Version number: 1.0
Last modified: 2nd March 2023
- Who we are
1.1 We are Poem Solutions Limited trading as “Poem Analysis.” Our company information is at the end of this document.
- What this is all about
2.1 These are the terms and conditions which apply to our Service (explained below). They’re available in English only. We’ve tried to make them user-friendly, but please note that the summaries/explanations for each section in capitals aren’t a substitute for the rest of the text. Please read the entire document carefully and contact us if anything is unclear. Please save a copy, as we don’t file a copy specifically for the transaction with you.
- Some definitions
THIS SECTION TELLS YOU WHAT CERTAIN WORDS MEAN WHEREVER THEY ARE USED WITH A CAPITAL LETTER IN THIS DOCUMENT
- “Consumer” – an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
- Content” – all information of whatever kind displayed, stored or sent on or via our Service.
- “Service” – the service we offer by means of our website and any related services.
- “User” – people or organizations using our Service (whether or not registered with us).
- How you enter a legal contract with us
THIS SECTION TELLS YOU HOW AND WHEN YOU BECOME LEGALLY BOUND BY A CONTRACT WITH US
4.1 When you place an order, you are making an offer to enter a legal contract with us to use our Service.
4.2 You place your order by using the ordering process on our site. This involves sending your order to us by clicking on the “Pay Now” or equivalent button.
4.3 We accept your offer, and there is a binding legal contract when we send you a confirmation email.
4.4 We reserve the right in our discretion for any lawful reason to refuse any request to use our Service.
4.5 By accessing any part of our Service that does not require registration/payment, you are also bound by these terms to the extent they are relevant.
- Consumer legal right to cancel (“cooling off”)
IN SHORT: CONSUMERS MAY HAVE THE RIGHT TO GET OUT OF THE CONTRACT WITHIN THE FIRST 14 DAYS
5.1 If you are a Consumer, you may have the legal right to cancel this contract within 14 days of the start of the contract if you comply with the requirements explained in the Annex at the end of this document.
5.2 However, you lose the right to cancel contracts for the supply of services which have been fully performed, i.e., completed.
5.3 You lose the right to cancel where the supply of digital content began (e.g., you open or download a pdf as determined by our system) before the end of cancellation period with your specific agreement, and you agreed that your right to cancel would be lost in such case.
- Changing these terms and conditions
IN SHORT: WE CAN CHANGE THESE TERMS BUT YOU MAY HAVE CERTAIN OPTIONS IF YOU DISAGREE
6.1 We may change these terms and conditions. We will give you reasonable notice before they take effect by posting them on our website and/or communicating them to you by email or otherwise.
6.2 If you don’t agree to the new terms and the changes are important and not intended to reflect changes to law/regulation, you can email us (to the address below) to end this contract on the day before the new terms take effect.
- Your right to use our Service
THIS SECTION SETS OUT CERTAIN LIMITS ON YOUR RIGHT TO USE OUR SERVICE
7.1 We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you subject to these terms and conditions.
7.2 You may only use any trial period for the purpose of a genuine assessment of the Service. You must not attempt to use the Service for more than one trial period. We can cancel your trial if we find that you have had access to a previous one.
- Behaviour when using our Service
THIS SECTION EXPLAINS THE BEHAVIOUR AND OTHER REQUIREMENTS TO USE OUR SERVICE
8.1 You agree not to do any of the following in connection with our Service:
• break the law or infringe anyone else’s rights;
• send, store, display or link to unlawful, infringing or otherwise inappropriate Content;
• victimise or harass other people;
• use offensive, obscene, abusive, discriminatory or other inappropriate language or images;
• deceive or mislead anyone;
• send, store, display or link to any Content that includes someone else’s personal information unless that person is 18 years or over and you have obtained their written consent or you are otherwise legally permitted to do so;
• impersonate anyone;
• use our Service to help you compete with us or to infringe our rights;
• disrupt our Service, e.g., spam, viruses or phishing;
• interfere with or damage our Service or gain unauthorised access to any part of our system, data, passwords or otherwise;
• intercept or modify communications;
• impose an unreasonable load on our Service;
• get around any security features including those designed to stop copying of Content; or
• attempt, encourage or assist any of the above.
8.2 You agree to:
• comply with the guidance/requirements on our Service; and
• cooperate reasonably with us in relation to our Service.
8.3 You agree to ensure that any contact or other information that you supply to us is accurate and not misleading and you will tell us if there are any important changes.
- Your Content
THIS SECTION CONTAINS CERTAIN PROMISES BY YOU REGARDING YOUR CONTENT AND GIVES US SOME RIGHTS INCLUDING TO REMOVE/DELETE/DISCLOSE THE CONTENT IN CERTAIN CIRCUMSTANCES
9.1 You are responsible for your Content.
9.2 You agree that you have (and will keep) all rights needed to enable us to use your Content as contemplated by the Service and these terms and conditions.
9.3 We are entitled (without telling you or giving you a refund) to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities or our upstream providers.
9.4 We are not legally responsible if your Content is misused by others. You must take reasonable care when deciding which Content to display on or send via our Service.
9.5 We may place advertisements near or within your Content. If so, we retain all revenue from such advertisements.
9.6 It is your responsibility to make your own frequent backups of Content if you want protection if it is lost or damaged. We are not responsible for loss or damage that could have been avoided if you had made a backup (but this doesn’t affect our duties under data protection laws).
9.7 We are entitled to delete your Content if your account has been inactive for at least twelve months or any alternative period we decide.
- Dealing with other Users
THIS SECTION CONTAINS IMPORTANT WARNINGS ABOUT YOUR DEALINGS WITH OTHER USERS AND WHAT TO DO IF YOU ENCOUNTER MISBEHAVIOUR
10.1 We don’t endorse or recommend any Users or their Content. You deal with other Users at your own risk. We are not legally responsible for the accuracy of, or otherwise in relation to, any such Content or for any dealings between Users. Where appropriate, you are responsible for investigating other Users before dealing with them. Don’t assume that any Content from another User is accurate and be aware that people may not be who they claim to be.
10.2 If you encounter any inappropriate Content or behaviour in connection with our Service or if you have any concerns for your safety, you agree to immediately (1) stop communicating with the other person and (2) tell us. Please also use any available blocking mechanisms and seek relevant external help If appropriate (e.g., from law enforcement authorities).
- Our poetry-related services
IN SHORT: YOU RELY ON OUR POETRY ANALYSIS AND ADVICE AT YOUR OWN RISK
11.1 While we aim to provide high quality poetry analysis/advice (including our poetry analysis service and any expert comment-responses), you accept that the meaning of poetry is subjective and generally there is no “right or wrong”. We do not guarantee that our is necessarily “accurate” or suitable for your purpose or that it will help you achieve any particular grade or other outcome. You rely on such information at your own risk.
11.2 We will take reasonable steps to comply with any timescales set out on our website but can’t promise that we will be able to do so.
- Other peoples’ services / advertising / websites
IN SHORT: WE AREN’T RESPONSIBLE FOR ADVERTISING ETC BY OTHER PEOPLE ON OUR SERVICE
12.1 We may display other peoples’ services, advertising and/or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.
- If you create an account on our Service
IN SHORT: YOU ARE RESPONSIBLE FOR YOUR ACCOUNT AND MUST KEEP IT CONFIDENTIAL
13.1 Unless otherwise specifically stated on our Service, your account is for your personal use only. You must not allow any other person to use your account unless we specifically say otherwise.
13.2 You agree to take reasonable care to keep your login information confidential and to tell us immediately of any apparent breach of security such as loss or misuse of a password. You are responsible for unauthorised people who use your account or identity (unless and to the extent that we are at fault).
- Paying us
THIS SECTION COVERS YOUR PAYMENT OBLIGATIONS INCLUDING AUTO-RENEWAL OF SUBSCRIPTIONS AND PRICE CHANGES
14.1 Payment is in advance, either one-off or on subscription. Prices, subscription periods and payment methods are as explained on our Service. The prices shown include any applicable VAT or other sales tax unless we say otherwise.
14.2 If you take out a subscription, You are legally committed to start paying us once we confirm your order unless you end the subscription before any applicable trial period.
14.3 Your subscription will continue to be auto-renewed for the subscription period you signed up to unless you end your subscription with effect from the next renewal date by following the instructions on our Service. Ending your subscription does not entitle you to a refund (unless Consumer cooling off rights apply).
14.4 You authorise us and our payment provider to place a hold on, or charge, your payment card for the relevant amounts or otherwise take payment whenever payments are due in accordance with this agreement. It is your responsibility to update your payment card details as necessary.
14.5 We may at any time change our subscription prices. We will give you notice by email at least one month before any price change takes effect. If you do not agree with the new price, you should end your subscription. Otherwise, the next renewal of your subscription after our notice will be at the new price.
14.6 You must contact us immediately with full details if you dispute any payment.
14.7 If we have mis-priced any part of our Service, we are not obliged to supply the Service at that price provided we notify you. If we do notify you, then you can decide if you want to continue with the Service at the correct price.
14.8 You agree that you are legally bound by the terms and conditions of any payment providers whose services you use on our Service. We aren’t responsible for what they do or don’t do.
- Discount codes
THIS SECTION TELLS YOU HOW YOU ARE ALLOWED TO USE DISCOUNT CODES ON OUR SITE
15.1 You can only use codes to make purchases through the account for which the discount code was offered and registered. You must not sell or transfer codes to anyone else.
15.2 Unless we say otherwise: codes expire after 30 days, they can only be used once for future new orders placed online and you can only use one discount code per transaction.
15.3 We may suspend or cancel codes and/or cancel any relevant purchase and/or close any relevant account if we think that the codes have been used fraudulently, illegally or in breach of our terms and conditions or if a relevant payment is charged back or otherwise cancelled or reversed or if.
15.4 Codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
THIS SECTION SETS OUT THE AMBIT OF OUR SUPPORT SERVICE, IF APPLICABLE
16.1 The Service includes support only if we opt to provide support and, if so, by the specified contact methods. Any support service is only intended to address configuration and proper use of, or any errors or interruptions arising from, our Service.
16.2 Unless we say otherwise, any support that we do opt to provide is only available by email between 9am and 5pm on business days in England and we do not guarantee any particular response times or outcomes. Any response times given are English business hours/days unless we say otherwise. We are allowed to change or withdraw our support service at any time.
16.3 In any event, we aren’t obliged to supply support if you owe us any money or have otherwise broken this contract.
- Ending or suspending this contract
THIS SECTION TELLS YOU WHEN AND HOW YOU OR WE CAN END (OR SUSPEND) THE CONTRACT AND, IF SO, WHAT HAPPENS.
17.1 You are entitled to end this contract at any time by emailing us to the email address shown below. (This doesn’t entitle you to a refund unless you have Consumer “cooling off” rights, explained above.)
17.2 We are entitled to end this contract or suspend part or all of our Service or impose restrictions on our Service if:
• you break this contract;
• any fees payable by you are unpaid or charged back;
• acting reasonably, we think that it is necessary to protect you, us or others;
• we are required to do so by applicable law or regulation or to comply with an order, instruction or request from a competent authority; or
• you or anyone on your behalf acts inappropriately towards us or our staff or agents.
17.3 We are entitled at any time to end this contract if we terminate our Service as a whole if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.
17.4 If this contract ends:
• Your right to use our Service and all licences are terminated.
• We are allowed to delete your Content without telling you.
• Existing rights and liabilities are unaffected.
• All terms in this contract which are stated or intended to continue after termination will continue to apply.
- If our Service doesn’t work properly
IN SHORT: WE DON’T PROMISE THAT OUR SERVICE WILL BE ERROR-FREE
18.1 We do not guarantee that the Service will be uninterrupted or error-free.
18.2 We are entitled without notice and without liability to suspend the Service for repair, maintenance, improvement or other technical reason.
18.3 You acknowledge that technology is not always secure and you accept the risks inherent in use of the Internet or other technology for the purpose of the Service. (This does not affect our duties under data protection laws.)
- Restrictions on our legal responsibility – very important
THIS SECTION LIMITS OUR LEGAL RESPONSIBILITY IN VARIOUS WAYS AND MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES WE SUFFER, EG IF YOU BREAK THE CONTRACT
19.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.
19.2 If you are a Consumer, we shall not be liable for any loss or damage where:
• there is no breach of a legal duty owed to you by us;
• such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
• (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
• such loss or damage relates to a business of yours.
19.3 If you are a Consumer, you will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement or misuse of our Service.
19.4 The following clauses apply only if you are not a Consumer:
• This section sets out our total liability of any kind under or in connection with this contract (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation).
• Our total liability of any kind for any act or omission or series of connected acts or omissions is limited to the total fees paid or payable by you to us in connection with our Service in the 12 months before the first act or omission complained of.
• We shall not be liable for special, indirect or consequential losses.
• We shall not be liable for any of the following (whether direct or indirect): loss of profit; loss of data; loss of use; loss of production; loss of contract; loss of opportunity; loss of savings; or harm to reputation or loss of goodwill.
• We shall have no liability of any kind for any losses to the extent that they result from your breach of this agreement.
• You will indemnify us against all claims and liabilities arising out of or in connection with your use of the Service and/or breach of this agreement (except insofar as we are at fault).
• To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
• This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
- Intellectual property rights (IP)
THIS SECTION CONFIRMS THAT YOU AND WE REMAIN OWNERS OF COPYRIGHT AND OTHER IP RIGHTS IN OUR RESPECTIVE CONTENT AND SETS OUT HOW WE ALLOW EACH OTHER TO USE THE CONTENT
IP in your Content (e.g., your posts/comments on our site)
20.1 You remain the owner of the IP in any Content you provide to us for display on our Service. You allow us to use and adapt all or part of such material however we wish on our Service (including after our contract ends). You waive your “moral rights” in relation to such Content to the extent legally allowed. You also allow each User to use your Content in accordance with these terms and conditions. You give us the right to take any legal action we think necessary if there is an infringement of the intellectual property rights in your Content.
IP in our Content (e.g., on our site, in downloadable PDFs, in poem analysis that we provide you and in expert comment-responses)
20.2 We and/or our partners own the IP in all Content (excluding your Content and that of other Users and any poem created for you by our poem-writing service) used on or in connection with our Service. Let’s call this “our Content”.
20.3 You may view our Content on your device for your private personal, non-commercial and (if you are a business) your internal business use only. Unless these terms specifically allow you to, you must not otherwise use all or any part of our Content including by copying, publishing (on the Internet or otherwise), selling or altering it, taking extracts from it or passing it on to other people, unless we give you clear written permission. You must not misrepresent the ownership or source of our Content, for example by changing or removing any legal notices or author attributions.
20.4 You must not collect, scrape, harvest, frame or deep-link to our Content without our specific prior written consent.
- Your personal information
- Things we can’t control
IN SHORT: WE AREN’T RESPONSIBLE FOR “ACTS OF GOD”
22.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.
- Transferring this contract to someone else
IN SHORT: WE CAN PASS THIS CONTRACT TO SOMEONE ELSE BUT YOU NEED OUR PERMISSION TO DO LIKEWISE
23.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
- English law and courts
IN SHORT: ENGLISH LAW APPLIES AND ONLY UK COURTS CAN ADJUDICATE ON DISPUTES
24.1 This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a Consumer to rely on such mandatory provisions of local law.
HERE ARE SOME FINAL BUT IMPORTANT POINTS THAT APPLY
25.1 We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement make any party as agent, employee or representative of the other.
26.1 If you have any complaints, please contact us via the contact details shown below.
- Information about us
27.1 Company name: Poem Solutions Limited
27.2 Trading name: “Poem Analysis”
27.3 Country of incorporation: England and Wales
27.4 Registered number: 10883994
27.5 Registered office and contact address: International House, 24 Holborn Viaduct, City Of London, London EC1A 2BN, UK.
27.6 Contact email address: email@example.com
27.7 Other contact information: See our website/contact page
27.8 VAT number: GB 409 5639 74
ANNEX – COOLING OFF
YOUR LEGAL RIGHT TO CANCEL
The following applies if you are a Consumer and have the legal right to cancel this contract (as explained above).
Right to cancel
- You have the right to cancel the contract within 14 days without giving any reason.
- The cancellation period will end after 14 days from the day when we enter a legal contract with you (as explained above – “How you enter a legal contract with us”).
- To exercise the right to cancel, you must tell us Poem Solutions Limited, International House, 24 Holborn Viaduct, City Of London, London EC1A 2BN, UK (email address above) of your decision to cancel the contract by a clear statement (e.g., a letter sent by post or e-mail). You may use the model cancellation form below, but you don’t have to.
- To meet the cancellation deadline, you must send your communication telling us you want to cancel before the cancellation period ends.
Effects of cancellation
- If you cancel the contract, we will refund to you all payments received from you.
- The refund will be made without undue delay, and no later than 14 days after the day we receive your notice to cancel the contract.
- We will make the refund using the same means of payment you used for the initial transaction, unless you expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund.
- If you ask us to start performing the services during the cancellation period, you must pay us an appropriate proportion of the payment to cover services performed until the point when you tell us you want to cancel the contract.
MODEL CANCELLATION FORM
Complete and return this form only if you wish to cancel the contract:
— To Poem Solutions Limited, International House, 24 Holborn Viaduct, City Of London, London EC1A 2BN, UK (email address above) (email address above):
— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],
— Ordered on [*]/received on [*],
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate