Buzzprofits - Terms and Conditions

This page tells you the general terms and conditions on which we supply any of the products or services (Products) listed on our website www.buzzprofits.com (our site) to you. Please read these general terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference. [Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them.] Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

Information about us and contact details: Buzzprofits is a training company and buzz marketing agency; Buzzprofits and www.buzzprofits.com are a division of and operated by Midascode Ltd. We are registered in England and Wales under company number 05916096 and have our registered office at Highland House, Mayflower Close, Chandler's Ford, Eastleigh, Hampshire SO53 4AR. Our main trading address is at 5 The Azure Suites, Churchill Court, 112 The Street, Rustington, West Sussex BN16 3DA. Our United Kingdom VAT number is GB 897 0672 73.

You can contact us at the trading address above or by the following means:
Email: info (at) buzzprofits.com
info (at) midascode.co.uk
Tel: 01903 779538 (Int'l +44 1903 779538)
Fax: 01903 856683 (Int'l +44 1903 856683)

Service availability and export restrictions: Our site is primarily intended for (but not limited to) use by users resident in the USA, Canada, UK, Ireland, Australia, New Zealand and South Africa, although we do accept orders from individuals outside those countries. If we are made aware of any export restrictions placed on the extent to which we accept orders from specific countries we may have to reject your order.

Your status: By placing an order through our site, you warrant that you are legally capable of entering into binding contracts; and that you are at least 18 years old.

How the contract is formed between you and us: After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that your order has been accepted (the Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation.

Consumer rights: We anticipate that you are contracting as part of your or someone else's business in which case no right of cancellation or refund exists. However, if you are contracting as a consumer (i.e. you are not buying in the ordinary course of a business, whether it is your business or someone else's), you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy below. To cancel a Contract as a consumer, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. Whether as a consumer or otherwise, you do not have right to cancel a Contract for the supply of any of the following Products: donwloaded ebooks, and CDs/DVDs where the security seal has been broken. This does not affect your statutory rights.

Availability and delivery: Where the Products are physically delivered (for example, DVDs or CDs), your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Order Confirmation, unless there are exceptional circumstances. The majority of our Products are electronic or subscription based products where delivery is virtually instant with the Order Confirmation. These may take the form of a downloadable document, video or sound file (s).

Membership: If your Product is a membership subscription please refer to the separate Membership Terms for the ongoing terms of use and subscription cancellation. These general terms and conditions apply to your initial purchase.

Price, currency and payment: The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. These prices are in US dollars and include VAT (if applicable) but exclude delivery costs, which where relevant will be added to the total amount due. The US dollar price will be charged to your credit or debit card in your own currency and converted at the prevailing rate. Prices (and exchange rates) are liable to change at any time up to Order Confirmation.

Despite our best efforts, a Product listed on our site may be incorrectly priced. We will normally verify prices as part of our order acceptance procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when accepting an order for the Product from you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before accepting the Order, or reject your Order and notify you of such rejection. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

Payment: Payment for all Products must be by credit or debit card. We accept payment using Paypal, Visa, and MasterCard. We do not accept cash or cheques.

Our refunds policy: When you return a Product to us: (a) because you have cancelled the Contract between us within the seven-day cooling-off period as a consumer, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us; or (b) for any other reason (for instance, that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

Our liability: We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for the purposes for which products of the kind are commonly supplied. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased. This does not include or limit in any way our liability: (a) for death or personal injury caused by our negligence; (b) under section 2(3) of the Consumer Protection Act 1987; (c) for fraud or fraudulent misrepresentation; or (d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of data; or (f) waste of management or office time, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.

Import duty: If you order Products from our site for delivery outside the United Kingdom, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

Written communications: Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Notices: All notices given by you to us must be given to Midascode Ltd at info@midascode.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Transfer of rights and obligations: The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

Events outside our control: We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Waiver: If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Severability: If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire agreement: These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

Our right to vary these terms and conditions: We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

Law and jurisdiction: Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

[Last updated: 17 March 2008]