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Pip Decks Beta Program General Terms & Conditions

Introduction

  1. Pip Decks (the trading name of Chxrles Ltd) ("us", "we", or "our"), is a creator and developer of a range of skills development products for professional company use.    

 

  1. Pip Decks will provide individuals with access to the beta-programme for certain projects (“Project”) and these terms and conditions ("General T&Cs") will govern the relationship between the participant (“you” or “your”) and Pip Decks, when you participate in the Project as offered on https://pipdecks.com/library.

 

  1. These General T&Cs are to be read in conjunction with the materials provided for each specific Project (the “Specific Materials”). A Project may or may not result in the production of a new Pip Decks product (the “Product”). 

 

  1. By participating in a Project, and upon payment of the sums as described in clause 6.3 you enter into a contract with us and agree to these General T&Cs. You also agree to our Privacy Policy https://pipdecks.com/policies/privacy-policy and our Terms of Service https://pipdecks.com/policies/terms-of-service.

 

  1. We reserve the right to change these General T&Cs from time to time and shall notify you of any material changes. Such notification will either be displayed on the Pip Decks Website https://pipdecks.com/ (the “Website”). You will be governed by the version of the General T&Cs which apply to the Project at the time that you made payment under clause 6.3.

 

Conditions for participating 

  1. You must:

 

  1. Be 18 years of age or older in order to participate;
  1. Create an account by registering https://pipdecks.com/account/register and provide true and accurate information when doing so; and
  1. In order to secure your participation in a Project, pay the sums pledged to fund the Project during the checkout process.

 

  1. You must not:

 

  1. Use any screen scraping software or device on any part of the Website;
  1. Attempt to access any underlying source code or algorithms;
  1. Attempt to access any secure section of the Website;
  1. Gain access to parts of the Website that are not available to the public;
  1. Disrupt any functions of the Website;
  1. Disrupt the Project;
  1. When providing Feedback (as defined in clause 1) on the Product, include anything that may infringe the Intellectual Property Rights (as defined in clause 30) of a third party; and
  1. Use any of our Intellectual Property (as defined in clause 30) for commercial purposes without our express prior written permission.

 

  1. If you fail to abide by the rules set out in this section “Conditions for Participating”, we reserve the right to remove or ban you from any and all ongoing and future Projects.  

 

  1. If you are banned from participating in a Project, we shall refund your payment in accordance with clause 16.3

 

Your rights 

  1. You may request a refund of your payment towards a Project before the date stipulated as the deadline for participating in the Project has been reached (“Participation Deadline”)

 

  1. Subject to the terms of these General T&Cs, you are not entitled to a refund after the Participation Deadline other than in accordance with these General T&Cs.

 

Our Obligations to you

  1. We retain sole discretion to decide whether to continue with the Project or to abandon it.

 

  1. If under clause 12, we choose to abandon the Project after the Participation Deadline, Pip Decks shall return the monies paid by you in accordance with clause 16.3. This may take 7 – 10 Business Days (a day that is not a weekday, or national holiday in the UK) depending on the method of payment.

 

  1. We shall use reasonable endeavours[1] to Complete (as defined in clause 16) the Project and produce a Product that matches the specifications as set out in the Specific Materials.

 

  1. We may keep you informed of how the Project is progressing at various stages, such as:

 

  1. When production of the Product has begun;
  1. When the Product has been shipped to our distribution warehouse; and
  1. When the Product has been shipped to you.
     

We may make these updates on the relevant Project page or by email.

 

  1. A Project shall be considered completed if we have produced a digital version of the Product in question (“Complete or Completed”). If we are unable to Complete a Project, we shall:

 

  1. Explain why it is not possible to Complete the Project;
  1. Outline how the funds have been used; and
  1. Where possible, return proportionally, any funds that have not been used. If a Product has been delivered to you, there will be no right to a refund under this clause 16.3.

 

  1. Our estimated completion time is not an obligation on us to Complete the Project by the date and month specified. It is an estimate only, and is not legally binding. As the Project progresses, we shall update you if we believe that the Project will not be Completed before the estimated completion time.

 

Our Rights 

  1. We are permitted, in our sole discretion, to decide whether you are permitted to participate in a Project.

 

  1. We reserve the right to reject or accept any payments made by you in relation to a Project.

 

  1. Any payment rejected under clause 19will be refunded, subject to clause 16.3.

 

  1. By participating in a Project, you allow us to contact you with updates and any questions we may have in relation to the Product.

 

  1. We are under no obligation to justify the reasoning behind any decision taken under this section “Our Rights”.

 

Providing the Products 

  1. If the Product is digital, a download link shall be sent to you within 5 Business Days of the digital Product being Completed.

 

  1. If a physical Product has been produced and you are entitled to such a Product, the costs of delivery are included in the sums you pay for participating in a Project

 

  1.  If a physical Product has been produced we will let you know when we expect to be able to provide the Product to you. We will deliver it to you as soon as reasonably possible and in any event within 22 Business Days after the day on which we receive the produced physical Product in our distribution warehouse.

  

  1. If our supply of the Product is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Product you have paid for but not received.

 

  1. If no one is available at your address to take delivery, we will endeavour to inform you of how to rearrange delivery or collect the physical Product from a local depot.

 

  1. If, after a failed delivery to you, you do not re-arrange delivery or collect the physical Product from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 16.3 will apply.

 

  1. You will become responsible for the Product from the time we deliver the Product:

  1. to you in digital form;
  1. if in physical form, to the address you gave us or, if you are collecting the Product, from the time you or a carrier organised by you to collect the Products from us or from a delivery depot.

 

Our Intellectual Property 

  1. Our Projects and Website contain intellectual property (“Intellectual Property”) that is protected in various ways. This protection includes but is not limited to copyright, trade mark, trade names, domain names, service marks, design rights, patents, and any applicable law relating to the protection of intellectual property rights (“Intellectual Property Rights”).

 

Feedback 

  1. During the lifecycle of a Project, you may be given the opportunity, in our absolute discretion, to provide the author of the particular project (“Author”) with feedback in respect of the Product (“Feedback”). Communication channels for Feedback may vary from Project to Project. You will be informed of the channels for providing Feedback, if available, after the Participation Deadline has ended. This includes without limitation the creation of private instant messaging channels between you and the Author, workshops and focus groups (either in person or remote or both).  

 

  1. Neither we nor the Author shall be under an obligation to incorporate any of your comments or Feedback in respect of a Project or into a Product.

 

  1. If your Feedback is included in an iteration of the Product or the final Product, this shall not entitle you to any form of compensation. You are providing your Feedback as a gesture of goodwill.

  

  1. When providing your Feedback, you assign to us all Intellectual Property Rights in the Feedback.

 

  1. You irrevocably waive any moral rights to the Feedback, so that we may use and adapt the Feedback in any way we deem fit.

 

  1. You warrant that:

 

  1. Your Feedback shall not include the intellectual property of a third party and shall not infringe on the Intellectual Property Rights of a third party;
  1. You are the sole legal and beneficial owner of the Feedback; and
  1. You will not grant any rights in the Feedback to a third party.

 

  1. In the event that you breach clause 40you shall indemnify and keep indemnified Pip Decks or the Author or both, against any claim for loss, damages, liability, costs (including legal fees) and expenses incurred by Pip Decks or the Author directly or indirectly arising from your breach, including other amounts paid in compromise or settlement of any such claim by Pip Decks or the Author or both. At our request, and at your expense, you shall provide assistance to enable us to resist any action, claim or proceedings brought against us as a consequence of any such breach.

 

Confidentiality

  1. Confidential information (“Confidential Information”) shall mean all information not generally available to the public and disclosed by us or the Author or both to you. This includes know how, trade secrets, marketing plans, market information, research, ideas, source code or software (whether in oral, written or electronic form) relating to the Project or Product and any information not specifically identified above.

 

  1. You agree not to communicate or make available the Confidential Information to any third party for any purpose without the prior written consent of Pip Decks.

 

Risk

  1. By participating in a Project, you agree that you are participating in the development of a new Product. You accept that you are not buying a Product.

 

  1. We do not guarantee that a Project or Product will be Completed in time, at all or according to the specification set out in the Specific Materials.

 

  1. You agree to participate in a Project at your own risk and we will not be liable to you if for any reason the Project or Product is not Completed.

  1. Once a Project or Product is Completed, Pip Decks may use its discretion to produce a physical Product, but is under no obligation to do so.

 

  1. Payment to participate in a Project does not grant you a right to a Completed Product nor to a Product that matches the specification or description as outlined in the Specific Materials.

 

  1. With reference to clauses 14 and 45, Pip Decks is under no obligation to provide you with a Completed Product or a Product that matches the Specific Materials. The risk associated with a Projectis that ultimately no viable Product is produced.

 

  1. In certain circumstances, we may require additional payment from you in order to Complete the Project or Product (for instance if production costs are higher than anticipated). In the event that you do not want to pay this additional fee, you will be given a refund subject to clause 16.3.

 

Indemnification 

  1. In addition to the indemnity set out in clause 36, you agree to indemnify us against any claim for loss, damages, liability, costs (including legal fees) and expenses incurred by Pip Decks arising from your breach of this contract, including other amounts paid in compromise or settlement of any such claim by Pip Decks. At our request, and at your expense, you shall provide assistance to enable us to resist any action claim or proceedings brought against us as a consequence of any such breach.

 


Limitation of Liability 

  1. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

 

  1. In any event, our total aggregate liability to you in respect of any sums paid to participate in the project shall in no circumstances exceed the sums paid to participate in the project.

 

  1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for:

 

  1. death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; 
  1. fraud or fraudulent misrepresentation; and 
  1. breach of your legal rights in relation to the Products.

 

  1. We are not liable for business losses. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

Dispute Resolution

  1. If you are unhappy with any service or Product provided by us under these General T&Cs, we request that you contact us here hey@pipdecks.com.We shall use reasonable efforts to resolve your complaint.

 

  1. In the event that you are not satisfied with the resolution offered, you may address your complaint to The Centre for Effective Dispute Resolution (CEDR). 

 

Governing Law and Jurisdiction

  1. These General T&Cs, and any non-contractual rights or obligations arising out of or in connection with them or their subject matter, shall be governed by and construed in accordance with the laws of England and Wales.

 

  1. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to hear and determine or otherwise settle all and any claims, proceedings, suits or actions arising out of or in connection with the General T&Cs or their subject matter.

 

Third Party Rights

  1. A person who is not identified in these General T&Cs shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

 

Contact 

  1. Should you have any queries in relation to the General T&Cs, you may contact us by email here hey@pipdecks.com or by post, Pip Decks, 3 Torquay Grove, Stockport, SK2 7BB