Keith Bound

SECTION A
Please read these terms carefully, they contain important information about your rights and obligations. You can print out these terms by clicking on the print icon on your browser.

1.1 This website is operated by Image Dynamics (“ID”). In particular, please note clauses 6 (Online materials) and 10 (Liability). By clicking on the ‘I Accept’ button appearing on this page you agree to be legally bound by these terms as they may be modified and posted on this website from time to time.

1.2 Without prejudice to the above, by clicking on the button marked ‘I Accept’ at the end of these terms and/or by using or accessing the website, you agree to be legally bound by these terms of use as they apply to your use of or access to this website.

1.3 If you do not wish to be bound by these terms then you may not use the website.

2.1 The website is a place for you to see information about ID, the services he can provide and the tools he has created to help individuals or businesses. You can select and order ‘The Grow Cards’ or other products (all of which will together be referred to as ‘Products’) or the advertised services (“the Services”). This website describes the Products and Services in more detail. You will be asked to accept the terms under which ID sells any Products or Services which you will find set out under the heading “Buying Goods or Services through this website” when ordering any of the Products or Services.

2.2 For some of the Products displayed or referred to on the website, ID may act as an agent only, putting you in touch with the person or body offering the Product for sale. Where this is the case, you will leave this website and ID shall have no liability in relation to your use of another website so accessed. When ID acts as an agent in this way, any agreement to purchase is between you and the person or body offering the Product for sale. When acting as an agent, ID shall have no liability to you for any losses, damages or expenses other than your applicable statutory rights. Any warranties concerning such third party Products are warranties made by the seller of that Product and as such KB is not responsible for any breach of those warranties.

2.3 Please note that purchases through this website can only be made by individuals that can form legally binding contracts under applicable law. The contents of the website are aimed at users aged 18 and above, but you are bound in any event to adhere to any terms concerning minimum age as may be required to complete the lawful purchase of the Products using the payment methods available on this website. If you do not qualify or ascertain that you do not qualify by reason of age, please leave do not attempt to enter any transaction. If you do purport to make any purchase when not entitled to do so, KB is entitled to rescind the resulting agreement.

3.1 ID reserves the right to make changes or corrections, alter, suspend or discontinue any aspect of the website or the content or Services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content, and /or the sale of new Products and / or the release of new software tools or resources shall be subject to these terms.

3.2 Please note that although ID tries to ensure that the content of the website is accurate, it may contain typographical errors or other inaccuracies.

4.1 The following applies to any information you provide to us, for example during any registration or ordering process. You authorise ID to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the Services which are available through the website by ID, ID’s partners, successors (including the purchaser of the whole or part of the business), associates, sub-contractors or other third parties (together the ‘Partner Companies’). These Partner Companies may be located in countries outside the EEA that do not have laws to protect your information. Details of the companies and countries involved in your case will be provided on request. If you would like to request such information or review or modify any part of your personal information then you should e-mail to Email If you obtain or choose to buy Products through the website then ID may collect this information into a file specific to you and must pass on such data to the seller of any Products for which you have made an offer to buy which are not ID owned Products (together, the various purposes set out in this paragraph and in the privacy policy shall be known as ‘the Purposes’). All such information collected by ID shall be referred to in these terms as ‘Personal Information’.

You must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. For more information about how ID deals with your Personal Information, please read the privacy policy.

4.3 In addition, the following also applies to all messages, e-mails, bulletin boards postings, ideas, suggestions, concepts or other material submitted by you to us (‘Content’): You must own or have the right to submit Content for publication on the website and all Content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, regulations, standards and/or codes of practice; you must ensure that all Content submitted to ID does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful; you must ensure that the Content does not advertise or otherwise solicit for funds or is a solicitation for goods or services; and ID has the right to monitor Content and may edit, reject or remove Content if, in ID’s opinion, it does not comply with the above and, in particular, ID reserves the right to block incoming e-mails and other Content if their content is or may be inappropriate or otherwise does not comply with the above.

4.4 You grant ID a non-exclusive, irrevocable, royalty free, worldwide license to publish all Content that you submit to ID except any portion of the Content that is Personal Information. You have sole responsibility for the Content which you submit to KB and you shall indemnify and shall keep ID fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by ID and arising directly or indirectly out of the publication of Content submitted by you to ID.

4.5 You warrant and undertake that you will not use the website for any purpose that is illegal or prohibited by these terms, including without limitation the posting or transmitting of any libellous, defamatory, inflammatory or obscene material. If you breach these terms then your permission to use this website terminates immediately without the necessity of any notice being given to you. ID retains the right to deny access to any person who fails to comply with these terms.

You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, e-mail verification and password that may be given to you or selected by you for use on the website. You may not share these with or transfer them to any third parties. You must notify ID immediately of any unauthorised use of them or any other breach of security regarding the website that comes to your attention.

6.1 Unless otherwise specified, all content and materials published on the website are not for resale by you to any other organisation or business.

6.2 The website is controlled and operated from England. Where content published on the website is supplied by third parties, you understand that ID does not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with ID, is published in good faith but ID does not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content, except for content which relates directly to Products you purchase. You assume total responsibility and risk for your use of the website and use of all information contained within and within the Products.

6.3 ID has used best endeavours to ensure that the website complies with UK laws. However, ID makes no representations that the materials on the website are appropriate or available for use in locations outside the UK. Those who visit the website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of the website and/or viewing of it, or use of any material or content on the website or Services, or Products offered through the website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use the website and you must exit immediately.

6.4 ID makes no representations and gives no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. ID accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.

The contents of the website are protected by international copyright laws and other intellectual property rights. The owner of these rights is ID, its affiliates or other third party licensors. All product and company names and logos mentioned in the website are the trade marks, service marks or trading names of their respective owners, including us. You may download material from the website for the sole purpose of placing an order or using the website as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from the website including but not limited to text, graphics, video, messages, code and/or software without ID’s prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.

ID makes no representations whatsoever about any other websites which you may access through the website or which may link to the website. When you access any other website you understand that it is independent from ID and that ID has no control over the content or availability of that website. In addition, a link to any other website does not mean that ID endorses or accepts any responsibility for the content, or the use of, such a website and ID shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

ID will try to make the website available but cannot guarantee that the website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of the website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.

All notices shall be given: to KB via Email or by post to Techno Centre, Puma Way, Coventry, CV1 2TT; or to you at either the e-mail or postal address you provide during any ordering process. Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.

Terms For The Supply Of Coaching Or Developmental Seminars, Lectures, Presentations Or Project Work.Please read these terms carefully, they contain important information about your rights and obligations. You can print out these terms by clicking on the print icon on your browser.

1 Interpretation

“ID” means Image Dynamics whose address for service is The Techno Centre, Puma Way, Coventry, CV1 2TT, England “Material” includes, in addition to a document in Writing, a map, plan, design, drawing, picture or other image, or any other record of any information in any form including that which may appear or be contained in any Physical Products; “Physical Products” are all those items for sale from ID (either through the website or otherwise) which are not Software Products, including ‘Grow Cards’, information books or manuals and other Products which may be advertised from time to time; “Project Work” means any service to be provided by ID which is not a ‘Seminar’ and shall include any consultancy or project development work but Seminars may be delivered in the course of providing Project Work; “Seminar” means the service to be provided by ID as referred to in the website and which shall include all lectures, seminars, presentations or advisory interviews; “Standard Charge” means the charge shown on ID’s as applicable to a Seminar ‘type’, or as shown in any brochure or other literature published by or on behalf of ID from time to time; “You” means you and “Client” means the company, partnership, association or other business entity which you purport to represent; “Website” means the website owned and operated by Image Dynamics.

2.1 If you would like Image Dynamics to present one of his Seminars or to provide Project Work to your business, you can place an order through the website or by phone or letter. By clicking on the button marked ‘I Accept’ at the end of these terms, you make an order and agree that you are an individual authorised by the Client to order the Seminar or Project Work subject to these terms and that these terms shall constitute the agreement between ID and the Client (the “Agreement”). If you place an order other than through the website, ID can only accept your order if it is agreed that you will be bound by these terms.

2.2 ID shall not be obliged to accept your order. He will reply to you with information in order to establish details of location time and date. Once such information has been provisionally agreed, whether by phone, email or other correspondence, ID will accept your Order sending you a confirmatory email or letter stating the amount of any deposit that may be required and the date by which the deposit must be paid. Please note that if the deposit is not received by ID at least three months prior to the date on which the Seminar or Project Work is to be commenced, he shall have no obligations under this Agreement unless it is otherwise confirmed in writing.

2.3 The Seminar and any Project Work shall be provided in a manner in keeping with the description on the website, subject to these terms. Further details about Seminars or Project Work, and advice or recommendations about the provision or utilisation of such services, which are not given in ID’s website or other promotional literature, may be made available on written request. You agree that the Client does not rely on any representation appearing on the website or in any other promotional literature in entering into this Agreement.

2.4 ID may correct any typographical or other errors or omissions in any advertising on the website or in any brochure, promotional literature, quotation or other document relating to the provision of the Seminar or any Project Work without any liability to you, the Client.

2.5 ID may at any time without notifying you make any changes to the Seminar which do not materially affect the nature or quality of the Seminar.

2.6 Any changes or additions to the Seminar or any Project Work that you may require must be notified in writing by the Client and ID is entitled to reject any such changes. Any rejection of requested changes shall not operate to terminate or vary this Agreement.

3.1 Subject to any special terms agreed, you will pay ID’s Standard Charges and any additional sums when due under these terms for the provision of the Seminar.

3.2 Prices payable are those prices in force at the date and time of your order. ID may change the price after you have seen the price on the website. ID tries to ensure that the prices displayed on the website are accurate but the price on your order will need to be validated by KB as part of the acceptance procedure. ID will inform you if a Seminar’s correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the service at the correct price.

3.3 All charges as quoted for the provision of a Seminar or any Project Work are exclusive of any Value Added Tax (for which you shall be additionally liable at the applicable rate from time to time) and out of pocket expenses. ID reserves the right to recover the cost of travelling or mileage, together with any subsistence expenses (if the Seminar or any Project Work is to be more than 4 hours in duration) and hotel accommodation if necessary or desirable and agreed with you in advance.

3.4 ID may require a deposit payment equal to 10% of the Standard Charge for any Seminar or Project Work. If you cancel your order for any reason, any deposit payment shall not be refundable. If you cancel the Seminar or any Project Work at any time within the period starting 30 days before the Seminar is due to take place or the Project Work is due to start, you shall be liable to make payment of the full Standard Charge. Any deposit paid will be taken as part payment of that Charge.

3.5 All payments due under invoice shall be payable no later than 30 days from the date of the invoice.

3.6 If payment is not made on the due date, ID shall be entitled, without limiting any other rights he may have, to charge interest on the outstanding amount (both before and after any judgment) at the rate of 2% per cent above the base rate from time to time of National Westminster Bank plc from the due date until the outstanding amount is paid in full.

4.1 KB owns the property and any copyright or other intellectual property in the Seminar and any Material used in the Seminar or in any Project Work, save for any Material made available to him by you.

4.2 After the Seminar or Project Work has been delivered and if so agreed by ID in writing, you may be entitled to use some or all of ID’s Material (or copies of it) for the benefit of the Client only. If so agreed, ID shall grant a revocable non-exclusive licence, which will be deemed revoked in the event of any default by you of any terms of this Agreement, whether default arises from non-payment, late payment or other breach.

4.3 Any of ID’s Material shall be kept confidential and you shall have a duty to ensure that your employees or agents shall comply with the requirements of these terms but the foregoing shall not apply to any documents or other materials, data or other information which are public knowledge at the time when they are so provided by either party, and shall cease to apply if at any future time they become public knowledge through no fault of the other party.

4.4 In the event that a licence is granted under 4.2 above, ID warrants that any of the licensed Material will not infringe the copyright or other rights of any third party, and ID shall indemnify the Client against any loss, damages, costs, expenses or other claims arising from any such infringement.

5.1 Subject to 5.3, ID will provide the Seminar or any Project Work using reasonable care and skill and at the intervals and within the times referred to in the Confirmation although where delivery is delayed or cancelled by reasons beyond the reasonable control of ID (including illness), time and date of delivery shall not be of the essence.

5.2 ID does not give any warranty, guarantee or other term as to the quality, fitness for purpose or expectations regarding any Physical Products, Material which may be used in, delivered at or referred to in any Seminar or Project Work.

5.3 To the fullest extent permitted by law, ID shall not be liable to you the Client or any person attending a Seminar by reason of breach of contract, negligence, or otherwise, for any loss or damage, whether direct or consequential, that may be occasioned to any person who may act or omit to act or who may refrain from acting because of anything said, displayed or presented in the course of a Seminar, any Project Work or in any Material or Physical Products. Notwithstanding the foregoing, ID shall be liable as follows:
(a) limited to the amount of the applicable Standard Charge, for any non-attendance of ID on the agreed date and the agreed location for the delivery of the Seminar arising other than non-attendance arising out of anything done by the Client;
(b) limited to the obligation to replace such Products, for any defective Physical Products which are sold or licensed to the Client at or immediately following the Seminar and ‘defect’ shall only mean where such Products are clearly damaged;
(c) any death or personal injury of any person caused by the negligence of ID or arising from any fraud or fraudulent misrepresentation;
(d) as set out in 6.2 below.

6.1 Subject to the obligations to make payment in clause 3 above, you may terminate this Agreement at any time by giving written notice to ID.

6.2 ID may terminate this Agreement at any time by notice in writing and shall become liable to repay any monies paid to him by way of deposit. Any such refund of deposit shall be paid within 30 days of the date of the cancellation notice.

7.1 These terms constitute the entire agreement between the parties regarding the provision of the Seminar and supersede any previous agreement or understanding and may not be varied except in writing. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.

7.2 A notice required or permitted to be given by either party to the other under these terms shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

7.3 No failure or delay by either party in exercising any of its rights under these terms shall be deemed to be a waiver of that right, and no waiver by either party of any breach of this Agreement by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.

7.4 If any provision of these terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and the remainder of the provision in question shall not be affected.

7.5 English law shall apply to this Agreement, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.

Welcome to Image Dynamics web portal. Please read these Terms and Conditions carefully. They constitute an agreement between Image Dynamics and you (the “user”). They apply to your use of the Image Dynamics (the “web portal”) and the learning materials that are delivered through it (the “service”). When you register to use the web portal, you will be asked to confirm that you have read and agree to these and the web site terms and conditions. Each time you access and use the Service at www.image-dynamics.co.uk or www.keithbound.com you are agreeing to these Terms &Conditions. If you do not agree with these Terms & Conditions, do not use the service.

The service includes access to the GROW cards software and other products that maybe made available through the web portal. There are currently subscription charges levied on registered users. Image-Dynamics will try to make the web portal available but cannot guarantee that the web portal or web site will operate continuously or without interruptions or by error free and can accept no liability for its unavailability or software downloading problems. You must not attempt to interfere with the proper working of the web site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device.

You may not reproduce, modify or in any way commercially exploit any of the content and/or services of Image Dynamics Changes to Terms and Conditions Image Dynamics reserves the right to make changes to these Terms & Conditions and reserves the right to update or amend these Terms & Conditions at any time. It is your responsibility to check these Terms and Conditions from time to time and note any changes.

We have exercised reasonable skill and care in preparing material that is accurate and relevant to the subject matter although we make no warranty that this will always be so. You will not be notified if, as a result of current thinking or developments in technology, changes are ma de to the material or content.

Each registration is for a single user only. On registering, you will choose a user name and password. You are responsible for ensuring that your username and password remain secure. You should take particular care not to leave your computer unattended whilst logged on to the web portal at www.image-dynamics.co.uk or www.keithbound.com and ensure that you log off properly when you have finished a session. You must not permit any of the following:

You must notify us immediately if at any time you believe an unauthorised person knows your username or password. In order to protect you, we reserve the right to suspend the use of your username and password if we believe that an unauthorised person may have access to it. You agree that we will not be held liable for any losses suffered as a result of any unauthorised use of your username and password.

You are responsible for all use of the Image Dynamics web portal made by you or anyone else using your user name and password. If you believe there has been a breach of security you must notify Image Dynamics immediately by Email Suspected illegal activities on this site will be reported to the relevant authorities. You may not assign or otherwise transfer your rights under these Terms & Conditions.

Image Dynamics will not be liable for any loss or damage arising from any failure to comply with this section. Image Dynamics therefore reserves the right to remove, without prior consultation.

Nothing in these Terms and Conditions excludes or limits the liability of Image Dynamics for death or personal injury caused by Image Dynamics negligence or for fraudulent misrepresentation.

We cannot warranty that the service will meet your needs. You accept that the service may be interrupted, either for reasons entirely beyond our control. We will not be held responsible for any interruption of service, for any reason whatsoever.

Image Dynamics cannot be held responsible for those parts of the Internet infrastructure that are beyond its control.Ultimately, Image Dynamics shall not in any event be liable to you for any delay or non-performance of the Services arising from any cause beyond our reasonable control.

The Image Dynamics service may not be compatible with your computer hardware or software and we cannot provide any warranty that it is. We suggest that you read the system requirements page before committing yourself to registering.Image Dynamics reserve the right to terminate your registration in the event of any breach of agreement, abuse of the Service as described in these Terms & Conditions, and breaches of Image Dynamics privacy or security policies.

These Terms & Conditions shall be governed by, and construed in accordance with, the laws of England and Wales. The parties irrevocably agree that the courts of England shall have non-exclusive jurisdiction to settle any dispute, which may arise out of, under, or in connection with these Terms &Conditions.

If any term of this Agreement is held, by judicial decree or decision to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable.

You agree to indemnify us from all or any liabilities, claims, expenses and damages that may arise as a result of your use of this web site.

We are committed to providing the highest quality standards in delivering the Service to our users. We aim to provide efficient and effective service and take a serious view of any problems that do arise. We aim to ensure that any complaints our users identify are dealt with quickly. If you have any cause for complaint with regard to the Service or any of the web site content please email us at this address: Email or post to TechoCentre Puma Way, Coventry, CV1 2TT, England.

1.1 You may be buying on behalf of a business or simply for yourself. If you are buying on behalf of a business, there are different terms which will apply to any purchase you make. If you are buying Products for yourself, then the law identifies you as a ‘consumer’ and you have additional legal rights. You may be buying other than via the website. If so these terms will apply to your purchase.

1.2 Physical Products are all those items for sale from Image Dynamics (either through the website or otherwise) which are not Software Products. These include information books or manuals and other Products which may be advertised from time to time.

1.3 Software Products may be available by download or by CD or DVD. The description on the website of the Product which you are interested in will make clear whether it is a downloadable Software Product or will be available only in CD or DVD format.

1.4 By clicking on the button marked ‘I Accept’ at the end of these terms, you agree that you are buying any Products subject to these terms and that these terms shall constitute the agreement between Image Dynamics and you or the legal entity that you represent (the “Agreement”).

2.1 Image Dynamics may license the Software to you for wider commercial use in certain circumstances. Usually this will be when the Software is used in the delivery by Image Dynamics of lectures, seminars or educational sessions. For details of the extended license, please contact Image Dynamics as appropriate.

2.2 If no enhanced licence is obtained, then use of the downloadable Software will be restricted as described below and use of the Software made available on CD or DVD will be restricted to the terms of the ‘shrink wrap’ licence in which the disc is delivered.

3.1 To order a Software Product through the website you will need to follow the ordering procedures set out on the order page of the website. Details of our prices for the Software Products and the procedures for payment and delivery are displayed on the website.

3.2 By placing an order, you warrant to Image Dynamics that you are authorised to make a purchase on behalf of the business on whose behalf you are acting, or, if you are buying as a consumer, you are capable of making a contract under the laws of England and Wales.

3.3 Image Dynamics does not have to accept an order placed by you. If your order is accepted, Image Dynamics will confirm acceptance to you by online electronic means (‘Confirmation’) to the email address you have given on ordering.

3.4 If the Product is a Software Product to be delivered only by downloading over the internet, Image Dynamics will not be deemed to have accepted your order for a downloadable Product unless and until the security code or email link necessary for the download is sent by email to you.

4.1 Software Products will be available for delivery to you by download or by post in CD or DVD format.

4.2 Any times or dates stated for delivery are estimates only. Image Dynamics will make all reasonable efforts to deliver Products within the time specified, but does not accept liability for any failure to deliver within that time.

4.3 Making a download link available to you constitutes performance of Image Dynamics obligations to you in providing a downloadable Product.

4.5 If the Product is a software Product which is being made available to you in CD or DVD storage media, then it will be consigned by post to you by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within thirty (30) days of the date that Confirmation is sent out to you.

5.1 You must pay for any Software Product using Paypal or a debit or credit card at the time of your order. Image Dynamics reserves the right to obtain validation of your credit or debit card details before providing you with any such Products or Services.

5.2 Prices payable are those prices in force at the date and time of your order. Image Dynamics may change the price of any Product after you have seen the price on the website but before you place an order. Image Dynamics tries to ensure that the prices displayed on the website are accurate but the price on your order will need to be validated by Image Dynamics as part of the acceptance procedure. Image Dynamics will inform you if a Product’s correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the Product at the correct price.

7.2 If you are buying as a consumer (not seeking to buy as the representative of a business entity), you may cancel your agreement to purchase a Physical Product and return any such Products you have purchased within seven (7) working days of the date of delivery to you.

7.3 You may cancel for any reason (including if you simply change your mind) but to do so you must notify Image Dynamics in writing or other durable medium (including email) within those seven (7) working days.

7.4 Following a cancellation in accordance with the foregoing, you will then be entitled to a refund from Image Dynamics which will be paid as soon as possible and in any event within thirty (30) days. You must arrange for and pay the costs of returning the Physical Products to Image Dynamics – or, on request, we will collect the Physical Products from you, but the cost of this will be charged to you and we may deduct this from the refund. While in your possession, you must keep any Physical Products you intend to return to us in good condition. You are not entitled to copy any of the information, designs, pictures or material contained in the Physical Products if you are cancelling the purchase.

7.5 If the Physical Product delivered is not what you ordered (including any Substitute Products), or does not correspond with its description, or the Physical Product delivered is not of a satisfactory quality, then Image Dynamics may deliver to you a replacement for the Physical Product or refund to you the price paid and your reasonable costs of returning those Products.

7.6 The right to cancel detailed above does not apply to any downloadable Product once you have activated the download link.

7.7 The right to cancel also does not apply to any Product which is supplied on CD or DVD once you have broken the sealed cellophane wrapper covering the CD or DVD.

7.8 If you have any complaints, you should direct them to us via Email or by post at Image Dynamics, The Techno Centre, Puma Way, Coventry, CV1 2TT, England. The cost of such communications will not be charged by KB.

8.1 By this Agreement, you are agreeing that the owner of any Product retains all rights of an owner in that Product (including the right to be identified as the author if applicable), and that such rights shall be deemed to extend to any reproduction of the Product or part of the Product in a tangible or permanent form (‘the Printed Version’).

8.2 You agree that you shall not seek to exercise any rights over any Product or any part thereof (whether the Printed Version or otherwise) as against Image Dynamics or any person identified in any product information (given at point of delivery) as having rights of ownership.

8.3 Image Dynamics may terminate this License Agreement at any time if you are found in breach of any of these terms and if you are notified of termination, you must destroy and / or permanently erase all of your copies of any Products acquired by this agreement.

8.4 As a consumer you are entitled to use any Physical Products for your own benefit or the benefit of friends or work colleagues. You may not use them in the provision of any services which, in the reasonable opinion of Image Dynamics, may compete with any of the services provided by Image Dynamics.

8.5 If you have bought Physical Products as a consumer and later wish to be able to use them to further the interests of any business entity, you may apply to Image Dynamics by email, post or by telephone for information concerning a licence for such use.

8.6 The Physical Products are protected by international copyright laws and other intellectual property rights. Image Dynamics is the owner (or in some instances is the licensed user) of these rights.

8.7 You may not modify, copy, reproduce, republish, post, transmit or distribute, by any means or in any manner, any of the material or information in or on the Physical Products including but not limited to text, graphics, designs, layout or messages, without Image Dynamics prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.

8.8 Once you have taken delivery of the Software, Image Dynamics grants you a non-exclusive, non-transferable licence to use the software, on the terms and conditions of this Licence.

8.9 Image Dynamics is under no obligation to provide you with any updates to, or new versions of, the Software (‘Upgrades’). However, if Upgrades are to be supplied, your use of the Upgrade will be subject to this Licence Agreement from the time of unsealing or downloading.

10.1 This clause applies to those Products for which the intellectual property is owned by or licensed to Image Dynamics (‘Image Dynamics Products’) and which are available for download. It does not apply to any material purchased from another party in which Image Dynamics has acted only as an introducing agent.

10.2 For downloadable Software Products and web portal, on payment being made, Image Dynamics grants you a non-exclusive, non-transferable licence to use the Software, on the terms and conditions herein.

10.3 Image Dynamics is under no obligation to provide you with any updates to, or new versions of, the Software (‘Upgrades’). However, if Upgrades are to be supplied, your use of the Upgrade will be subject to this Licence Agreement from the time of unsealing and downloading.

10.4 If you are a consumer you are entitled to use the Software for your own benefit only. You may not use it in the provision of any services which, in the reasonable opinion of Image Dynamics, may compete with any of the services provided by Image Dynamics.

(i) make or distribute copies of the Software other than in order to make allowed backup copies;
(ii) use the Software over a network;
(iii) copy the Software from one computer to another without erasing the Software from the permanent memory of the first computer;
(iv) sub-license, rent, lease, transfer or attempt to assign this Licence Agreement or the Software to any other person and any dealing in contravention of this clause shall be ineffective;
(v) translate, modify, adapt, reverse engineer, disassemble, decompile or create derivative works based on the Software (whether for purposes of error correction or otherwise), except where a right to do so is conferred by applicable law and cannot be excluded;
(vi) use any backup copies for any reason other than to replace the original copy in the event that it becomes defective or is destroyed;
(vii) use the Software in any manner, or transfer or export the Software or any copies into any country, other than in compliance with applicable laws;
(viii) produce more than one copy of the printed version unless first agreed with Image Dynamics in advance; or
(ix) allow any other person to use the Software other than in accordance with the terms and conditions of this Licence

10.7 Image Dynamics may terminate this Licence Agreement at any time if you are found in breach of any of these terms and if you are notified of termination, you must destroy all of your copies of the Software.

11.2 Image Dynamics also promises that any Service Image Dynamics provides to you will be provided with reasonable skill and care.

11.3 Except as stated in this clause, Image Dynamics excludes all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any Products purchased as a result of access to the website or any information or service provided through the website.

11.4 Image Dynamics will endeavour to ensure that all materials and information published on the website are accurate, but please note that all content, materials and information on the website are provided on an ‘as is’ basis and you assume total responsibility and risk for your use of the website and use of all information contained within it.

11.5 Image Dynamics accepts no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of the website, its contents or the material or information contained in a Product, Image Dynamics accepts no liability for such loss or damage (except where Image Dynamics has been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of KB or KB’s servants, agents or any other person or entity.

11.6 If Image Dynamics is liable to you for any reason, that liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability Image Dynamics may have for death or personal injury resulting from Image Dynamics negligence or for fraudulent misrepresentation.

11.7 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the website and is compatible with the website. You also understand that Image Dynamics cannot and does not guarantee or warrant that any material available for downloading from the website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

11.8 The limitations and exclusions in this clause are not intended to affect your non-excludable statutory rights if you are buying as a consumer and they shall only apply to the extent permitted by applicable law.

12.1 Image Dynamics may assign, transfer, novate or subcontract any or all of Image Dynamics rights and obligations under the Agreement at any time.

12.2 Image Dynamics may alter these terms from time to time and post the new version on the website, following which all use of the website will be governed by that version.

12.3 These terms together with any order form and instructions regarding payment methods are the whole Agreement between you and Image Dynamics. You acknowledge that you have not entered into this Agreement in reliance upon any statement, warranty or representation made by Image Dynamics or any other person and you irrevocably and unconditionally waive any rights to claim damages and / or to rescind this Agreement by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms, privacy policy, order form and payment method instructions.

12.5 The Agreement is governed by English law and you submit to the non-exclusive jurisdiction of the English court.

12.6 Except in respect of a payment obligation, neither you nor Image Dynamics will be held liable for any failure to perform any obligation to the other due to causes beyond your or Image Dynamics respective reasonable control.

12.7 Failure or delay by either party enforcing an obligation or exercising a right under these terms does not constitute a waiver of that obligation or right.

12.8 These terms do not confer any rights on any person or party (other than you and / or Image Dynamics) pursuant to the Contracts (Rights of Third Parties) Act 1999.