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TERMS AND CONDITIONS
Introduction 1.1. These Subscriber TERMS AND CONDITIONS (“Terms and Conditions”) constitute a binding contract between you (“Subscriber” or “you”) and The EFL Show Company Limited (“Company” or “we”), regarding the terms under which the Company will provide Subscriber with access to the EFL Show Website (“Website”), EFL Show Website content (“Content”), and ELF Show Services (“Services”). The EFL Show website, content and services shall herein be collectively referred to as the “Website”. 1.2. If you click on the button marked “I accept”, this means that: 1.2.1. You accept these terms and conditions and you agree to abide by them. 1.2.2. You agree that your acceptance of these terms and conditions electronically (by clicking on the button marked “I accept”) has the same legal affect as if you had personally signed your agreement in writing. 1.2.3. As far as permitted by law, you agree that any applicable law will not limit the effect of these terms and conditions because you signed electronically instead of in writing. 1.2.4. You confirm that you have read and understood the terms and conditions. 1.3. Please print a copy of these terms and conditions to keep for your reference.
Friendly summary 1: You accept our terms and conditions. Please read and understand everything before you click on the button that says ‘I accept’. (We’ve tried to make the terms and conditions as clear as possible and not too hard to read. There’s also one of these friendly summaries at the end of each section to help you digest the information. The friendly summaries are not part of the terms and conditions though, so make sure you read and understand all the numbered provisions before agreeing.)
Terminology 2.1. ‘Content’ (or ‘Website Content’) = refers to the entire contents on the website, including, but not limited to all text, pictures, videos, worksheets, audio, and music. 2.2. ‘Services’ = refers to the services on the website and the entire contents, features and functionality 2.3. ‘Subscriber’ = refers to an individual/entity/organisation/institution that has the right to access the website EFLShow.com via a subscription. These terms and conditions also refer to ‘you’ as the user of the website and the subscriber. A subscriber must: 2.3.1. Be 18 years old or, if under the age of 18, must have the permission of a parent or legal guardian to access the website. 2.3.2. Possess the legal right and ability to enter into this agreement which is a binding contract with the company, The EFL Show Limited. 2.4. ‘Subscription’ = refers to a right to use an applicable portion of the website as a subscriber of a free Trial Subscription or Full Subscription where fees apply (see below and in clause 7 in these terms and conditions for details) or other forms of right or fee to access the website. 2.4.1. ‘Trial subscription’ = Refers to the temporary right to access and use part of the website (the first Episode of each of the EFL Show Series including applicable videos and quizzes) for a permissible period (seven days) in accordance with any applicable terms, including but not limited to, acceptance of these Terms and Conditions. 2.4.2. ‘Full subscription’ = Refers to the temporary right to access and use all of the website (all Episodes of all EFL Show series including all videos and quizzes, plus downloadable content such as the worksheets and answers in PDF format) for a permissible period (one month) in accordance with any applicable terms, including but not limited to, acceptance of these Terms and Conditions. 2.5. ‘Virus’ = means any item or device, including but not limited to any software, code, file, or programme, which is designed to prevent, damage, worsen, or otherwise adversely (badly) affect: 2.5.1. the operation of any computer software, hardware or network 2.5.2. any telecommunications service, equipment or network 2.5.3. access to or operation of any program or data including the reliability of any program data, whether by rearranging, altering, erasing any part of the program or data or otherwise 2.5.4. the user experience, including worms, trojan horses, virus, bugs, or any other malware or devices 2.5.5. any other service or device 2.6. ‘Website’ = refers to all content, videos, quizzes, worksheets, published materials, electronic documents, graphic files, information, concepts, functionality, computer code, program interfaces, and any other content and services on the website the EFLShow.com (or any other web address notified by the company to subscribers at any time).
Friendly summary 2: This section is like a mini-dictionary of some of the terms we use. Once you’ve read through these terms, you can then use this section as a reference while you read through the rest of the terms and conditions.
Subscriber Access to Website and Subscriber Obligations 3.1. Subject to the terms and conditions, you (the subscriber) will be permitted limited access to part or all of the website the EFLShow.com 3.2. The amount of the access to the website will be appropriate to the selected subscription type. 3.3. Your access to the website will be non-exclusive, non-sublicencable, non-transferable, and revocable. 3.4. You agree to abide by all rules and regulations set out in these terms and conditions. 3.5. You agree to abide by all rules and regulation that the company may publish at any point. 3.6. You will comply with all applicable local and international laws regarding the use of the website. 3.7. You promise that you are of a legal age to be able to form a binding contract with the company. 3.8. The company has the right to deny any subscriber access to the website if a subscriber does not abide by these terms and conditions or if a subscriber seems likely to not abide by these terms and conditions. This will be at the company’s sole discretion. 3.9. You agree and promise that: 3.9.1. You will not transfer rights of access to the website to another person, group, or any third parties 3.9.2. You will not share your log-in details with others 3.9.3. You will not do anything that could damage or disable the website 3.9.4. You will not do anything that could badly affect any person’s use of the website 3.9.5. You will not access, store, distribute, transmit any viruses 3.9.6. You will not introduce any viruses, trojan horses, worms, or any other device which is damaging to the website 3.9.7. You will not use any robot, spider, or any other such way to access the website 3.9.8.You will not use the website in any way that violates any local or international law or regulation 3.9.9. You will not impersonate the company, a company employee, another website user or subscriber, or any other person or entity 3.10. You are solely responsible for obtaining, operating, and maintaining any hardware, software, network connections, and telecommunications that is necessary for you to access the website 3.11. You agree and promise that: 3.11.1. You will not transfer, copy, or modify any part of the website 3.11.2. You will not translate, decompile, or attempt to create source code 3.11.3. You will not download any part of the website except for the downloadable content provided, such as the worksheets 3.11.4. You will not reproduce or create derivative works of any part of the website 3.11.5. You will not lease, sublease, licence, sell, or distribute any part of the website 3.11.6. You will not publically display, publically perform, or republish any part of the website 3.11.7. You will not store or transmit any part of the website 3.11.8. You will not delete or alter copyright, trademarks, logos, or other notices of propriety rights from the website 3.11.9. You will not use the website or services in a way that disregards or breaches any copyright, trademark, or other intellectual property rights.
Friendly summary 3: Have fun using the website but make sure you abide by our terms and conditions. And don’t copy us, damage our website, or steal our material! If you’re naughty and do something bad, we might not let you use the website anymore (which would be a shame because we want you to enjoy it!)
Intellectual Property Right 4.1. The website and all website content, including but not limited to, all text, pictures, videos, worksheets, audio, and music is owned by the company and in some cases other authors of such material.1 4.2. The website and all website content, as described above in 4.1, is protected by copyright laws of New Zealand (copyright act 1994), and international copyright law, and other intellectual property and propriety rights laws. 4.3. All rights are reserved by the company. 4.4. Subscribers have no intellectual property rights to any of the contents of the website. 4.5. The company name and logo are trademarks of the company and cannot be used by any other party without written permission from the company.
Friendly summary 4: It’s our website, not yours! You know that don’t you? However, we thought we’d make that clear here.
Changes to the Website and the Website Content 5.1. We may modify or upgrade the website and the website contents at any time. 5.2. We are not obliged to maintain the website in its present form. 5.3. Any changes to the website will be to improve the website. 5.4. Any changes we make will be at our (the company’s) sole discretion. 5.5. We will either communicate any change to you (and all subscribers) by sending an email to the email address given to the company (at the time of subscribing to the website) or via notifications on the website. 5.6. If it is critical to make a necessary change, we will inform you and explain the reason of the change as soon as practicably possible. 5.7. If a change is beyond our control, we will also inform you of the change as soon as practicably possible. 5.8. We are not obligated to maintain the website or contents but will endeavour to. 5.9. We may monitor the website and oversee compliance but we are not obligated to.
Friendly summary 5: We will make changes to the website and contents occasionally to make improvements and generally maintain it. We don’t have to, but we probably will, because we want it to be great! We’ll tell you if we make any changes of course.
Availability of the Website 6.1. We will make reasonable efforts to make sure the website can be accessed by subscribers except during periods of maintenance, repairs and upgrades. 6.2. You acknowledge that you may not be able to access the website due to causes beyond our (the company’s) control, including, but not limited to any Force Majeure (see provision 19 in these terms and conditions regarding Force Majeure). 6.3. You acknowledge that we may not be able to resolve access to the website if the website is used in a different way to instructions. 6.4. You also acknowledge that we may not be able to resolve access to the website if any changes have been made by a third party (not us). 6.5. If you have subscribed for full access and paid subscription and cannot access the website or any of its contents for more than four consecutive days, we will provide you with a full refund (see provision 8 in these terms and conditions for how to request a refund). This does not apply to the free subscription with partial access. 6.6. You acknowledge that the traffic of data or users through the internet may mean: 6.6.1.slow loading of website 6.6.2.delayed time to download website contents, including, but not limited to, the worksheets and scripts 6.6.3.delayed time to play videos, calculate scores, or scroll down the page 6.6.4.the videos play in low quality 6.7. You will not hold the company liable for any such delays as described in, but not limited to, the list in clause 6.6 6.8. You also understand that the website may not be available 24 hours every day due to standard internet issues which are beyond the company’s control.
Friendly summary 6: Sometimes you might not be able to access our website or the content or things might be running a bit slow. If we haven’t told you we’re making improvements, it’ll most likely be a problem beyond our control, perhaps with the internet or your connection. If you cannot access the website for four days, we can just cancel your subscription and refund you, so just let us know by email if you want to do that.
Subscription and Fees 7.1. You have two (2) options of subscriptions to choose from: 7.1.1. Trial subscription (no fee) You, the subscriber, will have access to the first Episode of each of the EFL Show Series including applicable videos and quizzes for seven (7) days. After seven (7) days this subscription will expire and you will no longer have access to any of the website content. 7.1.2. Full subscription (fees apply) You, the subscriber, will have access to all Episodes of all EFL Show series including all videos and quizzes for one (1) month, plus downloadable content such as the worksheets and answers in PDF format. After one (1) month this subscription will expire and you will no longer have access to any of the website content. 7.2. All terms and conditions apply to both the trial (no fee) and full (fees apply) subscriptions. 7.3. You agree to pay the appropriate fee for the selected paid subscription. 7.4. We may change the subscription fee or remove the trial (no fee) subscription without prior notice. Any subscription that has already started would not be affected. 7.5. You will pay the full fee for the full subscription prior to accessing all content as described in clause 7.1.2 7.6. You will pay the full fee for the full subscription with a valid credit card or debit card and will provide contact and billing details. 7.7. You authorise us, the company, to charge the credit card or debit card provided within one week of the subscription start date or subscription renewal date. 7.8. If for some reason the provided credit card or debit card cannot be charged and the amount owed for the subscription cannot be taken, then the company will either suspend or terminate the subscription until the payment is received by the company. 7.9. You, the subscriber, are responsible for all taxes and duties which are levied due to the transaction of the full subscription, excluding New Zealand income taxes on any company profits.
Friendly summary 7: There are two options of subscriptions for the website, Trial Subscription and Full Subscription. If you would like the Full Subscription, there’s a fee that you must pay (and we need to receive) before you can access all the content.
Refund Policy 8.1. You may cancel your subscription at any time. 8.2. If you cancel within the first 14 days of your subscription, you will receive a full refund. 8.3. If you cancel your subscription, you cannot then renew your subscription or subscribe using another name or another email address.
Friendly summary 8: This is a short section because we want the refund policy to be clear. Basically, if you cancel within 2 weeks you can get your money back.
Termination 9.1. If you or any subscriber disregards and breaches these terms and conditions we, the company, may terminate access to the website and content. 9.2. If the company suspects you have, or any subscriber has, disregarded and breached these terms and conditions we, the company, may suspend or terminate access to the website and content. 9.3. If a subscription is terminated, a refund will not be applicable. 9.4. If a subscription is terminated, you, the subscriber, will have no right to access the website unless given prior approval in writing by the company. 9.5. We, the company, also have the right to take legal action for any illegal or unauthorised use of the website.
Friendly summary 9: If you don’t uphold the terms and conditions we might not let you use the website anymore, which would be a shame. So please comply with the terms and conditions then everyone’s happy.
Disclaimer of Warranties 10.1. Use of website, contents, and any related services is at your own risk. 10.2. The website and all contents are offered ‘as is’ and ‘as available’ without any promises, statements, or warranties. 10.3. The company does not make any promise, statement, warranty or representation regarding the completeness, security, reliability, quality, accuracy, or availability of the website, website contents and services. 10.4. The company cannot and does not guarantee, promise, or make any warranty that: 10.4.1 any part of the website or contents will be accurate or have no mistakes. 10.4.2 any mistakes or defects will be corrected. 10.4.3 the website, contents, or server that provides the website or contents will be free of viruses, bugs, or any other malware. 10.5. The company cannot and does not guarantee, promise, or make any warranty that: 10.5.1 any part of the website will be useful to the subscriber 10.5.2 the website and contents will be appropriate for the subscriber 10.5.3 the website and contents will match the subscriber’s expectations 10.6. The company disclaims that all warranties of any kind including but not limited to any warranties of merchantability, non-infringement and/or fitness for a particular purpose. 10.7. Any representations, information or advice by the company does not and will not create a warranty or add to this one.
Friendly summary 10: We don’t guarantee that this website is perfect in every way, and we don’t guarantee the website the right thing for you. We hope you like it though!
Third-Party Links 11.1. The website may contain links to other websites. 11.2. We may not have approved some links on the website. 11.3. We are not responsible for any links that appear on the website. 11.4. We are not responsible for any content that appears from any such third party websites. 11.5. We do not monitor linked third party websites. 11.6. We may not agree with any information found on third party websites. 11.7. Any subscriber who accesses any links to third-party websites does so at their own risk.
Friendly summary 11: Basically, if you click on any link and go to another website you are leaving the world of ELFShow and going to someone else’s website which is nothing to do with us. Therefore, we are not responsible for any links on the website.
Limitation of Liability 12.1 To the maximum extent permitted by law, in no event shall the company, its licensors, affiliates, employees, agents, officers or directors be liable to you or any third-party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, loss of data, or loss of profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the website or of any website referenced or linked to from our website. 12.2 You will be responsible for all claims and damages resulting from the misuse of the website by you.
Friendly summary 12: It is unlikely that any damages or losses will occur because you used our website, however, we won’t be liable for any unless the law dictates otherwise.
Indemnity, Injunctions, Equitable Relief, Waiver and Amendment 13.1. If you (the subscriber) breach any part of this agreement: 13.1.1. you will defend and compensate us (the company) and all parties within, from any damages, expenses and losses, if the breach of agreement results in any action, claim or demand by a third party or yourself. 13.1.2. we may take legal action to prohibit any further violation of these rights. 13.2. If you (the subscriber) breach any propriety rights or intellectual property rights provisions set out in these terms and conditions, then we may: 13.2.1. pursue an injunction to force you to stop the action that is breaching these rights. 13.2.2. take legal action to prohibit any further violation of these rights. 13.2.3. seek other support the company may be legally entitled to. 13.3. You acknowledge that any breach of any part of the propriety rights or intellectual property rights provisions may cause damages to the company which cannot be repaired and which there is no adequate compensation for. 13.4. You acknowledge that any resolution will be cumulative and not exclusive. 13.5. If you do not abide, or seem not to abide, to any of these terms and conditions, and the company do not enforce: 13.5.1. correct adherence to the terms and conditions, this will not relieve you from the obligation of full compliance with the terms and conditions. 13.5.2. any right of remedy as per the terms and conditions, this will not constitute a waiver of any rights or remedies. 13.6. Any waiver by the company of these terms and conditions will be expressly stated and will be in writing.
Friendly summary 13: Basically, please just stick to the terms and conditions. If you violate any part of them we may have to take legal action. We really hope we don’t have to, because we much prefer being nice!
Changes, Assignment, and Survival of these Terms and Conditions 14.1. We may amend these terms and conditions at any time. 14.2. Any changes will be effective as soon as they are posted on the website. 14.3. If you continue to use any part of the website or contents, then you agree and accept all changes to the terms and conditions. 14.4. You may not transfer these terms and conditions to any other party. 14.5. If may transfer these terms and conditions or subcontract obligations, if we do, we will let you know by posting a message on the website. 14.6. Any notification of changes to the terms and conditions will be notified to subscribers by email and via our website. 14.7. We will not change any provisions that determine the primary obligations of subscribers or the company in this contractual agreement. 14.8. All provisions regarding or relating to any of the following (see points a – j below) shall survive and therefore continue indefinitely after these terms and conditions have expired. a) Property rights and propriety rights b) Payments c) Confidentiality d) Disclaimer of waiver e) Indemnification f) Limitation of liability 14.9. If your subscription ends early for whatever reason, clause 14.8 still applies.
Friendly summary 14: While you are using the website, these terms and conditions apply to you. You can’t pass the responsibility to follow them onto someone else. If we make any changes to the terms and conditions we’ll let you know. And remember that some parts of the terms and conditions (points [a] to [f]) will go on forever once you start using the site!
Notices 15.1. Notices to us, the company, can be sent by email to firstname.lastname@example.org and by post to the main offices of the EFLShow Company Ltd. 15.2. Notices to you, the subscriber, can be sent by email to the email submitted when subscribing. 15.3. We may and can announce any notices through the website. 15.4. Any notices or communication as specified in these terms and conditions will be deemed delivered and received: 15.4.1. On the date if emailed. 15.4.2. Three days after posting on the website. 15.4.3. Five working days after posting nationally in New Zealand. 15.4.4. Ten working days after posting internationally.
Friendly summary 15: You can send us emails when you need to. We can send you emails also, however we may just put the notice on the website, so if you see a notice on the website make sure you read it.
Governing Law and Venue 17.1. These terms and conditions shall be governed, construed, and enforced by the laws of New Zealand. 17.2. You agree and accept that any legal action or legal proceeding will be brought to the courts of New Zealand. 17.3. Any dispute arising out of these terms and conditions will be resolved exclusively in the courts of New Zealand. 17.4. You waiver any objection to jurisdiction, legal venue, or forum non-conveniens. 17.5. If any matter is taken to a court of law of appropriate jurisdiction and any relevant part of the terms and conditions proves to be contrary to applicable law, the relevant provision can and will be changed and interpreted so to achieve the aim of the original provision as accurately as possible and to the fullest extent permissible by law. The remaining provisions of these terms and conditions will remain in full effect. 17.6. If you subscribed and are using the website or website contents in a country of the European Economic Area (EEA) or European Union (EU), then any actions arising from these terms and conditions will be governed by the laws of the EEA or EU member state or country if your true, principal and permanent domicile (home).
Friendly summary 17: We hope we don’t have to use legal proceedings, and we hope you don’t also, but if any legal proceedings occur it will be via New Zealand law (unless you’re in the EU or EEA). If any other law is used, any part of the terms and conditions may be changed for suitability and accuracy.
Geographic Restrictions 18.1. Although the website might be accessible globally the company does not necessarily deem the website contents appropriate for all individuals or societies. 18.2. The company does not guarantee that the entire contents of the website can be accessible in every country outside of New Zealand. 18.3. Accessing the website from territories where the contents are illegal, banned or prohibited is against these terms and conditions and strictly prohibited in general.
Friendly summary 18: You might not be able to access the site everywhere in the world, but if you can, please respect the culture of where you are. Don’t access the site if it goes against the culture or is prohibited where you are.
Force Majeure 19.1. The company will not be liable or responsible if it fails to execute or complete any of its obligations caused by events beyond reasonable control of the company (a force majeure) including but not limited to: a) Restrictions of law, regulations, orders, or other governmental directives, or labour disputes b) Third-party mechanical or other equipment breakdowns, fibre optic cable cuts, interruption or failure of telecommunications or digital transmission links, or Internet failures or delays c) Terrorist attacks d) Fire, explosions or storms e) Acts of God
Friendly summary 19: There are things that could happen that we have no control over and that might affect the website or our ability to run the company properly. In any of these cases, if possible we would do all we can to try and keep the website going though and stick to these terms and conditions!
Complete Understanding 20.1. These terms and conditions and accompanying policies constitute the only agreement between the subscriber (you) and the company, around the use of the company’s website. 20.2. This agreement supersedes all prior agreements, or understanding of agreement, between the subscriber (you) and the company, around the use of the company’s website.
Information About the Company 21.1. The website ELFShow.com is operated and owned by the company The EFL Show Company Limited. 21.2. The company The EFL Show Company Limited is located at: c/o Clatworthy Chartered Accountants, 221 High Street, Solway, Masterton 5810 21.3. If you need to contact us for any reason, you can contact us by post to the above address (in 21.2) or via the following email address: email@example.com
Friendly summary 21: The address above is our business address and headquarters. If you’d like to get in touch, it’s best to email us (quicker, easier, and cheaper for you!)
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