Terms and Conditions
Fantom Factory is a Private Limited Company, incorporated as number 11183348, under the Companies Act 2006 (UK), and the situation of its registered office is in England and Wales.
Please read these Conditions of Use carefully. They apply to the website you were using which linked to these Conditions of Use (the "Site"). They govern the use of the Site – and also wherever "Site" is referenced, this extends also the use of our provided "Services". ("Services" include software consultancy and creation, and any support endeavours provided by Fantom Factory Limited.)
Section A – Website(For terms specifically regarding the eLearning Portal, see Section B)
- You agree to use the Site only in accordance with these Conditions of Use, for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Site.
- Prohibited behaviour includes (this list is not exhaustive) harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Site and impersonating another person (for example, by using their login details to access the pages of the Site fraudulently).
- We are not responsible for any content and/or information which you post, send or upload onto the Site. We reserve the right to withdraw any such content and/or information without notice and at our sole discretion and to pursue any cause of action against you available to us under applicable laws.
- All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) and all content located on the Site (unless otherwise stated) belongs to Fantom Factory Limited.
- Information contained in or accessible via the Site changes on a regular basis. We may make improvements or alterations to the Site at any time and without notice.
- Addresses of or links to other websites may appear on the Site for your convenience and we accept no responsibility or liability for the content of third party websites. Any link is not intended to be, nor should be construed as, an endorsement of any kind by us of another website.
- We further exclude to the fullest extent permissible by law (please see directly below for more details) all liability for damages and direct, indirect or consequential loss (all three of which terms include pure economic loss, loss of profits, loss of business, business interruption, depletion of goodwill and like loss) or otherwise incurred by you or any other person or organisation and arising out of or in any way connected with the use of the Site (and our Services) or its content, whether based on contract, tort, strict liability or otherwise.
- We do not exclude or limit our liability (if any) to you:
- for any breach of obligations arising under section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982;
- for personal injury or death resulting from negligence;
- under section 2 (3) Consumer Protection Act 1987
- for any matter for which it would be illegal for us to exclude or to attempt to exclude liability; or
- for fraud.
- You will defend, indemnify and hold harmless us, our affiliates and our officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable legal costs, arising out of or in any way connected with any breach by you of these Conditions of Use.
- These terms, and any other matters relating to Fantom Factory Limited are governed by the laws of Wales and England.
- All payment processing information for our online shop is processed through a third party payment gateway provider – Stripe. Fantom Factory Limited does not collate, process or hold any of this data.
- Website purchases through our online shop are for eLearning course licence keys. Refunds will only be considered, if a purchased licence key has not been redeemed through enrolment by an eLearning account. Once a key has been redeemed, the provided digital services have been delivered and the learner account has full access to the ‘digital goods’.
- All accounts created on the Site are related to eLearning enrolment only and are not connected to any purchases or financial transactions related to the sale of the eLearning courses in our online shop. We hold no purchase accounts and all financial queries regarding transactions should be directed to the payment gateway provider – Stripe.
- Each course licence key is intended for one person to use only. Enrolment using a licence key is linked to individual eLearning accounts and must not be used in any other capacity.
Section B – eLearning Portal
- You will be asked to read and accept these Conditions of Use at the point of account creation to use the eLearning Portal. If you do not agree with any of these conditions, you should not proceed to create an account.
- You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use our eLearning content in any way except for your own personal, non-commercial use.
- You will not impersonate another person (for example, by using their login details to access the pages of the Site fraudulently).
- Users under the age of 16 are not permitted to use our Site.
Section C – Software Services
- We will strive to provide tailored and objective advice in your best interest.
- We will always aim to complete any *agreed work, provided that all requirements on your side have been fulfilled and barring any extenuating circumstances (natural disaster, emergencies, medical etc), or any unforeseen circumstances out of our control. Should we be unable to fulfil this *agreement, a fair notice period will be issued to you as the client. (*Agreed work constitutes both parties having received and agreed to a relevant Service Agreement, as issued by Fantom Factory Limited.)
- We will provide full technical assistance for our provided services for the period of one working week, after delivery. At this point we shall issue our final invoice, which signifies your satisfaction with our completed services on payment.
- We will provide our Services within our hours of support, which are based on typical office hours for our geographical location in Wales, United Kingdom (GMT timezone).
- You (the Client) must provide all relevant information as required for Fantom Factory Limited to complete the project. Any delays in receiving this information may result in a change of delivery dates and possibly a re-prioritisation of work. Extra time spent on finding this information through other means, may result in extra charges being applied to the final invoice from Fantom Factory Limited.
- You (the Client) must disclose any potential technical impacts as soon as they are known. Any extra time spent on investigating ‘unforeseen’ technical barriers may result in extra charges being applied to the final invoice from Fantom Factory Limited.
- Good communication is expected from both parties (Fantom Factory Limited and the Client) in order to deliver an *agreed Project within the estimated timescales and budget.
- Once a Service Agreement has been finalised, if the scope of the required work for the Client changes, this may require a change of Service Agreement and associated estimate, in order to continue the Project.
Software & Licensing
- All Intellectual Property for software created by Fantom Factory Limited will belong to us (Fantom Factory Limited), unless otherwise determined within a Service Agreement.
- Any software owned/created by Fantom Factory Limited, may be altered and sold by Fantom Factory Limited through other channels (such as StackHub.org) to the wider commercial audience. In this event, any such software will be made completely generic, with no reference to any previous Clients or exposing any sensitive information or IP not belonging to Fantom Factory Limited.
- Software created for Clients will have no support agreements attached to these. At the point of invoice payment, any responsibility on behalf of Fantom Factory Limited for such a delivered product will effectively end. Any further support or assistance offered, will be on the basis of ‘best endeavours’.
- Any software sold as a commercial product, and not via a Service Agreement, will have a specified and attached licence agreement which dictates the terms of the use for that software product.
- Any refund requests for our software services will be judged on an individual basis.