CASE STUDY NINJA TERMS AND CONDITIONS
BACKGROUND
  1. We are Case Study Ninja Limited, a company registered in England under company number 10173928 whose registered address is 590 Green Lanes, Palmers Green, London, N13 5RY (“we”/ “us”/ “our”).
  2. We own and operate www.casestudyninja.com (“Website”) which is a service that allows businesses to create, store and share case studies. You may not access the Website unless you are a registered user. These Terms apply to business users only. The Website is not for consumer use.
  3. This agreement applies as between a registered business user of the Website (“you”/ “your”) and us. Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of the Website and upon signing up for an account (“Account”).
  4. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
  5. No part of this Website is intended to constitute a contractual offer capable of acceptance. An order made by you through your Account constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled.
  6. These Terms apply to an Agreement to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
ORDER
  1. We offer a variety of online services and information which we make available through the Website including without limitation a service that allows you to create, store and publish case studies and testimonials (“Services”). Case Studies are authentic and genuine descriptions of real life organisational challenges, that demonstrate innovative solutions and interesting outcomes. Case Studies may also be referred to as 'client stories', 'success stories', 'credentials', 'qualifications' and 'cases'.
  2. Any images, descriptive matter or advertising supplied by us and any descriptions or illustrations contained on our Website are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of an Agreement or have any contractual force.
  3. A request for Services (“Order”) constitutes an offer by you to purchase Services in accordance with these Terms.
  4. The Order shall only be deemed to be accepted when we issue written acceptance of the Order at which point and on which date an agreement (“Agreement”) shall come into existence (“Commencement Date”).
  5. Whilst every effort has been made to ensure that all descriptions of Services available from us correspond to the actual Services, we are not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether.
  6. We do not represent or warrant that all Services will be available.
PRICE
  1. Any price advertised or quotation given by us shall not constitute an offer. All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated periodically.
  2. Payment for the Services must be completed before performance of the Services.
  3. The cost of our Services shall be contained on the Website and confirmed upon our Acceptance.
  4. In the event that prices are changed during the period between an order being placed for Services and us processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price.
  5. All prices on the Website are exclusive of VAT. Our VAT number is 245 4193 08.
ACCOUNTS
  1. In order to purchase our Services and to use certain other parts of the Website you are required to create an Account which will contain certain details (including payment information) which may vary based upon your use of the Website. By continuing to use this Website you represent and warrant that:
    1. all information you submit is accurate and truthful;
    2. you have permission to submit payment information where permission may be required; and
    3. you will keep this information accurate and up-to-date.
  2. Your creation of an Account is further affirmation of your representation and warranty.
  3. Sharing of accounts is not permitted unless we expressly authorise it in writing. You are required to keep your Account details confidential and must not reveal your username and password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
  4. If you have reason to believe that your Account details have been obtained by another without consent, you should contact us immediately to suspend your Account. Please be aware that due to the instantaneous nature of certain Services delivery, pending or completed purchases cannot be cancelled.
  5. When choosing your username you are required to adhere to these Terms. Any failure to do so could result in the suspension and/or deletion of your Account.
SERVICES
  1. In all material respects we shall supply the Services to you in accordance with the description of the Services advertised on the Website (“Specification”). Our Services will be provided using reasonable care and skill.
  2. We shall use all reasonable endeavours to meet any performance dates specified in the Specification, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
  3. We shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services. In such circumstances we shall notify you.
  4. Provision of Services shall commence when full payment has been received.
  5. We shall use our best endeavours to provide the Services with reasonable skill and care.
  6. In the event that the Services provided are not in conformity with your order and are incorrect, you should contact us within 10 days to inform us of the mistake. We will make any necessary corrections to the Services provided in our absolute discretion. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
    1. Any use or enjoyment that you may have already derived from the Services;
    2. Any characteristics of the Services which may mean that cessation of provision is impossible without significant further work on our part and at our expense.
    Such discretion to be exercised only within the confines of the law.
YOUR OBLIGATIONS
  1. You shall:
    1. ensure that your Order and any information you provide to us, including without limitation that requested within the Specification is complete and accurate;
    2. co-operate with us in all matters relating to the Services;
    3. provide us with such information and materials as we may reasonably require in order to supply the Services, and ensure that such information is accurate and not misleading;
    4. any text, graphics, images, audio, video, software, data compilations and any other form of information (“Content”) is accurate and not misleading;
    5. have and maintain any necessary licences, permissions and consents which may be required on any Content which is not owned by you before the date on which the Services are to start; and
    6. ensure you have all necessary permissions for any testimonials or third parties data that you submit as Content to use for the Material or otherwise.
  2. For the avoidance of doubt you remain responsible for any data, material or information that you submit as Content or otherwise to us. You warrant that you have all necessary permission for any third party information that you disclose or submit to us, including without limitation the disclosure of services performed by you to a third party, disclosure of a third party’s name or business or testimonials. You warrant that such permission includes the supply of such information to us and for such information to be included within any Material. You understand, agree and acknowledge that all Content or information submitted to us (including without limitation any third party information) may be included within the Material which may be being created for public use.
  3. You hereby indemnify us and hold us harmless from and against any and all claims, demands, proceedings, damages, penalties, costs, losses, liabilities and expenses of any kind and whether in tort or contract, threatened, claimed or awarded against or otherwise incurred by us arising out of or in connection with a breach of clause 30 of these Terms.
  4. If performance of our obligations under the Agreement is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation, including without limitation those set out at clause 29 (“Default”):
  5. We shall, without limiting our other rights or remedies, have the right to suspend performance of the Services until you remedy the Default, and to rely on the Default to relieve us from the performance of any of our obligations to the extent the Default prevents or delays our performance of any of our obligations;
  6. We shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations as a result of clauses 29 to 33 inclusive; and
  7. You shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Default.
ACCOUNTS
  1. In order to purchase a Service and to use certain other parts of the Website you are required to create an Account which will contain certain details (including payment information) which may vary based upon your use of the Website. By continuing to use this Website you represent and warrant that:
    1. all information you submit is accurate and truthful;
    2. you have permission to submit payment information where permission may be required; and
    3. you will keep this information accurate and up-to-date.
  2. Your creation of an Account is further affirmation of your representation and warranty.
  3. Sharing of accounts is not permitted unless we expressly authorise it in writing. You are required to keep your Account details confidential and must not reveal your username and password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
  4. If you have reason to believe that your Account details have been obtained by another without consent you should contact us immediately to suspend your Account. Please be aware that due to the instantaneous nature of certain Services delivery, pending or completed purchases cannot be cancelled.
  5. When choosing your username you are required to adhere to the terms set out in Clause 52. Any failure to do so could result in the suspension and/or deletion of your Account.
INTELLECTUAL PROPERTY RIGHTS IN MATERIALS
  1. Intellectual Property Rights means
    1. any and all rights in any copyrights, patents, trade marks, service marks, registered designs, applications (and rights to apply for any of those rights) trade, business and company names, internet domain names and e-mail addresses, unregistered trade marks and service marks, database rights, know-how, rights in designs and inventions;
    2. rights under licences, consents, orders, statutes or otherwise in relation to a right in paragraph (a);
    3. rights of the same or similar effect or nature as or to those in paragraphs (a) and (b) which now or in the future may subsist; and
    4. the right to sue for past infringements of any of the foregoing rights;
  2. Any images, text, descriptive matter, graphics, audio, video, software, data compilations and any other form of information or advertising literature supplied by us to you as part of our Services (“Materials”) is our Intellectual Property Rights save for any information supplied by you.
  3. Our Intellectual Property Rights in the Materials is licensed to you on a non-exclusive basis to use as directed by us.
  4. On the date of delivery of the Services (“Delivery Date”) we grant to you a non-exclusive licence to use the Material subject to these Terms. The licence shall commence on the Delivery Date and shall continue from year to year thereafter until or unless your Account is terminated.
  5. You acknowledge that any information or Content you send to us may be modified by us in any way to produce the Materials and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
  6. Risk in the Material shall pass to you on delivery.
  7. You shall make only so many copies of the Material as are reasonably necessary for the specified purpose and no more than ten copies without our prior written consent.
  8. Such copies and the media on which the Material is stored shall be our property.
  9. You undertake not to translate, adapt, vary or modify, the Materials in any manner without our prior written consent.
INTELLECTUAL PROPERTY OF OUR WEBSITE
  1. Any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website unless uploaded by you, is our property or that of our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
  2. You may not reproduce, copy, distribute, store or in any other fashion re-use any material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by us.
LINKS TO OTHER WEBSITES
  1. This Website may contain links to other sites. Unless expressly stated, these sites are not under our control or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
LINKS TO THIS WEBSITE
  1. Those wishing to place a link to this Website on other sites may do so only to the home page of the site http://casestudyninja.com with our prior permission. Deep linking (i.e. links to specific pages within the site) requires our express permission. To find out more please contact us by email at Support@CaseStudyNinja.com.
USE OF COMMUNICATIONS FACILITIES
  1. When making any communication with us, including but not limited to any Content submitted to us to use for the Materials you should do so in accordance with the following rules:
    1. You must not use obscene or vulgar language;
    2. You must not submit Content that falls outside of the definition of Case Study as defined in Clause 7;
    3. You may only submit Content that is related to your organisation. You must not misrepresent your or your organisation's role in the activities described in the Content;
    4. You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
    5. You must not submit Content that is intended to promote or incite violence, or is sexual in nature;
    6. It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
    7. The means by which you identify yourself must not violate these Terms or any applicable laws;
    8. You must not impersonate other people, particularly our employees or representatives or our affiliates; and
    9. You must not use any online communications infrastructure that we make available through the Website for unauthorised mass-communication such as “spam” or “junk mail”.
  2. You acknowledge that we reserve the right to monitor any and all communications made to us.
  3. You acknowledge that we may retain copies of any and all communications made to us.
TERMINATION AND CANCELLATION
  1. Either us or you may terminate your Account. If we terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
  2. If we terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
  3. We reserve the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing Services provision.
  4. If orders or payments are cancelled for any reason prior to commencement of Services provision you will be refunded any monies paid in relation to those purchases.
  5. If you terminate your Account any non-completed orders or payments will be cancelled and you will be refunded any monies paid in relation to those orders.
PRIVACY
  1. Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.
  2. The Website places cookies onto your computer or device. Full details of the cookies used by the Website, their uses and your legal rights with respect to them are included in our Privacy Policy. By accepting these terms and conditions, you are giving us consent to place cookies on your computer or device. Please read the information contained in the Privacy Policy prior to acceptance.
DISCLAIMERS
  1. We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
  2. No part of this Website is intended to constitute advice and no part of this Website should be relied upon when making any decisions or taking any action of any kind.
  3. No part of this Website is intended to constitute a contractual offer capable of acceptance.
  4. Whilst we use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are advised to take responsibility for your own security, that of your personal details and computers.
CHANGES TO THE SERVICE AND THESE TERMS AND CONDITIONS
  1. We reserve the right to change the Website, its content or these Terms at any time. You will be bound by any changes to the Terms from the first time you use the Website following the changes. If we are required to make any changes to Terms by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
AVAILABILITY OF THE WEBSITE
  1. The Website and our Services are provided “as is” and on an “as available” basis. We give no warranty that the Website or Services will be free of defects and / or faults. To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
  2. We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
LIMITATION OF LIABILITY
  1. To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website, our Services or any information contained therein.
  2. You use our Services and the Website at your own risk.
  3. Nothing in these Terms exclude or restrict our liability for death or personal injury resulting from any negligence or fraud on our part.
  4. Nothing in these Terms excludes or restricts our liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
  5. In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining Terms.
NO WAIVER
  1. In the event that any party to these Terms fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
PREVIOUS TERMS AND CONDITIONS
  1. In the event of any conflict between these Terms and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
THIRD PARTY RIGHTS
  1. Nothing in these Terms shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and us.
COMMUNICATIONS
  1. All notices / communications shall be given to us either by post to our Premises (see address above) or by email to Support@CaseStudyNinja.com Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
  2. We may from time to time send you information about our services. If you do not wish to receive such information, please click unsubscribe in the email.
LAW AND JURISDICTION
  1. These Terms and the relationship between you and us shall be governed by and construed in accordance with the Law of England and Wales and you and us agree to submit to the exclusive jurisdiction of the Courts of England and Wales.