1. Definitions and Interpretation
means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;
means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
means digital content made available for sale via Our Site;
means a user of Our Site;
means Q-files Ltd, a company registered in England under 07246356, whose registered address is 2 Hewlett Place, Cheltenham, Gloucestershire, GL52 6DQ and whose main trading address is 6 Church Green, Witney, Oxfordshire, OX28 4AW.
2. Information About Us
2.1 Our Site, https://www.q-files.com is owned and operated by Q-files Ltd, a limited company registered in England under 07246356 whose registered address is 2 Hewlett Place, Cheltenham, Gloucestershire, GL52 6DQ and whose main trading address is 6 Church Green, Witney, Oxfordshire, OX28 4AW.
2.2 We are a member of Kidsafe: https://www.kidsafeseal.com/certifiedproducts/qfiles.html
3. Access to Our Site
3.1 Access to some pages on Our Site is free of charge.
3.2 is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4.1 Certain parts of Our Site (including the ability to purchase Paid Content from Us) may require an Account in order to access them.
4.2 You may not create an Account if you are under 18 years of age. If you are under 18 years of age and wish to use the parts of Our Site that require an Account, your parent or guardian should create the Account for you.
4.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
4.4 We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at info@Q-files.com. We will not be liable for any unauthorised use of your Account.
4.5 You must not use anyone else’s Account.
4.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the Data Protection Act 1998, as set out in Clause 17.
4.7 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
5. Intellectual Property Rights
5.1 Using the materials on our site: We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. This includes the logos, images, pictures, photos and videos shown on our site. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
5.2 There is a difference in how different elements of our site may be used, this depends on whether the rights in those elements are owned by us, or by a third party who is licensing those elements to us. The rules which apply to each of the different elements are set out below.
If you have any questions as to how you can use a particular element of our site please contact us at firstname.lastname@example.org.
5.2.1 Elements of the site which we own
We want to encourage students and teachers to use the materials which we, or our associate, Orpheus Books Limited, own on the site; whether in school projects, lesson preparation, or through social media pages such as Facebook, Twitter and Instagram. Elements of our site should be presumed to belong to us, or Orpheus Books Limited, unless they are credited to another company or group (e.g. “photo licensed from Getty Images”).
You may print off and may download extracts of any elements which belong to us for:
- school projects, homework, teaching materials, classroom use; and
- your own personal use (including use on personal social media pages).
If you want to use these elements on a personal blog or website, or for a commercial use, you must first get our prior written consent to such use. Please contact us at email@example.com to request such consent. However such elements are used, our status as the author of those elements must always be acknowledged through the inclusion of a written credit to “Q-Files.com”.
You must not use any materials which you create with such elements in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw our consent to your use of our materials, require you to take down materials posted online and require you to stop using and/or destroy materials based on our materials at any time. While we will not take such a decision lightly it may be necessary if, for example, we feel that the use being made is inappropriate for children or likely to damage our reputation or the reputation of Orpheus Books Limited.
5.2.2 Elements of the site owned by third-parties
Elements of our site may be credited to another company or group (e.g. “Image credit: shutterstock.com”). Such elements are subject to licensing restrictions.
You may not:
- print off or download such elements, whether for your personal use or otherwise; or
- use any such elements for commercial purposes without first obtaining a licence to do so from the relevant licensors.
5.4 Trade Marks
Please note, in particular, Q-files is a trade mark of Q-files Ltd.
6. Links to Our Site
6.1 You may link to Our Site provided that:
6.1.1 you do so in a fair and legal manner;
6.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
6.1.3 you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
6.1.4 you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
6.2 Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at info@Q-files.com for further information.
6.3 You may not link to Our Site from any other site the main content of which contains material that:
6.3.1 is sexually explicit;
6.3.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
6.3.3 promotes violence;
6.3.4 promotes or assists in any form of unlawful activity;
6.3.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
6.3.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
6.3.7 is calculated or is otherwise likely to deceive another person;
6.3.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
6.3.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);
6.3.10 implies any form of affiliation with Us where none exists;
6.3.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
6.3.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
7. Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
8.1 Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only.
8.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
8.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
9. Our Liability
9.1 The provisions of this Clause 10 apply only to the use of Our Site and not to Paid Content, which is governed separately by Our Terms of Sale. Limitations and exclusions stated to apply to Content in this Clause 10 may not apply to Paid Content.
9.2 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
9.3 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content (excluding Paid Content) included on Our Site.
9.4 Our Site is intended for non-commercial use only. If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
9.5 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. However, subject to sub-Clause 9.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
9.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
10. Viruses, Malware and Security
10.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
10.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
10.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
10.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
10.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
10.6 By breaching the provisions of sub-Clauses 11.3 to 11.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
11. Acceptable Usage Policy
11.1 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 12. Specifically:
11.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
11.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
11.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
11.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
11.2.1 suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
11.2.2 issue you with a written warning;
11.2.3 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
11.2.4 take further legal action against you as appropriate;
11.2.5 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
11.2.6 any other actions which We deem reasonably appropriate (and lawful).
12. Privacy and Cookies
14. Contacting Us
To contact Us, please email Us at info@Q-files.com or using any of the methods provided on Our contact page at https://www.q-files.com/contact-us/.
15. Communications from Us
15.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take up to 7 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
15.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at info@Q-files.com.
16. Data Protection
16.1 Any and all personal information that We may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and Our obligations under that Act.
16.2 We may use your personal information to:
16.2.1 Provide and administer your Account;
16.2.2 Reply to any communications you send to Us;
16.2.3 Send you important notices, as detailed in Clause 16;
16.3 We will not pass on your personal information to any third parties.
17. Law and Jurisdiction