Terms of service

Please read the following important terms and conditions before you buy join our service.

Summary of some of your key rights:

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that you have a 14 day right to change your mind and get a full refund on your digital content. You do not have this right to cancel once a download has started provided you have been told this and have acknowledged this.

The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality.

if your digital content is faulty, you’re entitled to a repair or a replacement;

if the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some, or all of your money back;

if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.

This is a summary of some of your key rights. For detailed information from Citizens Advice, please visit www.citizensadvice.org.uk or call 03454 04 05 06.

The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.

Important information on downloading costs and ‘bill shock’:

Please check the file size of you’re the content carefully as using too much data might mean that you exceed your data limit on your mobile phone and you could face paying more than you were expecting, particularly if you are using your mobile phone abroad.

This contract sets out:

+ your legal rights and responsibilities;

+ our legal rights and responsibilities; and

+ certain key information required by law.

In this contract:

+ ‘We’, ‘us’ or ‘our’ means Poulsom Middlehurst Ltd trading as HomeNotes; and

+ ‘You’ or ‘your’ means the person buying digital content from us.

If you don’t understand any of this contract and want to talk to us about it, please contact us by email at [email protected] (which will generally be responded to in the usual business hours, Monday to Saturday: 9am to 6pm).

Do you need extra help?

If you would like this contract in another format (for example: audio, large print, braille) please contact us using the contact details at the top of this page.

Who are we?

Our name is: Poulsom Middlehurst Ltd and we trade as Homenotes.

We are registered in England and Wales under company number: 07356834.

Our registered office is: The Circle, 33 Rockingham Lane, Sheffield, S1 4FW.

1  Introduction

1.1  If you buy digital content from us or join our service you agree to be legally bound by this contract.

1.2  You may only use the digital content from our site for non-business reasons unless otherwise agreed with us in writing.

1.3  This contract is only available in English. No other languages will apply to this contract.

1.4  When buying any digital content or joining our service also agree to be legally bound by:

1.4.1  our website terms and conditions and any documents referred to in them;

1.4.2  extra terms which may add to, or replace some of, this contract. We will contact you to let you know if we intend to do this by giving you one month’s notice. You can end this contract at any time by giving one month’s notice if we tell you extra terms apply; and

1.4.3  specific terms which may apply to certain digital content. If you want to see these specific terms, please visit the relevant webpage at any time during the online purchase process.

All of the above documents form part of this contract as though set out in full here.

2  Information we give you

2.1  By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:

2.1.1  read the acknowledgement email (see clause 4.2.1); or

2.1.2  contact us using the contact details at the top of this page.

2.2  The key information we give you by law forms part of this contract (as though it is set out in full here).

2.3  If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

3  Your privacy and personal information

3.1  Our Privacy Policy is available at: homenotes.co/privacy-policy.

3.2  Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with ourPrivacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

4  Ordering digital content from us

4.1  Below, we set out how a legally binding contract between you and us is made.

4.2  You place an order for digital content by joining our subscription service. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us. In any event, before you place your order you must check that the hardware and software requirements of your computer or device mean that you can view the digital content.

4.2.1  When you place your order at the end of the online purchase process (eg when you click on the ‘pay now’ button or provide us with your payment details), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.

4.2.2  We may contact you to say that we do not accept your This is typically for the following reasons:

(a)  the digital content is unavailable;

(b)  we cannot authorise your payment;

(c)  you are not allowed to buy the digital content from us;

(d)  we are not allowed to sell the digital content to you; or

(e)  there has been a mistake on the pricing or description of the digital content.

4.2.3  We will only accept your order when we email you to confirm this (Confirmation Email). At this point:

(a)  a legally binding contract will be in place between you and us; and

(b)  you will gain access to our online portal.

5  No right to cancel this contract once downloading starts

5.1  When you join our subscription service and click ‘pay now’ or provide us with your payment details:

5.1.1  you acknowledge we will take the payment from you using the details you provided us;

5.1.2  you will get access to our service and portal straight away;

5.1.3  you have no right to cancel this contract after thirty days following access to the portal; and

5.1.4  however, you can cancel your subscription to our service at any time before the next subscription period begins.

6  Permission to use the digital content

6.1  When you buy the digital content (see clause 4.2.3(b)), you will not own it. Instead we give you permission to use it (also known as a ‘licence’) for the purpose of you using and enjoying it according to this contract.

6.2  The digital content:

6.2.1  is personal to you. You can view it wherever you want in the world but only if you comply with local laws;

6.2.2  is non-exclusive to you. We may supply the same or similar digital content to other users;

6.2.3 may not be:

(a)  copied by you;

(b)  changed by you (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it);

(c) combined or merged with, or used in, any other computer program or digital content;

(d)  distributed or sold by you to any third party;

6.2.4  contains information which is owned by us or third parties or both. You must not conceal, change or remove any markings which show who owns this information, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings.

6.3  Except where you have permission to use the digital content under this clause 6, you will not obtain any rights of ownership or other rights (of whatever nature) in the digital content or in any copies of it.

7  Streaming

7.1  Our service and digital content is streamed over the internet to computers and other internet connected devices.

7.2  Streaming can use allot of data and streaming rates can be affected by connection rates.

7.3  We recommend a good internet connection to improve viewing experience and suggest a minimum connection speed of 7 Mbps.

7.4  Once you have clicked on the ‘pay now’ button (see clause 4.2.1) and received the Confirmation Email (see clause 4.2.3) you will gain access to our service.

7.5  If something happens which:

7.5.1  is outside of our control; and

7.5.2  affects you being able to access the digital content,

we will let you have a revised time for when you can expect to be able to access the digital content.

8  Payment

8. 1  We accept the most credit cards and debit cards. We do not accept cash or cheques.

8.2  We will do all that we reasonably can to ensure that all of the information you give us when paying for the digital content is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or ourPrivacy Policy (see clause 3) or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

8.3  Your credit card or debit card will be charged when you place your order at the end of the online purchase process.

8.4  All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:

8.4.1  Verified by Visa: visa.co.uk/pay-with-visa/featured-technologies/verified-by-visa.html

8.4.2  Mastercard®SecureCodeTM: mastercard.co.uk/en-gb/consumers/features-benefits/securecode.html

8.4.3  American Express SafeKey: americanexpress.com/uk/benefits/service-security/safety-fraud/how-amex-protects-you/safekey/

8.5  The price of the subscription:

8.5.1  is in pounds sterling (£)(GBP);

8.5.2  includes VAT at the applicable rate; and

8.5.3  does not include any additional ‘additional items’ such as one-to-one consultations.

9  Nature of the digital content

9.1  The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, that the digital content:

9.1.1  is of satisfactory quality;

9.1.2  is fit for purpose; and

9.1.3  matches its description.

9.2  We must provide you with digital content that complies with your legal rights.

9.3  When we supply the digital content and allow you access to our portal:

9.3.1  we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content;

9.3.2  we do not promise that it is compatible with any third party software or equipment except where we have said that it is in the guide to its use or on our website; and

9.3.3  you acknowledge that there may be minor errors or bugs in it.

Faulty digital content

10.1  Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of this contract. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:

10.1.1  visit our website;

10.1.2  contact us using the contact details at the top of this page; or

10.1.3  visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.

10.2  Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

10.3  Please contact us using the contact details at the top of this page, if you want:

10.3.1  us to repair the digital content;

10.3.2  us to replace the digital content;

10.3.3  a price reduction; or

10.3.4  to reject the digital content and get a refund.

10.4  To avoid faults in the digital content happening, you must:

10.4.1  install any fixes, updates, upgrades, new releases and new versions is applicable as soon as reasonably possible after we tell you that they are available to be downloaded; and

10.4.2  use it only on the recommended third party software and equipment set out in the guide to its use or on our website

11  End of the contract

11.1  If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

12  Limit on our responsibility to you

12.1  Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for:

12.1.1  losses that:

(a)  were not foreseeable to you and us when the contract was formed; or

(b)  that were not caused by any breach on our part;

12.1.2  business losses; and

12.1.3  losses to non-consumers.

12.2  We are not providing professional services to you as your architect.  Any information given is  general guidance only and is not exhaustive. Any financial numbers, statistics or advice referenced on our website, or in our masterclasses, are simply estimates or projections based on past projects, and should not be considered exact, actual or as a promise of planning permission and / or potential earnings.  Every project is unique and requires the specific advice and guidance from the professionals involved. 

13  Disputes

13.1  We will try to resolve any disputes with you quickly and efficiently.

13.2  If you are unhappy with:

13.2.1  the digital content;

13.2.2  our service to you; or

13.2.3  any other matter,

please contact us as soon as possible.

13.3  If you want to take court proceedings, the relevant courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.

13.4  The laws of England and Wales will apply to this contract

14  Third party rights

14.1  No one other than a party to this contract has any right to enforce any term of this contract.

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