Terms and conditions of sale

of DrivingSchoolOnline.co.uk

Please read these Terms and Conditions carefully before using this website and purchasing the Service. It is a condition that Supplier is not responsible for any misunderstanding arising as a result of the failure of any Buyer to read these Terms and Conditions.

If you accept all of the terms and conditions, the Supplier is willing to licence its Service to you as a Buyer, including any improvements, amendments and additions thereto. Using this website or placing an order indicates that you accept these Terms and Conditions. If you do not accept these Terms and Conditions, do not place an order or use this website.

1 DEFINITIONS

1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Services from the Supplier and is the person agreeing to these terms. The Buyer will be considered the primary user who will be responsible for the proper adherence to the terms by any Instructor who benefits from the Service.

1.2 "Contract" means the contract between the Supplier and the Buyer for the provision of Services which lasts for an initial period of 1 year and contiunues thereafter unless terminated in accourdance with clause 5.4 and/or 5.5 and incorporates these Terms and Conditions. This Contract becomes binding once the Supplier has set up the software, and payment is received into the suppliers bank account;

1.3 “Renewal Fee” means the fee payable upon the one year anniversary of the Contract in order to continue with the Services. The fee is that notified to the Buyer by the Supplier at the commencement of the Contract. After the one year anniversary the fee is subject to change and any changes will be notified to the Buyer by the Supplier at least 28 days before any subsequent renewal;

1.4 "Services" means the services that the Buyer agrees to buy from the Supplier. The Service is the making available of, by the Supplier, the use of the System;

1.5 “System” means the DSO Web Application;

1.6 "Supplier" means iPeak Designs of 63a Well Street, Hanley, Stoke on Trent, Staffordshire, ST1 3PS that owns and operates DrivingSchoolOnline.co.uk;

1.7 "Terms and Conditions" means the terms and conditions for the provision of Services set out in this agreement and any special terms and conditions agreed in writing by the Supplier;

1.8 "Website" means DrivingSchoolOnline.co.uk;

2 CONDITIONS

2.1 These Terms and Conditions shall apply to all contracts for the provision of Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.

2.2 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.

2.3 Any complaints should be addressed to the Supplier's address stated in clause 1.5.

2.4 Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.

3 ORDERING

3.1 All orders for Services shall be deemed to be an offer by the Buyer to purchase Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.

4 PRICE AND PAYMENT

4.1 The price of the Services shall be that stipulated on the Website.

4.2 The total purchase price, will be displayed in the Buyer’s shopping cart prior to confirming the order.

4.3 After the order is received the Supplier shall confirm by email the details, description and price for the Services.

4.4 Payment of the price must be made in full, before commencement of the Services. Payment must be made without deduction or set-off.

4.5 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of the relevant Service until payment has been received.

4.6 When you purchase any products or services from iPeak Designs or drivingschoolonline.co.uk, you will be provided with a Username and/or Password that will allow you to start to use the Service that you have purchased. 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 immediately notify us of any unauthorised use of your account and/or password.

5 PERFORMANCE

5.1 The Supplier shall give the Buyer access to the Services within 48 Hours.

5.2 The Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.

5.3 No warranty is given as to the accuracy of any records that may be generated by the System. In particular, although every reasonable effort has been made to produce what is intended to be a basic set of accounts and other management and statistical analyses, neither the Supplier nor its managers, owners and designers are qualified accountants and the Buyer should seek the support of a chartered accountant in the preparation of a full and individual set of financial accounts where appropriate. It is a condition of use of the Service that the Supplier is not responsible for any errors or omissions in records howsoever caused and the Buyer accepts that the accuracy of records will be affected by (amongst other things) inputs made by the user and by changes in legislation and by software and design limitations.

5.4 The Supplier shall notify the Buyer at least 28 days before the 1 year anniversary of the Contract that the Renewal Fee is payable. Unless payment in full is received into the Suppliers bank account by the 1 year anniversary of the contract, then the Services will cease.

5.5 The Supplier may terminate this agreement (as regards some or all of the Services) or suspend some or all of the Services immediately on written notice if the Buyer breaches any term of this agreement, and/or any payment due remains payable. If any payment has already been made, it will be non-refundable.

5.6 You, as Buyer are responsible for all activity that takes place under any licence that is granted to you. You are also expected to take all reasonable steps that a duly diligent person might be expected to take to protect the Suppliers intellectual property rights. You may not authorise any third party to access and/or use the Service for themselves or on your behalf unless they are registered with and accepted by the Supplier as per the terms of your licence.

6 RIGHTS OF SUPPLIER

6.1 The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.

6.2 The Supplier reserves the right to withdraw the Services from the Website at any time.

6.3 The Supplier shall not be liable to anyone for withdrawing the Services from the Website or for refusing to process an order.

7 COPYRIGHT

You also may not decompile, reverse engineer or otherwise attempt to discover the source code of the System. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the website. Reproduction or redistribution of the System is prohibited without our express written permission. The trademarks and logos displayed on this website are the property of the Supplier or other respective companies. You are not permitted to use the marks without the prior written consent of the owners.

8 CANCELLATION

The Buyer has the right to cancel the Contract, at any time before seven working days has passed from the commencement of the Contract. Notice must be by the way of an email from the Buyer to the Supplier which the Supplier must acknowledge.

9 DISCLAIMERS OF WARRENTIES

All products on this website are supplied “as is”. The Supplier disclaims all warranties, expressed or implied, including without limitation, the warranties of merchantability and of fitness for any purpose. The Supplier assumes no liability for damages, direct, or consequential, which may result from the use of the System (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss). This website and the Service it provides could include technical or other mistakes, inaccuracies or typographical errors. The Supplier assumes no responsibility for errors or omissions in the information, documents or software both on this website or which are referenced by or linked to this website. The Supplier may make changes to the Service, materials and services at this website, including the prices and descriptions at any time without notice.

10 LIMITATION OF LIABILITY

10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

10.2 In no event will the Supplier be liable to you or any third party for any special, incidental, indirect or consequential damages whatsoever (including without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use or the results of the use of the Services, whether or not the Supplier has been advised of the possibilities of such damages. The downloading or other acquisition of any materials through this website is done at your own discretion and risk, and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such materials. It is the responsibility of the customer to check the compatibility and suitability of goods for any particular purpose before ordering. No advice or information, whether oral or written obtained by you from the Supplier or through or from the website shall create any warranty not expressly stated in these Terms and Conditions of Sale.

11 WAIVER

No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this agreement shall prejudice its rights to do so in the future.

12 FORCE MAJEURE

The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire or failure of any communications, telecommunications or computer system, and the Supplier shall be entitled to a reasonable extension of its obligations.

13 SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

14 CHANGES TO TERMS AND CONDITIONS

14.1 The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

14.2 Any renewal of the Services will be subject to the Supplier's then current Terms and Conditions.

15 GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.