Terms & Conditions | Consumers

RXPerience Limited

TERMS AND CONDITIONS FOR CONSUMERS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PLACING AN ORDER FOR ANY SERVICES

Introduction
This agreement and our business will be concluded and conducted in the English language.
You agree that each order for services that you make will be with RXPerience Limited ("RXP", "we", "us", "our"). Your order will not be effective unless and until it has been accepted by us by email or in writing. We reserve the right to refuse any orders or requests for services. Your statutory rights are not affected by these terms and conditions.

What we will do under this agreement
We will provide the services under any order which we have accepted, by some combination of e-mail, CD-ROM, or downloadable PDF files from our website.

Details of all of the services that you can order as a consumer visitor to our site are set out on this website. Where we agree with you to provide any bespoke development of the services, or where you have requested personal consultancy services which are contained in the RXP Consulting section of this website, details of those requests will be set out in a specification which we will provide to you prior to delivering the services.

We aim to respond to requests for services within 5 working days, excluding weekends and public holidays.

What you agree to do under this agreement
Supply us with any information and assistance reasonably requested or otherwise necessary or relevant for us to perform our obligations under this agreement. Also, please note that the content of the services are provided to you on a confidential basis and must not be passed on to anyone else without our prior written permission.

The information contained in the services provided shall only be used and/or viewed by you and you shall not copy, reproduce, republish, download, post, broadcast, transmit or otherwise use any content contained in the goods except for your own personal non-commercial use. You may not permit any third party to use any services which you order. You also agree not to adapt, alter or create a derivative work from any content contained in the goods we provide except for your own personal, non-commercial use. Any other use of the content contained in the goods requires our prior written permission.

You agree to remain wholly responsible for the equipment you use which enables the services to be received.

Ownership of information
Legal and beneficial ownership of all intellectual property rights existing in any documentation, data, know-how, methods and concepts, used or developed by us in providing the services, shall, as between you and us, belong to and will remain vested in us.

Confidentiality
The services you order are provided on a confidential basis and we will use reasonable endeavours to ensure no elements of your order or the services are disclosed to any third party unless we are required to do so by law or any competent regulatory body. However, where reasonably practicable, such disclosure will only be made after consultation with you.

Any confidential information received by either of us about the technical, commercial or personal activities of the other will not be disclosed to any other person except to the extent that such information is public, other than as a result of the breach of any obligation of confidence.

Data
When you place an order, all personal data provided to us will be used in accordance with data protection laws, our data protection notice, and our privacy policy.

Our promise to you
We will use all reasonable care and skill in providing the services you order under this agreement, but the services you order constitute general guidance only and you remain wholly responsible for any reliance you place on the services. Any decision you make having received any of our services are your own and you remain wholly responsible for any decisions and actions you take.

Price of the services you order
Prices for the services contained in "Your Career" are set out on our website and include UK VAT. We reserve the right to change the prices at any time. However, if we accept an order from you, the price of the services will be the price set out on the relevant page at the time the order for them is placed. For any bespoke development which we provide in relation to the services and/or for any personal consultancy you order from the RXP Consulting section of this website, we will provide you with details of our fees (and any expenses) at the time of providing a specification to you. If you are happy with the specification and our fee and expenses we shall require you to confirm this by writing or email.

Payment for the services you order
In all cases (unless we agree otherwise) payment in full will be required before we deliver the requested services to you. For services ordered over our website you can make payment by credit card, or any other payment card which we specify on our website, over the website. If you order the services in any other way or prefer not to use our Internet payment facility you can pay us by bank transfer or by cheque. In this case you should contact us by phone or email or write, with details of your chosen payment method.

Delivering the services you order
Whilst we will endeavour to deliver the services on time, this may not always be possible. We will not be liable to you for any late delivery of services. However, we will try to let you know in advance if we are unable to deliver at the agreed time and agree another date with you.

What happens if things go wrong?
We will try to resolve problems promptly and to our mutual satisfaction. However, if we are unable to do so, the total of our liabilities arising under or in connection with this agreement (whether arising from our negligence or from breach of this agreement or howsoever) will not exceed the price you have paid for any services under this agreement.

We will have no liability whatsoever in connection with any loss or damage caused by the failure of any equipment you use in connection with this agreement.

Notwithstanding anything to the contrary in this agreement (whether this agreement continues in force or not) we will not be liable to you for any loss of contracts, loss of revenue, loss of anticipated savings, loss of use or profits or business or for any extra operating costs or any indirect or consequential loss whatsoever or howsoever caused.

Nothing in this agreement will operate so as to exclude or in any way limit our liability for death or personal injury caused by our negligence, or any other liability that may not be excluded or limited as a matter of English law.
We contract on behalf of our employees, associates, consultants and freelancers for the purposes only of securing for them the benefit of protection under this section of the agreement.

Amending or cancelling an order
If you wish to amend or cancel your order you may do so up until the point at which you commence downloading the services.

We will confirm the details of your order by email or in writing. You should check them for any errors and you will then have 7 days, provided you have not commenced downloading of the services, to request correction of your order. You should make such a request in writing and we will then consider your request and inform you if we agree to it. Any order which we consider to be a new order will not be effective unless and until it is accepted by us in accordance with these terms and conditions.

Ending this agreement
This agreement will end when the services ordered have been delivered and when we have received full payment for them.

Without restricting any other of our rights or remedies, either party may terminate this agreement immediately upon written notice in the event that the other commits a material breach incapable of remedy or fails to remedy any other material breach within 30 days of receipt of a written notice thereof or has a receiver, administrator or an administrative receiver appointed or becomes the subject of a resolution or order for winding up or bankruptcy.

Appointment of freelancers
To enable us to provide you with the services in the most appropriate way, we have the right to assign or sub-contract the whole or any part of this agreement to freelancers of our choice.

Unforeseen events
We are entitled to delay delivery of the services to you if and to the extent we are prevented from or hindered or delayed in obtaining or delivering the services as a result of any circumstances beyond our reasonable control.

Governing law
This agreement is governed by and construed in accordance with English law and is deemed to have been made in England and we both agree to submit to the non-exclusive jurisdiction of the English courts.

The headings in this agreement are for reference only and do not affect their construction.

All terms in this agreement which are either expressed to survive or which are by implication intended to survive termination or expiry of this agreement will continue to survive after the termination or expiry of this agreement.

General issues
This agreement is the entire agreement between us and it supersedes any previous agreement between us relating to any services we provide, unless otherwise agreed in writing by us both.

We both agree that by entering into this agreement, neither of us has relied on, and is not able to have any remedy for any statement, promise, representation or understanding (whether it is made negligently or innocently) of any person other than what is expressly promised in this agreement. The only remedy available for breach of the promises in this agreement is for breach of contract. Nothing in this paragraph attempts to limit or exclude any liability for fraud.

No failure or delay in enforcing any of our rights under this agreement will prejudice or restrict those rights. If we waive our rights to require you to comply with this agreement it will not operate as a waiver of any further exercise of that right and a waiver of any breach will not operate as a waiver of any subsequent breach.

We both agree that each provision of this agreement is severable and distinct from any other. If any part of this agreement is found to be illegal, invalid or unenforceable in whole or in part, we both agree that the legality, validity and enforceability of the remainder of this agreement is not affected.

No terms of this agreement are intended for the benefit of anyone other than you or us, and we both agree that, except where expressly stated in this agreement, it is not intended that any term of this agreement should be enforceable by anyone other than you or us under the Contracts (Rights of Third Parties) Act 1999 which, in some situations, allows people that are not party to a contract to enforce its terms.

You should print off a copy of these (Version 2004:1) Terms and Conditions or save them electronically for your own records.

RXPerience Limited
Registered Office : 15 Rectory Road, Farnborough, Hants. GU14 7BU
Company Number: 4705204
VAT Number: 812420377