In this Agreement the following words and expressions shall have the following meanings:-
“JerraldHayes.com” means Jerrald Hayes of 138 Waterville Road, Avon CT 06001
“Digital Goods” means any intangible digital product or service sold and delivered by “JerraldHayes.com” in the form of a one-off or recurring subscription payment.
“Store” means any web based service operated by “JerraldHayes.com” for the purposes of marketing and retailing digital goods.
“Customer” means you the person purchasing “Digital Goods” from “JerraldHayes.com”
“Author” means the person that has the Intellectual Property rights or rights to sell the “Digital Goods” via the “Store”
Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
Conditions of Sale
These Conditions of Sale govern the sale of “Digital Goods” by “JerraldHayes.com” to the “Customer”.
1. The Contract
When you purchase “Digital Goods” from “JerraldHayes.com” via any of our “Store” venues you will be required to click the “I Agree” tick box to complete the order. By clicking the “I Agree” tick box you are accepting these terms and conditions of sale. The contract for the purchase of any “Digital Goods” will be between the “Customer” and “JerraldHayes.com” and will only be formed when “JerraldHayes.com” make the “Digital Goods” available for download or provide access to a subscription service, and we have received payment in full for the “Digital Goods”. Until we make the “Digital Goods” available for download or provide access to a subscription service and receive payment in full there is no contract between the “Customer” and “JerraldHayes.com” for the “Digital Goods”. “JerraldHayes.com” reserves the right, at our sole discretion to reject any order we receive. By placing an order with “JerraldHayes.com” you agree you are:-
- legally capable of entering into binding contracts
- at least 18 years old or are aged 16-18 and have read these terms of sale together with your parent and/or guardian who has explained these conditions of sale to you so that you fully understand them
2. Cancellation and Refunds
By purchasing “Digital Goods” from “JerraldHayes.com” who are based in the U.S. the “Customer” if also based in the U.S. is bound by the U.S. Consumer Contracts Regulations. By downloading any “Digital Goods” from “JerraldHayes.com” the “Customer” is waiving their rights to any cooling-off period.
All sales of “Digital Goods” are final. Refunds for any “Digital Goods” sold by “JerraldHayes.com” will only be considered for a refund if any of the following conditions apply:-
- The “Digital Goods” were incorrectly described in the “Store”
- The “Digital Goods” are proven to be defective
All refunds will only be issued to the transaction ID related to the sale of the “Digital Goods”.
– 2.1 Subscriptions
“Digital Goods” sold via a recurring daily, weekly, monthly or yearly payment can be canceled at any time by accessing the download link in the receipt email and clicking ‘manage subscription’. “JerraldHayes.com” will not provide the “Customer” with a refund for a cancellation that is part-way through a billing period. In the event that a recurring payment fails due to an expired credit or debit card “JerraldHayes.com” reserves the right to suspend access to the service whilst payment details are updated or the subscription is canceled. “Customer”‘s can update the credit or debit card used to pay for their subscription by accessing the download link in the receipt email and clicking ‘manage subscription’.
3. Price and Payment
The price of any “Digital Goods” will be as quoted on the “Store” at the then current time, except in the case of obvious error. This price will include legally applicable VAT. The “Customer” agrees they may have to provide their country of residence during the order process for the purposes of calculating the correct amount of VAT to apply to the order. We will not accept any offers for “Digital Goods” other than at the then current price. Payment for all “Digital Goods” is processed securely by various third-party payment gateway services and will be handled in the currency advertised on the “Store”.
– 3.1 Subscriptions
For “Digital Goods” sold via a recurring daily, weekly, monthly or yearly payment you hereby authorize “JerraldHayes.com” to charge your credit or debit card in future based on the billing period advertised. Where the recurring payment date does not recur in a particular period (e.g., 31 January, but there is no 31 February), the “Customer” will be charged on the closest preceding date to the payment date (e.g., 28 February) for that period.
“Digital Goods” are delivered to the “Customer” by a choice of methods:-
- via download to the “Customer”‘s personal desktop computer
- via download to the “Customer”‘s personal mobile device, either directly or using our optional free iOS download app if using an Apple device
- via transfer to the “Customer”‘s Dropbox account
You hereby agree to download “Digital Goods” for private, non-commercial use only and that you will not copy, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or transfer the “Digital Goods” to anyone else. Nothing in these conditions of sale grants the “Customer” any rights other than those expressly set out herein. These terms do not grant the “Customer” any rights in relation to the synchronization, public performance, promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of any “Digital Goods”. Any breaches of these terms will be pursued to the full extent of the law.
– 4.1 Subscriptions
When purchasing “Digital Goods” in the form of a subscription service the “Customer” will be emailed access details upon receipt of payment in full for the first subscription period, be that daily, weekly, monthly or yearly. Access to the service will continue until either canceled by the “Customer” or “JerraldHayes.com”.
5. Customer Requirements
In order for the “Customer” to access the “Digital Goods,” the “Customer” is required to have:-
- an internet connection
- a personal desktop computer or mobile device capable of opening the “Digital Goods”
6. Email Communications
In the process of purchasing “Digital Goods” from “JerraldHayes.com” the “Customer” email address will be subscribed to the “JerraldHayes.com” general email list. “JerraldHayes.com” also passes on the “Customer” email address to its “Author”‘s own email lists if they have asked “JerraldHayes.com” to do this on their behalf. Both subscriptions are opt-in meaning the “Customer” will receive an opt-in email after the sale asking then to opt-in to receive future promotional emails. “JerraldHayes.com” also use the “Customer” email address to issue a one time ‘Order Receipt’ email to upon receipt of a successful order.
Neither party shall 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, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
If any provision of this Agreement 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 this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.
Governing Law and Jurisdiction
These terms shall be governed by and construed in accordance with the law of U.S. and the state of Connecticut and the parties hereby submit to the exclusive jurisdiction of the U.S. & state of Connecticut courts.
To protect your privacy we will not distribute any of your details to third parties other than as already described in section 6 of the Conditions of Sale, unless required to do so by law. “JerraldHayes.com” is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using the “Store”, then you can be assured that it will only be used in accordance with this privacy statement. “JerraldHayes.com” may change this policy by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
– What we collect and how we use the data
We will collect the following information when you purchase “Digital Goods” from the “Store”:-
- Your full name, we use this to identify you in Order Receipt emails and the “Author” may require it to ship a counterpart physical product to you.
- Your email address, we use this to communicate to the “Customer”.
- Your country of residence, we need this to accurately determine what VAT to apply to your order.
- Your address if required to do so for Sales Tax purposes, or if the “Author” requires it to ship a counterpart physical product to you.
- Your IP address, this is required for Sale Tax purposes to help establish your country of residence.
- Your computer or mobile devices OS and Browser, we use this information to better serve content to Customers.
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect and deliver online.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, cookies allow web applications to respond to you as an individual. “JerraldHayes.com” utilises cookies for the following purposes:-
- to track items added to the “Customer” shopping cart.