your personal non-commercial use only.
9.2) Except as expressly set out above, without limitation, you may not do - or allow third parties to do - any of the following without prior written permission from us: broadcast, communicate to the public, transmit, modify, adapt, create derivative works of or in any way commercially exploit any of the Content; remove the copyright, trade mark notice or other rights management or identifier information from any copies of the Content made under these terms and conditions; deep link to or frame any of the Content; interfere with, or in any other way circumvent any copy protection mechanism utilised by us in providing the Content to you or otherwise associated with the Content. For avoidance of doubt, ‘personal non-commercial use’ and ‘broadcast, communicate to the public, transmit’ include the prohibition of e-mailing or otherwise transmitting any image or part of the Digital Service (for example a picture or text for which you have paid) to any third party who has not paid NEOS LEARNING LTD for that image and/or text.
9.3) The settings embodied in the Content you select for purchase are encoded with technology that restricts your use of that Content. These restrictions are notified to you prior to submission of your order via the Digital Service Description. These restrictions include:
Any burn, export or other capability provided to you by way of a Digital Service shall not constitute a grant or waiver of any rights of the copyright owners of Content embodied in the Digital Service.
Any use of the Content that contravenes the above is a violation of copyright under applicable laws and is prohibited.
10) You warrant that:
10.1) you will use the Digital Service only in accordance with these Terms & Conditions of Trade (including any associated Copyright) and only for lawful purposes and in a lawful manner;
10.2) you have a valid card billing address and will be accessing Digital Service content available for that country or region; and
10.3) all information which you provide to us is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to such information.
11) Changes To These Terms & Conditions:
We may change these Terms & Conditions of Trade at any time and will publish their replacement on this Web site.
Each provision of these Digital Service Terms & Conditions of Trade shall be construed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.
These Terms & Conditions of Trade shall be governed by the laws of England and you agree to submit to the exclusive jurisdiction of the High Court of England & Wales.
14) Our Details:
You may contact us via email, by calling the Customer Services team on firstname.lastname@example.org