Terms and Conditions
11PlusSwot.co.uk is the trading name of 11 Plus Swot Ltd.
v 1.1 07 July 2019
Access to and use of this site (11plusSwot.co.uk) is provided by 11 Plus Swot Ltd subject to the following terms:
1.AGREEMENT - By accessing, using, browsing or ordering on this site you agree that you have read, understood and agrees to be bound by these Terms and Conditions and you agree to comply with all applicable laws, rules and regulations.
2.CHANGES TO SITE - Further, we may change this Site at any time without notice by adding or removing features or services. This will be without liability to you. We reserve the right to withdraw offers and discounts at any time and at our discretion. Whilst every has been made to ensure the accuracy of the information presented, 11 Plus Swot Ltd does not warrant that the information accessible via this Site is accurate and assumes no duty to update such information. We do not accept liability for any errors or omissions.
3.LAW AND JURISDICTION - This contract is subject to the law of England and Wales. All disputes arising out of this contract shall be subject to the exclusive jurisdiction of the courts of England and Wales. Those who access the site from other locations are responsible for compliance with their local laws and taxes as applicable. Any disputes not resolved by normal complaints procedure will be resolved exclusively in the courts of England and Wales under English Law.
4.THE CONTRACT between us
PAYMENT - 11PlusSwot.co.uk must receive payment of the whole of the price of the goods that you order before your order can be accepted. Once payment has been received, 11PlusSwot.co.uk will confirm that your order has been acknowledged by sending an email to you at the email address you provide in your order form. Once we dispatch your order this brings into existence a legally binding contract between us.
PRICE - The prices payable for goods that you order is as set out in our web site at the time you place your order. We reserve the right to update prices as necessary. Occasionally, an error may occur and goods may be incorrectly priced in which circumstances we will not be obliged to provide the goods at the incorrect price. All prices include sales taxes (where applicable) unless otherwise stated, subject to change in taxation.
AVAILABILITY OF GOODS YOU ORDER
i.The total cost of your order is equal to the price of the items ordered;
ii.Availability: We will do our best to full fill your order within the time stated, but we cannot guarantee this in every instance. We will inform you of any problems as soon as possible;
iii.Shopping at 11 Plus Swot.co.uk is safe and guaranteed. All of the information you give us is private and secure. We do not sell or rent information about our customers.
DELIVERY OF GOODS TO YOU
i.11 Plus Swot will deliver the goods ordered by you to the address you give 11 Plus Swot.co.uk for delivery at the time you make the order.
ii.Delivery will be made as soon as possible after your order is accepted and in any event within 7 working days of your order.
iii.You will become the owner of the goods you have ordered when they have been delivered to you. Once the goods have been delivered to you they will be held at your own risk and 11 Plus Swot Ltd will not be liable for their loss or destruction.
COOLING OFF PERIOD - The law gives you seven working days to change your mind and cancel an order. If you wish to cancel your order within the 7 days you must do so in writing to us (not via email). Please include details of the card you wish to be credited as we do not store the card details used to make the purchase. Upon receipt your membership will be withdrawn and product costs only refunded (print, post and packing costs (if any) will not be refunded). Any files you have downloaded must be deleted. We will not pay for goods to be returned to us. You can cancel your monthly subscription at any time (from your 'My Account' page). Access to products, downloads, online tests etc will be withdrawn upon cancellation. No refund is given for part used months.
i.If the goods 11 Plus Swot delivers are not what you ordered, are damaged, defective or the delivery is an incorrect quantity you must notify 11 Plus Swot Ltd in writing of the problem within 30 days of receiving the order. In line with UK Distance Selling Regulations you may return the goods to us in their original condition within 30 days of your order for a complete refund. The goods need to be returned in mint condition and with the delivery note or invoice listing your unique order number and your name and address.
ii.Where goods are being returned because they are faulty or incorrect we will meet the cost of return but we ask that you allow us to nominate the carrier.
iii.If you do not receive goods ordered by you within 30 working days of the date on which you ordered them you must notify 11 Plus Swot in writing at firstname.lastname@example.org of the problem.
iv.If you notify a problem to 11 Plus Swot under this condition, 11 Plus Swot will, at your option, either: Make good any shortage or non-delivery; or replace or repair any goods that are damaged or defective; or refund to you the amount paid for the goods.
v.11 Plus Swot shall be under no liability whatever to you for any indirect loss or expense (including loss of profit) arising out of a breach of its obligations unless you have previously given notice that such loss is likely to be incurred in the event of breach.
vi.Nothing in this contract is, however intended to limit any rights you might have as a consumer under applicable local law that may not be excluded nor in any way to exclude or limit 11 Plus Swot’s liability to you for any death or personal injury resulting from its negligence.
vii.We do not represent or warrant that the information accessible via this site is accurate, complete or current.
6.ACCOUNTS AND REVIEWS
i.You will need to provide a username and password to order from us and use other features of the site. It is up to you to keep your account details up to date and secure. Your username must not contain profanity, defame others or be deemed offensive by 11 Plus Swot.co.uk staff. Your account may be suspended if it does not meet these guidelines.
ii.All accounts must have a unique username and password.
iii.Registered users are permitted to post reviews on products provided that they comply with the following Customer Review Guidelines. All reviews are subject to approval. We will not approve reviews that:
•Contain derogatory comments directed towards other reviewers.
•Contain content that will infringe upon the material, trademarks or intellectual property (e.g. copyright, trademark, privacy or trade secrets) of others.
•Contain content that might be considered sexually gratuitous, profane, unlawful, defamatory, libellous, abusive, incendiary, racially or sexually offensive, or obscene.
•Contain content that might be considered to be harassment, abuse or threats against the personal safety or property of others.
•Make false statements, defame or impersonate others.
•Contain spamming or advertising.
•Contain personal information about anyone – including yourself – such as phone numbers, postal addresses or credit card numbers.
•Contain HTML or computer script.
•Do not discuss the product being reviewed.
You acknowledge that any review, feedback, testimonial or rating which you leave may be published and agree that it may be displayed for as long as we consider appropriate and that we may use the content for marketing purposes.
iv.You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any feedback, ratings or reviews posted by you on the website, including the violation of their privacy or intellectual property rights.
v.You grant us a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you. We reserve the right to publish, edit or remove any reviews without notifying you.
vi.We may from time to time ask for content for the blog section of the site, and the same rules apply to these as reviews.
7.DATA PRIVACY - 11 Plus Swot has a privacy statement for all customers and users at https://11plusswot.co.uk/privacy-policy/
8.CONDITIONS OF USE - COPYRIGHT- Registered members may save and print individual items included on this Site. However this must be for your personal, non-commercial use only. Any other onward distribution or further publication is prohibited. Schools, teaching establishments, tutoring groups or other organisations wishing to make use of the papers should contact us re licensing terms.
9.DISCLAIMER - 11 Plus Swot Ltd disclaims all warranties, expressed or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose. In no event shall 11 Plus Swot Ltd be liable for any damages whatsoever, and in particular we shall not be liable for special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use arising out of use of this website, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise.
11 Plus Swot Ltd grants access to the pages contained herein upon condition that the visitor or viewer accepts the jurisdiction of the courts and laws of England and Wales to govern matters between us in relation to this web site. This website and the test papers downloaded or received by you from us may include inaccuracies or typing errors. Changes are made from time to time on this website, and to the information contained within it. Advice received or gleaned from this website should not be relied upon for personal, medical, legal or financial decisions and you should contact an appropriate professional for specific advice tailored to your requirements.
11 Plus Swot Ltd shall have no liability to you for any failure to provide access to the website. Whilst every effort is made to ensure access to the web site at all times, there may be periods where the website is offline.
10.LIMITATION OF LIABILITY - Subject to any relevant consumer protection legislation including our obligation under the Consumer Protection (Distance Selling Regulations) to give you a refund, if you cancel your contract, if we do not perform the contract within 30 days or other agreed timescale our liability for any breach of these terms and conditions shall be limited to the value of the goods ordered by you in the relevant transaction.
11.FORCE MAJEURE - 11 Plus Swot Ltd shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.
11 Plus Swot shall not be liable for any default due to any act of god, war, civil commotion, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond its reasonable control.
12.INVALIDITY - If any part of these conditions is invalid, illegal or unenforceable
(including any provision in which 11 Plus Swot excludes its liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English law.
13.LINKS - Any links featured on this Site have been included for your convenience only. The inclusion of a link does not imply that we endorse or accept any responsibility for the linked site, its content or its provider. Access to a linked site will be subject to that sites own terms and conditions, to which you should refer.
14.CHILDREN - 11 Plus Swot does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use 11plusswot.co.uk only with the involvement of a parent or guardian.
15.PROMOTION CODES - Promotion codes can only be used at the time of order. Promotion codes cannot be used retrospectively. We reserve the right to withdraw Promotion codes at any time without notice.
16. SHOP - PDF versions of our books are licenced for individual use and should not be photo copied or shared without our express permission. Schools and tutors can purchase multi user licences for use with these products.
17. CEM - 11PlusSwot.co.uk is not associated with CEM or the University of Durham in any way. Our tests, downloads and books do not contain questions endorsed by CEM or University of Durham.
18. GL - 11PlusSwot.co.uk is not associated with GL in any way. Our tests, downloads and books do not contain questions endorsed by GL.
19. Whilst every effort has been made to ensure the online tests, PDF downloads, books and resources match the way the school or area present their tests, PDF downloads, books and resources there may be cases where this is not so and they are different either due to omissions, oversight, the fact that the school is free to change the formats and layouts or for some other reason. 11PlusSwot cannot be held liable for any consequences as a result of these differences may have,
20. The free 30 day subscription period only applies to the initial purchase of the Study Pack subscription. The free period does not apply when upgrading to another level.
21.INTERPRETATION in these terms and conditions:
i.11 Plus Swot means 11 Plus Swot Ltd and any connected organisation that actually supplies goods ordered by you and any successor to its business; Registered Office: 11 Plus Swot Ltd, Winghams House 9 Freeport Office Village Century Drive, Braintree, United Kingdom, CM77 8YG Registration number: 07289935
ii.working day means every day of a calendar year apart from Saturdays, Sundays and statutory and public holidays;
iii.us means 11 Plus Swot Ltd and you together; and
iv.you and your means the person ordering the goods under these terms and conditions. The most recent version of these Terms and Conditions will always be found at 11PlusSwot co.uk.