These terms and conditions are set by British law.
"Conditions" means these terms and conditions;
"Content" means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
"Device" means a machine capable of storing digital material, such as a personal computer, ipad, iphone or Android tablet;
"E-books" means any type of worksheet.
"Free Content" means any Content that is accessible without the payment of a One-Off Fee or Subscription Fee;
"Internet Account" means the internet User account provided by Us upon registration of Your details;
"Order" means an order for goods or services placed by You and accepted by Us;
"Services" means collectively any online facilities, tools, services or information that Fisher Educational Ltd. makes available through the Web Site either now or in the future;
"System" means any online communications infrastructure that Fisher Educational Ltd. makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities, forums and email links;
"Users" means the Users of the Website collectively;
"User Information" means the details provided by You on any application to Use the Services via the Website;
"We/Us/Our" means the Website located at https://www.10Tickers.com or any subsequent URL which may replace it, and any sub-domains of this site; and
"You/Your" means a User of the Website.
"These terms and conditions apply to Your Use of the 10Tickers.com Website owned by Fisher Educational Ltd. By accessing this Website, You agree to be bound by the terms and conditions set out below. It is recommended that You print a copy of these terms and conditions for Your own records. If You do not agree to be bound by these terms and conditions, You may not use or access this Website. We reserve the right to modify these terms and conditions at any time. Such modifications become effective immediately upon the posting of the updated terms and conditions. By continuing to use, access or submit materials and/or User Information to the Website You will be deemed to have accepted the revised terms and conditions. If there is anything You do not understand please feel free to e-mail any enquiry to Us at [email protected]
The Web Site is provided “as is” and on an “as available” basis and Fisher Educational Ltd. reserves the right to withdraw, suspend or amend the Service. Fisher Educational Ltd. will not be liable if for any reason the Web Site is unavailable at any time for any period. Fisher Educational Ltd. aims to update the Web Site regularly and may change the Content at any time.
Fisher Educational Ltd. accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
You are responsible for making all arrangements necessary for you to have access to the Web Site and are responsible for ensuring that all persons who access the Web Site through your internet connection are aware of these Terms and Conditions and that they comply with them.
The Website may be used only for lawful purposes by those wishing to access the materials on or order products via the website. 10Tickers.com acts as a passive conduct for the ordering, online distribution and publication of educational information and materials prepared by Us ("the Material").
agree not to use the Website (or any part thereof) for any illegal purpose and agree to use it in accordance with all relevant laws;
agree not to upload or transmit through the Website without limitation, any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
will not use the Website in any manner which violates or infringes the rights of any person, firm or company or the rights thereof (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
will not attempt any unauthorised access to any part or component of the Website; and
agree that in the event that You have any right, claim or action against any other User arising out of that User's use of the Website, then You will pursue such right, claim or action independently of, and without recourse to Us.
You agree to be fully responsible for all claims, liability, damages, losses, costs and expenses, including legal fees on a full indemnity cost basis, suffered by Us and arising out of any breach of the Conditions by You or any other liabilities arising out of Your use of the Website, or the use by any other person accessing the Website using Your Internet account.
4) Our Rights
We reserve the right to:
modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to You and You confirm that We shall not be liable to You or any third party for any modification to or withdrawal of the Website; and/or
change these Conditions from time to time, and Your continued use of the Website (or any part thereof) following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Conditions have been changed. If You do not agree to any change to the Conditions then You must immediately stop using the Website.
We will use Our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because You cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.
We reserve the right to withdraw any Services from the Website at any time and/or remove, screen or edit any materials or content on the Website. We may refuse service to anyone at any time in Our sole discretion. We will not be liable to You or any third party by reason of Our doing any of the following: withdrawing any Services from the Website whether or not those Services have been sold; removing, screening or editing any materials or content on the Website.
We reserve the right to expel users and prevent their further access to the Website for violating the Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. We may take any action with respect to user-submitted information that we deem necessary or appropriate in Our sole discretion if We believe it may create liability for Us or may cause Us to lose (in whole or in part) the services of Our ISPs or other suppliers.
By submitting content to any public or non-public area of the Web Site, including message boards, forums, contests, You grant to Us and Our affiliates a royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the licence stated above. You also permit any User to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Website retains any and all rights that may exist in such content.
5) Registration and Password
You are responsible for maintaining the confidentiality of Your information and password. You shall be responsible for all uses of Your registration, whether or not authorised by You. You agree to immediately notify Us of any unauthorised use of your registration or password.
6) Third Party Links
In an attempt to provide increased value to Our Users, We may provide links to other websites or resources. You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, goods or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.10Tickers.com without Fisher Educational Ltd’s prior permission, provided that:
you do so in a way which is fair and legal and does not damage the reputation of Fisher Educational Ltd or take advantage of it,
you must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of Fisher Educational Ltd where none exists; and
Deep linking (i.e. links to specific pages within the site) requires the express permission of Fisher Educational Ltd. To find out more please contact Fisher Educational Ltd by email at info(at)10Tickers.com.
Fisher Educational Ltd reserves the right to withdraw linking permission without notice.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that We deem appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials from the Website).
8) Your Personal Data / Data Protection
We confirm that any personal details which You provide to Us (or which are available on public registers) from which We can identify You are held in accordance with Our Data Protection Registration Notification. When You register with Us We consider the information You provide as private. We Use the information for the following purposes:
processing Your Account and any Orders;
for statistical purposes to improve the service We give to You;
to administer Our business;
unless You have already objected during the registration process, to notify You of products or services that may be of interest to You; and
unless You have already objected during the registration process, to be disclosed to other members within Our organisation and also to other relevant third parties, who may contact You about their products or services that may be of interest to You.
If You do not want Us to notify You about products and services that may interest You, or You do not wish Us to transfer Your data to third parties so that they can contact You about their products or services, and have not objected during the registration process, please write to Us at Fisher Educational Ltd, The Cube, Coe St, Bolton, BL3 6BU, United Kingdom stating Your full name, address, Your e-mail address, Your home / mobile phone number, any other relevant details, and notify Us accordingly.
Subject to Your rights of objection set out above, and Your right of objection in the registration process, You agree that You do not object to Us or third parties contacting You for any of the above purposes whether by e-mail, in writing, by SMS or by any other means, and You confirm that You do not and will not consider any of the above as being a breach of any of Your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.
In the event that Your personal information is no longer used by Us for the purposes described in this document, We will delete it except insofar as it is necessary to retain such information to comply with other relevant or applicable law.
In the event that Your personal data becomes untrue, inaccurate or incomplete, or in any event, You have the right to access Your personal data and may rectify the same.
You should be aware that if We are requested by the police or any regulatory or government authority investigating suspected illegal activities to provide information concerning You, We shall do so. We also reserve the right to disclose individually identifiable information to third parties where a complaint arises concerning Your dealings with Us, and those dealings are deemed by Us inconsistent with these Terms.
We may disclose to third parties aggregated data on Our customers, provided that a single individual is not identifiable in such data.
9) Intellectual Property and Right to Use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in the content supplied via or as part of the Website shall remain at all times vested in Us. You are permitted to use the content only as expressly authorised by Us.
You acknowledge and agree that the Material and Free and Paid content contained within the Website, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code provided by Us to You is made available for Your personal non-commercial use only. Any other Use of the Material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
If You, either on behalf of a school or other teaching establishment or in your capacity as a student, should choose to download the Material such a download facility is made available for Your non-commercial use only and you may download the Material onto your computer hard drive ALWAYS PROVIDED THAT the computer onto which You download the Material is NOT connected to an intranet network which is capable of being accessed via the internet. You shall be permitted to deal with the Material in accordance with the terms of Clause 9.2 only. In addition to the allowable usage detailed in Clause 9.2, We will allow you to make a number of copies of the Material for use only within your school or teaching establishment reasonably necessary to allow the proper education of the pupils.
In addition to the allowable usage detailed in Clause 9.2, We will allow You to make copies of the Material for other teachers who are employed by the same school or teaching establishment.
If You (on behalf of a teacher training college) should choose to download the Material in accordance with the provisions of Clause 9.3.1, in addition to the allowable usage detailed in Clause 9.2, We will allow You to make copies of the Material for those student teachers who may in turn only use the Material for their own personal use and for as long as the same shall remain registered and under the supervision of Your particular teacher training college. Any student teacher will be permitted to make copies and use the Material in whichever school or teaching establishment in which they train PROVIDED THAT that particular school or teaching establishment has also purchased the Material from Us.
Any contract for purchases made through the website will be with Fisher Educational Ltd, whose registered office is situated at Fisher Educational Ltd, Fisher House, 20 Kingwood Ave Bolton, BL1 5JA, company registration number 3668099 (Fisher Educational Ltd).
Fisher Educational 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 Fisher Educational Ltd will confirm that your order has been received by sending an email to you at the email address you provide in your registration form. The shipment email will include your name, the order number and the total price. Fisher Educational Ltd 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.
Fisher Educational Ltd are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the goods appearing on our website. If an error or inaccuracy is discovered with regards to the advertised price of the goods that you have ordered, we will contact you as soon as possible by email. This will be to inform you of the correct price of the goods, and to ask you if you wish to continue with the order at the amended price, or to cancel the order altogether.
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.
You may withdraw your order for goods at any time up to the end of the fourteenth working day after you have received the goods. You do not need to give Fisher Educational Ltd any reason for withdrawing your order nor will you have to pay any penalty.
The only circumstance in which you cannot withdraw your order is where you have damaged/soiled the goods so they cannot be resold.
To withdraw your order you must notify Fisher Educational Ltd in writing at the through the contact form at 10Tickers.com.
If you have received the goods before you withdraw your order then, you must send them back to the Fisher Educational Ltd return address at your own cost and risk, unless the goods were supplied faulty or damaged. If you withdraw your order but Fisher Educational 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 Fisher Educational Ltd at the Fisher Educational Ltd return address (Fisher Educational Ltd. The Cube, Coe Street, Bolton, BL3 6BU) at your own cost and risk as soon as possible.
Once you have notified Fisher Educational Ltd that you are withdrawing your order, any sum debited to Fisher Educational Ltd from your credit card will be re-credited to your account within fourteen days of us receiving the goods back to the return address in 10.2.4.
Returns to the address in 10.2.5 can only be made for purchases from the 10Tickers.com website.
Availability of Goods You Order
In some circumstances, we may place a limit on the number of copies of a particular book or product, or series of books or products, that you can order. This may, for example, be where we have limited stocks of a particular book or product, or otherwise. Where we are aware of this, we will notify you. Whether or not we have notified you before you have placed an order, if Fisher Educational Ltd has insufficient stock to deliver some or all of the goods ordered by you, or where you have ordered or sought to order (whether in one transaction or multiple transactions, and whether from one or more customer accounts) goods in excess of any quantity limits we have imposed, we will notify you as soon as possible of which parts of your order we will accept and which we will reject. Sums debited (if any) by Fisher Educational Ltd from your debit or credit card, or from any other source of payment in respect of goods we are unable or unwilling to supply to you will be re-credited to your account and Fisher Educational Ltd will notify you by email at the address given by you in your order form of which orders have been satisfied and which have been rejected. Any refund will be made as soon as possible and in any event within 30 days of your order. Fisher Educational Ltd will not be obliged to offer any additional compensation for disappointment suffered.
Delivery of Goods to You
Fisher Educational Ltd will post, or arrange a courier on your behalf, for the goods ordered by you to the person and address you give Fisher Educational Ltd at the time you make your order. For goods delivered outside of the EU, the consignee (ie the person to whom the consignment is sent) will be the declarant and importer into the country for which the consignment is destined. The consignee will be responsible for both customs clearance and payment of customs duties and local taxes where required.
Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of dispatch of the order. All delivery times quoted on the website are estimates only, based on availability, normal processing and delivery companies.
You will become the owner of the goods you have ordered when the goods are dispatched to you from our distribution centre.
Customs Charges. If you are ordering goods for delivery outside of the EU, please note that your consignment may be subject to import duties and taxes, which are levied once the goods reach the country of destination. Any such charges levied in relation to customs clearance must be borne by you. It is accepted by you that Fisher Educational Ltd has no control over additional charges in relation to customs clearance. Fisher Educational Ltd recommend that you check with your local customs officials or post office for more information regarding importation taxes/duties that may be applicable to your online order.
We and Our secure payment service providers, use the latest technology to protect Your credit card information and do not release it to any outside organisation. You can place your orders using secure encryption (the Internet standard for secure transactions). Any losses sustained by the transmission of personal information by e-mail or internet links shall be borne exclusively by You.
This is as follows:
If the goods Fisher Educational Ltd delivers are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, Fisher Educational Ltd shall have no liability to you unless you notify Fisher Educational Ltd of the problem, in writing using our contact form within 10 working days of the delivery of goods in question.
If you do not receive goods ordered by you within 30 days of the date on which they were dispatched to you, Fisher Educational Ltd shall have no liability to you unless you notify Fisher Educational Ltd in writing at the Fisher Educational Ltd contact address of the problem within 40 days of the date on which the goods were dispatched to you.
If you notify a problem to Fisher Educational Ltd under this condition, Fisher Educational Ltd only obligation will be, at its option, to make good any shortage or non-delivery; to replace any goods that are damaged or defective; or to refund to you the amount paid by you for the goods in question to the original method of payment, unless such method is no longer valid in which case Fisher Educational Ltd credit note will be issued to the value of the refund due.
Fisher Educational Ltd will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to Fisher Educational Ltd under this condition and Fisher Educational 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 10.5.3 above.
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 Fisher Educational Ltd 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.
Force Majeure. Fisher Educational 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.
Fisher Educational Ltd’s liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising out of any breach of these Terms and Conditions by Fisher Educational Ltd shall be limited to the value of the Order. For all other direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein, to the maximum extent permitted by law, Fisher Educational Ltd accepts no liability. Users should be aware that they use the Web Site and its Content at their own risk
You may send Us notices under or in connection with these Conditions:
by post to Fisher Educational Ltd, The Cube, Coe St, Bolton, BL3 6BU or,
by email to [email protected]
As proof of sending does not guarantee or receipt of Your notice, You must ensure that You have requested and received an acknowledgement from Us which, should it be required, will be sent within 3 working days of Our receipt and should be retained by You.
13 Copyright Notice and Trademarks
All design, text, graphics and the selection or arrangement thereof are the copyright of Fisher Educational Ltd, or of other copyright owners. Permission is granted to electronically copy and print in hard copy portions of this site for the sole purpose of placing an order with Fisher Educational Ltd, or using this site as a shopping resource. Any other use of materials on this site (including reproduction for purposes other than those noted above and modification, distribution, or republication) without the prior written permission of Fisher Educational Ltd is strictly prohibited.
10Tickers, 10Ticks and Boffinsquad are registered trade marks belonging to Fisher Educational Ltd. All other trade marks, product names and company names or logos used in this site are the property of their respective owners. No permission is given by Fisher Educational Ltd in respect of the use of its or any such other trade marks, product names, titles or logos and such use may constitute an infringement of the holder's rights.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by Us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
17) Entire Agreement
These Conditions (as amended from time to time) contain the entire agreement between You and Us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between You and Us in relation to such matters. No oral explanation or oral information given by either of Us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, You have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and You agree that You shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that Your agreement contained in this clause shall not apply in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of these Conditions.
The Conditions shall be governed by and construed in accordance with the laws of England and You irrevocably submit to the exclusive jurisdiction of the courts of England.