SEA Website Use and E-commerce Terms and Conditions
The website, seahomeschoolers.com, for which these Terms and Conditions apply, is owned and operated by Secular, Eclectic, Academic, Inc. (“SEA or We or Us”). These Terms and Conditions govern the relationship between you the user (“User or You”) and SEA’s Website including SEA’s online store (collectively, the “Website”). Access to and use of the Website, and the products and services available through the Website (collectively, the “Services”), are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. These Terms of Service are important to User and to SEA as they are used to protect User’s rights and the rights of SEA.
Access to the Website is permitted on a temporary basis, and SEA reserves the right to withdraw or amend the Services without notice. SEA will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, SEA may restrict User’s access to some parts or all of its Website.
Changes to the Terms of Service and the Website
SEA reserves the right to update its Website and these Terms of Service from time to time at its discretion and without any notice. It is User’s responsibility to keep up-to-date with the latest Terms and Conditions by checking back regularly. User’s continued use of the Website following the publishing of updated Terms of Service will be taken to mean that User has read and agreed to the changes.
Access to SEA’s Website
SEA works hard to ensure its Website is always up and available but cannot guarantee that the Website will not have downtime for any reason. SEA reserves the right to close the Website for periods of time for maintenance or for any other reason. SEA will not be liable if, for any reason, all or part of the Website is unavailable at any time, or for any length of time.
Parts of SEA’s Website require User to input a password to access certain features. This is to be able to give you details relevant to your interaction while keeping them private to you. To do this, as part of our security procedures, we require you to register an account with SEA by entering User’s email and choosing a secure password. We highly recommend that you choose a strong password that is difficult for others to guess, and you log out from your account at the end of every session. There is a password reset procedure in case you forget your password. You must treat your account log-in information as confidential, not disclosing it to any third party and only using the Website in person. If you think there may have been any breach of security then it is your responsibility to notify us immediately and if log-in is possible, to change your password.
User must not misuse the Website. User will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Website or Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of the Website or any computer facilities of, or accessed through, the Website. Breaching this provision would constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
SEA will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of its Website or to your downloading of any material posted on it, or on any Linked Site.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through the Website remains the property of SEA or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by SEA and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Website, nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order, You are offering to purchase a product on, and subject to, the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Product receipt times may vary per availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to use SEA’s online store, You must be over 18 years of age and possess a valid credit or debit card, or contact SEA to make other arrangements. SEA retains the right to refuse any request made by You. If your order is accepted, you will be informed by email and we will confirm the identity of the party with which you have arranged a purchase. This will usually be SEA or may in some cases be a third party. Where a purchase arrangement is made with a third party, SEA is not acting as either agent or principal and the arrangement is made between You and that third party and will be subject to the terms of sale which they should supply you. When placing an order, You guarantee that all details provided to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Agreement
When You place an order, You will receive an acknowledgement email confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. An agreement between us will not be formed until We send you confirmation by email that the goods which you ordered have been shipped to You. Only those goods listed in the confirmation email sent at the time of shipping will be included in the agreement. The term shipping, used herein, may include physical shipment of a product or may also include availability to you of a digital product.
(b) Pricing and Availability
While we attempt to ensure that all details, descriptions and prices which appear on the Website are accurate, errors may occur. If We discover an error in the price or availability of any goods which You have ordered, We will inform You of this as soon as possible and give You the option of reconfirming your order at the correct price or cancelling it. If you cancel for this reason and you have already paid for the goods, You will receive a full refund. If We are unable to contact You We will treat the order as cancelled.
Any additional charges, such as delivery or any other, will be clearly displayed where applicable and included in the ‘Total Cost’.
SEA currently offers the option to pay for your order through PayPal. This payment option uses encryption to help keep your transaction secure and does not cost You anything to use. SEA is charged as the seller, You are not charged as the buyer, so You will not pay any extra for your order. You do not need to hold an account with PayPal to use this method of payment. Please refer to PayPal for full terms and conditions of use. If You need to pay by another method, please contact SEA to make alternate arrangements.
Disclaimer of Liability
The material displayed on the Website, including SEA’s online store, is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, SEA, its online store and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity, and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect SEA’s liability for fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.
Linking to the Website
You may link to the SEA Website’s home page, provided You do so in a way that is fair and legal and does not damage SEA’s reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval or endorsement on SEA’s part where none exists. You must not establish a link from any website that is not owned by You. SEA’s website must not be framed on any other site, nor may You create a link to any part of the website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on the Website are in no way associated, linked or affiliated with SEA and You should not rely on the existence of such a connection or affiliation. Any trademarks or names featured on the Website are owned by the respective trademark owners. Where a trademark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to SEA.
You agree to indemnify, defend and hold harmless SEA, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use the Website or your breach of the Terms of Service.
SEA shall have the right in its absolute discretion, at any time and without notice, to amend, remove or vary the Services, content, and/or any page of the Website.
If any part of the Terms of Service is deemed legally unenforceable, the enforceability of any other part of the Terms of Service will not be affected with all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, You agree that the clause shall be rectified and interpreted in such a way that closely resembles the original intent of the clause /sub-clause as is permitted by law.
We want to handle any complaints in a timely manner. We will attempt to resolve any disputes when they first arise, please let us know if You have any complaints or comments. Contact us at [email protected]
If You breach these Terms and Conditions, and We take no action, We will still be entitled to use our rights and remedies in any other situation where you breach these Terms and Conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between You and SEA. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of SEA.