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Terms and Conditions of Use and Sale

Acceptance

Welcome to MacAvon Media. MacAvon Media provides its services and downloads to you subject to the following Terms and Conditions of Use and Sale. If you visit macavonmedia.com and/or download files from this site, whether paid-for or for free, you accept all of these Terms and Conditions. Please read them carefully.

When you open a MacAvon Media account you explicitly agree to be legally bound by these Terms and Conditions of Use and Sale.

Privacy Policy

Our Privacy Policy is published in full on this site. To summarise the main points regarding collection and use of information: MacAvon Media does not collect any personal information in connection with standard customer accounts and does not collect financial information of any kind. Any information that is collected, including email addresses, is never passed on to third parties except in very rare circumstances where such disclosure may be required by law. In the case of Lecturers’ Accounts only, information will be passed on to third-party Publishers if a printed evaluation copy of a textbook is requested but not in any other circumstances unless explicitly requested by the lecturer.

By accepting these Terms and Conditions you acknowledge that you have also read and accept our Privacy Policy.

Customers’ Conduct on this Web Site

You agree not to use this Web site for any unlawful purpose nor in any way that causes, or is likely to cause, the Web site or access to it to be interrupted, damaged or impaired in any way.

Alteration of Service or Amendments to the Conditions

MacAvon Media may vary at any time at its discretion and without any liability the content of this Web site, including prices, descriptions or other material, but not including these Terms and Conditions.

Every visitor to this site will be subject to the policies and conditions in force at the time that they use the Web site or buy downloads from this site, unless any change to those policies or these conditions is required to be made by law or government authority. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Customers’ Accounts and Lecturers’ Accounts

In order to be eligible to download files from the MacAvon Media Web site, whether those files are paid-for or free, you must create a personal account with MacAvon Media by providing a valid email address and a secure password. When you create an account you will be asked to confirm that you agree to these Terms and Conditions, and that confirmation will be taken as binding.

MacAvon Media Lecturers’ Accounts are available to bona fide college lecturers and instructors at recognised educational institutions and all Lecturers’ Accounts will be validated by MacAvon Media before they can be activated. To open and operate a Lecturer’s Account you must supply your college email address together with your true name and accurate details of your institution, department and course(s). If your details and position cannot be verified through reference to a current college Web page or other current and reliable source, you must supply a photograph or scan of your college ID card in order for your application for a Lecturer’s Account to be accepted. MacAvon Media reserves the right to refuse any application for a Lecturer’s Account and will refuse all applications for Lecturers’ Accounts which we have good reason to believe have not been made by bona fide college lecturers or instructors.

The services and downloads available through a MacAvon Media Lecturer’s Account will not be available to a customer requesting a Lecturer’s Account until their application for a Lecturer’s Account has been validated by MacAvon Media and the customer has activated the Lecturer’s Account using the activation link supplied to them by email from MacAvon Media.

Your account is for your own personal use only and you must not share your account, its facilities or any downloads obtained through your account with any other person.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. By opening an account on this site you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform MacAvon Media immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

Suspension of Accounts

MacAvon Media reserves the right to suspend any customer’s account or Lecturer’s Account at any time without notice if we have reason to believe that that customer or lecturer is in serious breach of these Terms and Conditions of Use and Sale, and in particular in the case of any breach of copyright, authors’ rights, piracy of any kind, or in the case of unauthorised use of the account with the customer’s knowledge.

Prices

All prices quoted on the MacAvon Media Web site are in British Pounds Sterling (GBP). MacAvon Media may alter the price for any item at any time without notice.

Where comparative prices in currencies other than British Pounds Sterling (GBP) are provided on this site, the prices shown in any currency other than British Pounds Sterling (GBP) are approximate and are provided for guidance only. Customers are advised always to check the current value of prices in their local currency before purchasing, as currency exchange rates can vary considerably over time and may also upon the payment method used. MacAvon Media accepts no responsibility for variation in prices to international customers which occur as a result of fluctuating exchange rates or charges made by any payment service or bank card provider. The actual prices paid in local currency by customers outside the United Kingdom are determined by conditions beyond our control.

Payment

Payment must be made in advance of downloading any file offered for sale. Payment can only be made via PayPal, who provide a secure payment service for payment by Bank debit card, credit card or PayPal Account. MacAvon Media is not liable for any problems encountered on the PayPal site or while using the PayPal service. Payment for a downloadable file automatically entitles the customer to download that file up to 12 (twelve) times. Further downloads of the same file may be enabled at our discretion but will require you to contact us with an explanation of why additional downloads are necessary.

Cancellation and Returns

A “cooling off” period as defined by law for distance selling of physical goods does not apply to digital downloads, which cannot be “returned”. All purchases of digital downloads are therefore final. It is your responsibility to ensure that you wish to purchase before proceeding to make payment.

However, we are willing to make an exception in special cases and provide a refund if – and only if – you have never attempted to download the files you paid for and you contact us within 35 days of your payment to request a refund. In that case you will lose your entitlement to download the files for which you require a refund. All refunds are made at our discretion and solely as a courtesy to customers who have not downloaded the files for which they paid.

Delivery

All digital downloads are delivered from this Web site over the internet. It is your responsibility to download the file which you have bought. MacAvon Media will make all downloadable files for sale available for download from this site and will display each customer’s downloadable files under “Downloads” in that customer’s personal account.

Non-delivery

In the event that you are unable to download a file which you have purchased owing to an error or omission on the part of MacAvon Media, we will ensure that the file is supplied to you, if necessary by some alternative means, or – if no more than 45 days have elapsed since you purchased the download and you have never attempted to download the file – we will at our discretion provide you with a full refund.

Network Access and Web Site Availability

MacAvon Media is not liable for any problems a customer may experience with Internet access or speed of connection to the Internet while downloading a file.

MacAvon Media will endeavour to ensure that availability of this Web site will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, customers’ access to this Web site may occasionally be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. MacAvon Media will attempt to limit the frequency and duration of any such suspension or restriction so far as possible.

Copyright, Authors’ Rights and Customer’s Agreement

All content included on and made available through this Web site, including but not limited to text, graphics, logos, images, audio clips, video clips, digital downloads and software, is the property of MacAvon Media and is protected by UK and international copyright and authors’ rights laws.

You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use MacAvon Media content in any way except for your own personal, non-commercial use or, in the case of content supplied by MacAvon Media to a college lecturer or instructor through a MacAvon Media Lecturer’s Account, for use in preparing and delivering a course of education at the educational institution registered to your account.

You also agree not to adapt, alter or create a derivative work from any MacAvon Media content except for your own personal, non-commercial use, with the following proviso:

In the case of any content supplied by MacAvon Media to a college lecturer or instructor through a MacAvon Media Lecturer’s Account, a college lecturer or instructor may make reasonable use and adaptation of MacAvon Media content for purposes of delivering a course of education at the educational institution registered to their account, but may not disseminate or publish either the original or the adapted MacAvon Media content for profit within their educational institution, nor in any form or for any purpose, whether commercial or non-commercial, outside the educational institution registered to their account.

Any other use of MacAvon Media content, whether displayed on this site or downloaded from it, requires the prior written permission of MacAvon Media.

Disclaimer of Warranties and Limitation of Liability

This Web site is provided by MacAvon Media on an “as is” and “as available” basis. MacAvon Media makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, or materials included on this site or available as downloads from this site. You expressly agree that your use of this site is at your sole risk. MacAvon Media reserves the right to withdraw or delete any content or materials from this site at any time in its discretion.

To the full extent permissible by applicable law, MacAvon Media disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. MacAvon Media does not warrant that this site, its servers, or e-mail sent from MacAvon are free of viruses or other harmful components. MacAvon Media will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Third-Party Web Sites

MacAvon Media is not responsible for and cannot be held liable for the content of any third-party Web sites linked to from this site or for any problems which may be associated with your use of such sites.

Force Majeure

MacAvon Media will not be liable or be deemed to be in breach of the contract of sale for any delay in performing, or any failure to perform, any of MacAvon Media’s obligations in relation to your access to this site, your access to your account or the availability or delivery of the downloads available from this site if the delay or failure was due to any reason beyond MacAvon Media’s reasonable control.

Exclusivity

MacAvon Media’s Terms and Conditions of Use and Sale shall apply to the exclusion of any other terms and conditions, unless an alternative agreement is made in writing and signed by a representative of MacAvon Media and the customer.

Jurisdiction

Any contract formed under these Terms and Conditions of Use and Sale shall be construed and enforced in accordance with Scottish Law in the Courts of Scotland (UK).

Business Details and Address

MacAvon Media is a formal Scottish business partnership and may be contacted at the following business address:

Achnaha House
Kilchoan
Acharacle
PH36 4LW
Scotland

All correspondence in writing should be sent to this address.