STANDARD TERMS AND CONDITIONS FOR THE SALE OF DIGITAL GOODS

BACKGROUND:

These Terms and Conditions are the standard terms for the sale of digital goods via online ordering by Maths With No Fear, a Sole Trader, whose main trading address is 45 Edgar Street, Hereford, HR4 9JP.

1. Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

"Business Day" means any day other than Saturday or Sunday or bank holiday;

"Calendar Day" means any day of the year;

"Contract" means the contract for the purchase and sale of Digital Goods, as explained in Clause 3;

"Digital Goods" means the digital products which are to be supplied by Us to you as specified in your Order (and confirmed in Our Order Confirmation), including but not limited to downloadable educational materials, worksheets, guides, and digital content;

"Download Link" means the secure link provided to you via email to access and download your Digital Goods;

"Month" means a calendar month;

"Order" means your order for the Digital Goods, made via our website;

"Order Confirmation" means Our acceptance and confirmation of your Order as described in Clause 3;

"Pre-Contract Information" means information about Maths With No Fear, the Digital Goods, pricing, and your legal rights that We are required to provide under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which will be made available to you via our website and email;

"Price" means the price payable for the Digital Goods;

"Special Price" means a special offer price payable for the Digital Goods; and

"We/Us/Our" means Maths With No Fear, a Sole Trader, whose main trading address is 45 Edgar Street, Hereford, HR4 9JP.

Each reference in these Terms and Conditions to "writing" and any similar expression includes electronic communications whether sent by email, text message, or other means.

2. Information About Us

Maths With No Fear is a Sole Trader whose main trading address is 45 Edgar Street, Hereford, HR4 9JP.

3. The Contract

These Terms and Conditions govern the sale of Digital Goods by Us via our website and will form the basis of the Contract between Us and you. Before submitting your Order, you will have access to these Terms and Conditions and Pre-Contract Information on our website, and you should ensure that you have read these Terms and Conditions and the Pre-Contract Information carefully.

Nothing provided by Us including, but not limited to, information given on our website, sales and marketing literature, price lists and other information constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.

A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing by email.

4. Description and Specification of Digital Goods

We have made every reasonable effort to ensure that the Digital Goods conform to illustrations, photographs and descriptions provided on our website and in our sales and marketing literature. We cannot, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate due to differences in the colour reproduction of electronic displays. Nothing, however, excludes Our liability for mistakes due to negligence on Our part.

We are required by law to supply Digital Goods that conform to the Contract. If you receive any Digital Goods that do not conform to the Contract, please refer to Clause 8.

If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any descriptions, sales and marketing literature, price lists or any other information We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. If, as a result of any such error or omission, you have received the wrong Digital Goods, you may request replacement Digital Goods as provided in Clause 8. If as a result of any such error or omission, you have paid too much, We will refund the excess paid for the Digital Goods.

We reserve the right to make any changes in the specification of the Digital Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.

5. Orders

All Orders for Digital Goods made by you via our website will be subject to these Terms and Conditions.

You may change your Order at any time before We provide the Download Link by contacting Us. Requests to change Orders do not need to be made in writing.

If your Order is changed We will inform you of any change to the Price when you contact Us, and will confirm the change in writing.

If you change your mind, you may cancel your Order at any time before We provide the Download Link by contacting Us. Please refer to Clause 9 for details of your cancellation rights.

We may cancel your Order at any time before We provide the Download Link in the following circumstances:

  • The Digital Goods are no longer available; or

  • An event outside of Our control continues for more than 30 days (please see Clause 11 for events outside of Our control).

If We cancel your Order under sub-Clause 5.5 and you have already paid for the Digital Goods, the payment will be refunded to you within 14 Calendar Days. If We cancel your Order, you will be informed by email.

6. Price and Payment

The Price of the Digital Goods will be that shown on our website at the time of your Order.

If We offer a Special Price, the Special Price will be valid for the period specified on our website or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement. If the Special Price requires a promotion or voucher code and you are unable to provide a valid promotion or voucher code when making your Order, the Special Price will not be available to you. Orders placed during the validity period of a Special Price will be accepted at the Special Price even if We do not accept your Order until after the period has expired.

Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.

We have made every reasonable effort to ensure that Our Prices, as shown on our website are correct. Prices will be checked when We process your Order. If the correct Price of the Digital Goods is lower than that shown on our website, you will be charged the lower Price. If the correct Price of the Digital Goods is higher than that shown on our website, We will inform you and ask you how you wish to proceed.

All Prices include VAT where applicable. As We are not VAT registered, no VAT is charged on our Digital Goods.

All payments for Digital Goods must be made in advance before We can provide the Download Link to you.

We accept the following methods of payment:

  • Credit card

  • Debit card

  • PayPal

We do not charge any additional fees for any of the payment methods listed above.

Payment will be processed immediately upon placing your Order.

7. Delivery of Digital Goods

Digital Goods will be delivered electronically via Download Link sent to your email address.

When We send you an Order Confirmation, We will provide the Download Link within 24 hours of payment confirmation, usually much sooner.

Delivery will be deemed to have taken place when the Download Link has been sent to your email address.

If you do not receive your Download Link within 24 hours of payment, please check your spam/junk folder and contact Us at peter@mathswithnofear.co.uk.

The Download Link will remain active for 30 days from the date of purchase. You are responsible for downloading the Digital Goods within this period.

You are responsible for ensuring that you have adequate internet connection and compatible software to download and access the Digital Goods.

8. Faulty, Damaged or Incorrect Digital Goods

By law, We must provide Digital Goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, and in accordance with any pre-contract information We have provided. If any Digital Goods you have purchased do not comply and, for example, have faults, are corrupted when you download them, or if you receive incorrect Digital Goods, please contact Us as soon as reasonably possible to inform Us of the fault or error, and to arrange for a refund or replacement.

Beginning on the day that you receive access to the Digital Goods you have a 14 Calendar Day right to reject the Digital Goods and to receive a full refund if they do not conform as stated above, provided you have not downloaded or accessed the content. Once you have begun downloading or accessing the Digital Goods, your right to cancel under the Consumer Contracts Regulations is lost, except in cases where the Digital Goods are faulty or do not match their description.

If the Digital Goods are faulty, corrupted, or do not match their description, We will provide a replacement or full refund at no additional cost to you.

Please note that you will not be eligible to claim under this Clause 8 if the problem is the result of your equipment, software incompatibility (where system requirements were clearly stated), or user error in downloading or accessing the Digital Goods.

To report faulty or incorrect Digital Goods under this Clause 8, please contact Us by email at peter@mathswithnofear.co.uk with details of the issue and your Order number.

Refunds under this Clause 8 will be issued within 14 Calendar Days of the day on which We agree that you are entitled to the refund.

For full details of your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

9. Your Right to Cancel If You Change Your Mind

IMPORTANT: Your right to cancel Digital Goods is limited under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

As a consumer you have a statutory right to cancel your Contract with Us up to 14 Calendar Days after purchase. However, your right to cancel is lost once you begin downloading or accessing the Digital Goods, as you will have expressly consented to the immediate performance of the contract.

You may cancel your Order before We provide the Download Link or before you access any Digital Goods by contacting Us.

If you wish to exercise your right to cancel under this Clause 9 (before downloading or accessing the Digital Goods), you must inform Us of your decision. You may do so by contacting Us:

If you cancel before downloading or accessing the Digital Goods, We will issue a full refund within 14 Calendar Days of receiving your cancellation notice.

Refunds under this Clause 9 will be made using the same payment method you used when ordering the Digital Goods unless you specifically request that We make a refund using a different method.

10. Intellectual Property and Usage Rights

All Digital Goods remain the intellectual property of Maths With No Fear. When you purchase Digital Goods, you are granted a personal, non-exclusive, non-transferable license to use the content for your personal educational use only.

You may not:

  • Redistribute, resell, or share the Digital Goods with others

  • Make the Digital Goods available on any file-sharing platform

  • Modify, adapt, or create derivative works from the Digital Goods

  • Use the Digital Goods for commercial purposes without Our express written permission

You may print the Digital Goods for your personal use only.

Any breach of these usage terms may result in immediate termination of your license and potential legal action.

11. Our Liability

We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

We only supply Digital Goods for domestic and private educational use by consumers. We make no warranty or representation that the Digital Goods are fit for commercial, business or institutional use of any kind. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence; or for fraud or fraudulent misrepresentation.

Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

12. Events Outside of Our Control (Force Majeure)

We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, website hosting issues, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

  • We will inform you as soon as is reasonably possible;

  • Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;

  • We will inform you when the event outside of Our control is over;

  • If the event outside of Our control continues for more than 30 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;

  • If an event outside of Our control occurs and you wish to cancel the Contract, you may do so. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible.

13. Communication and Contact Details

If you wish to contact Us with general questions, complaints, or technical support, you may contact Us by email at peter@mathswithnofear.co.uk.

For orders and payments please contact Us by email at peter@mathswithnofear.co.uk.

In certain circumstances you may wish to contact Us about specific issues:

  • To report faulty Digital Goods please use the contact details provided in Clause 8;

  • For cancellations under your right to a cooling off period please refer to Clause 9.

14. Complaints and Feedback

We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

If you wish to complain about any aspect of your dealings with Us, please contact Us:

15. How We Use Your Personal Information (Data Protection)

We will only use your personal information as set out in Our Privacy Policy available from our website.

16. Other Important Terms

We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.

The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

17. Governing Law and Jurisdiction

These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.

Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

Last Updated: 09/10/25

Contact Information:

  • Business Name: Maths With No Fear

  • Address: 45 Edgar Street, Hereford, HR4 9JP

Email: peter@mathswithnofear.co.uk