General Terms & Conditions
1. INFORMATION ABOUT US
1.1
Gosumo-cvtemplate.com (“site”) is a site operated and owned by De Leydsche.
1.2
De Leydsche is registered in The Netherlands under Chamber of Commerce number; 56812655,
VAT identification number; NL001103055B43.
1.3
Contact: info[a]gosumo-cvtemplate.com
2. HOW THESE TERMS APPLY TO THE SALE OF PRODUCTS
2.1
These Digital Product general terms and conditions (together with any relevant documents referred to in them) set out the terms on which we supply any of the following products via our site to you:
Digital downloads of documents; CV templates, instructions, font link files (i.e. PDF, Word and PowerPoint files) to your computer or mobile;
2.2
Each time you purchase Digital Products through this site you will be required to check the “Yes I read the terms and conditions and agree to the term and conditions” checkbox to complete the order. By checking the “Yes I read the terms and conditions and agree to the term and conditions” checkbox and/or by using this site to purchase Digital Products you are accepting both this license agreement and terms and conditions of sale and if relevant any product specific terms. Any terms which you seek to impose in respect of your purchase of Digital Products through this site will not form part of any contract between us. Please read these terms and conditions carefully before ordering any of the Products from our site. If you have any queries on these terms please contact us before placing any order.
2.3
To the extent that there is any conflict or inconsistency between the terms and conditions on this site and the Privacy Policy in respect of your use of and/or order for Digital Products the following order of precedence will apply:
Digital Product general terms and conditions;
Privacy Policy.
2.4
We recommend you review these terms and conditions each time you purchase Digital Products and print a copy of these terms and conditions for your future reference.
3. INFORMATION ABOUT YOU
3.1
By placing an order for Digital Products through our site, you warrant that:
3.1.1
You are at least 18 years old;
3.1.2
You are legally capable of entering into binding contracts;
3.1.3
You will not copy, resell, distribute or share the Digital Products other than as allowed under these terms of sale and the product license agreement.
3.2
By placing an order for Digital Products you agree that we may store, process and use personal data collected from you for the purposes of processing/fulfilling your order. We work with third parties that help us provide the Digital Products to you including card payment and collection companies and they will also have access to your personal data to the extent necessary to help us process/fulfil your order. For further information about how we may store, process and use your personal data please refer to our Privacy Policy.
3.3
You agree to provide us with truthful, complete and accurate details. You agree to provide us with your details only.
4. DIGITAL PRODUCTS
4.1
We provide the digital service on this site which allows you to purchase downloads of cv templates (further called “Digital Products”), including information related to these products and associated files.
4.2
All Digital Products available through this site are owned or controlled by us are protected by intellectual property rights.
4.3
Any use of Digital Products purchased through this site are subject to the product license agreement. Upon payment of the price of the Digital Product we grant you a non-exclusive, non-transferable licence to use the Digital Product with these terms of sale.
4.4
All Digital Products available through this site are strictly only for personal use of the person buying the Digital Products.
4.5
You agree that you will not redistribute, transmit, assign, sell, share, broadcast, rent, share, lend, modify, adapt, edit, sub-license or transfer any Digital Products available through this site (whether the same are available as streams and/or downloads) in any manner. Nothing in these terms and conditions grants to you any rights other than those expressly set out herein. These terms and conditions do not grant to you any rights in relation to the synchronisation, public performance, promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of any Digital Product.
4.6
We will be entitled to obtain injunctive relief against you, in addition to all other remedies that we may have, to enforce these terms of sale and to prevent your unauthorised use of this site and/or Digital Products.
4.7
Downloads of Digital Products are capable of being downloaded to and stored on the hard drive of your computer and then exported or copied. You must adhere to any and all usage restrictions that apply to the Digital Product as set out in the product license agreement.
4.8
You are able to download the same Digital Product up to 5 times over a period of 4 days after the moment of purchase. Should you exceed this limit please email info[a]gosumo-cvtemplate.com and we will be able to assist you further.
4.9
Watermarking to prevent unauthorized use, Digital Products may carry a digital watermark that allows us to identify the origin of the Digital Product and track any subsequent unauthorized transfer. You agree to not attempt to remove the watermark or circumvent the security technology in any way.
5. REQUIREMENTS TO ACCESS AND WORK WITH THE DIGITAL PRODUCT SERVICES
5.1
In order to access and download Digital Products you will need (not included in the purchase):
Internet access;
Laptop / Desktop computer PC/Mac. Editing CV templates on mobile devices like telephones or tablets not recommended.
Windows 8, Windows 7, Windows Vista® Home Premium, Business, Ultimate, or Enterprise including 64 bit editions, Windows Vista SP1, Mac OS X 10.4.11 or Mac OS X 10.5.4, 10.5.5, and 10.6. Mac refers to zipped files as stuffed or compressed files.
MS Word and or MS PowerPoint 2007 or more recent editions.
Software to open zip files
A PDF file reader, such as Adobe PDF reader.
You acknowledge and agree that the provision of all these requirements is your responsibility, it is not included in the purchase. The provision of all these requirements is at your own cost. You are also responsible for ensuring that any hardware you use to download and/or access Digital Products functions correctly with this site.
5.2
Basic knowledge of and working experience with computers in general and specifically MS Word and/or MS PowerPoint is absolutely necessary to use and work with the Digital Product.
5.3
You acknowledge that due to industry/technology developments, the nature of the Digital Products offered (including format of files, operating systems, downloading software etc) and the system requirements may change from time to time. We shall use reasonable endeavours to update our site with information relating to system requirements.
6. PLACING AN ORDER AND HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1
After placing an order for a Digital Product via our site and completing payment, you will receive an on screen message and e-mail from us setting out the details of your order and acknowledging that we have received your order.
6.2
The contract for the purchase of any Digital Product will be between you and us and will only be formed when we make the Digital Product available for download and we have received payment in full for the Digital Product. Until we make the Digital Product available for download and receive payment in full there is no contract between you and us for the Digital Products. We reserve the right, in our sole discretion to reject any order we receive.
7. AVAILABILITY AND DELIVERY
7.1
All Digital Products featured on our site are subject to availability. We reserve the right to change or remove a Digital Product or other content on the site at any time without notice or liability to you.
7.2
After completing payment you will automatically return the checkout page of our site. On this page there will be a link to download the purchased Digital Product(s).
7.3
After completing payment you will also automatically receive an email with the link to download the purchased Digital Product(s).
8. PRICE AND PAYMENT FLOW
8.1
We will provide a download link to your purchased Digital Product directly after receiving payment. If you don’t receive any download link, please contact us via email: info@gosumo-cvtemplate.com and we will send it to you manually as soon as possible, within 48 hours after receiving your email.
8.2
We shall determine in our discretion from time to time whether and which Digital Products are to be made available free of charge, on payment by you of the relevant price or in return for some other consideration.
8.3
The price of any Digital Product will be as quoted on this site at the then current time, except in the case of obvious error. We will not accept any offers for Digital Product other than at the then current price. Digital Product may be purchased individually, or bundled in a suite. We reserve the right to make certain Digital Products available only as part of a larger product.
8.4
We use our best efforts to ensure the prices of Digital Products displayed on our site are correct. However, our site contains a number of Digital Products and it is always possible that, despite our best efforts, some of the Digital Products listed on our site may be incorrectly priced. If a Digital Product’s correct price is higher than the price stated on our site at the time you placed your order and we have not yet taken payment and made the Digital Product available for download we will normally, at our discretion, either contact you for instructions before making the Digital Product available for download (ie to confirm your order and that you wish to proceed at the correct price), or reject your order and notify you of such rejection.
8.5
We are under no obligation to provide the Digital Product to you at the incorrect (lower) price if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a pricing mistake. We reserve the right to withdraw from any contract for Digital Products in the case of obvious and unmistakable pricing errors.
8.6
Prices for Digital Products are liable to change at any time, but subject to sections 10.5, 10.6 and 22.2 changes will not affect orders in respect of which we have already taken payment and made the download available.
8.7
Note that if you are downloading the digital products to a mobile some network/service providers may charge you an additional amount for this service. We recommend you contact your network/service provider to understand the nature and extent of any additional charges before selecting the download to mobile option. Note that overseas roaming charges may also apply.
8.8
Payment for all Digital Products must be by Paypal. It is possible to pay with credit cards via Paypal.
8.9
By filling in the order form you confirm that you are authorised to purchase the Digital Products and that you are the holder of the relevant credit or debit card or of the relevant payment account or are expressly authorised to use such.
8.10
All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
9. CANCELLATIONS AND RECONSIDERATION PERIOD
Cancellation of an order for a download of a Digital Product
9.1
You may not cancel an order by you for any download of a Digital Product once it has been made available for download by you. Each purchase of a download shall be deemed a final, non-exchangeable, non-refundable sale.
9.2
A standard reconsideration period of 14 days is not applicable for the Digital Product purchase, due to the copy ability of the products. By purchasing, and agreeing with these terms and conditions you acknowledge and actively abandon your right to a 14 days reconsideration period for the Digital Product purchase.
10 SUPPORT
10.1
If you have any problems working with and/or editing the Digital Product, please consult our instruction file, consult the tips page on our site, or contact us my email for support: info[a]gosumo-cvtemplate.com. Our support is limited to offering tips and explanation on how to edit and work with the Digital Product. We do not do any editing of the Digital Product for you.
Faulty/Defective Digital Products
10.2
We take great care in providing our Digital Products. In the unlikely event of faults with, or damage to, the Digital Products or if you have received an faulty or incomplete Digital Product please contact us at info@gosumo-cvtemplate.com. We will replace any such faulty or damaged Digital Product if possible or if there are continuing issues with the Digital Product we may issue a refund. You must notify us within a reasonable period of time of download of the Digital Product. If you fail to notify us within a reasonable time, we will have no liability to you.
11. TERMS & CONDITIONS VIOLATIONS
11.1
If you are in breach of, or we suspect you are in breach of, these Digital Product Terms and Conditions then we may take any/all of the following actions:-
issue a warning to you;
immediate, temporary or permanent withdrawal of your access to download link and/or the site however you will remain responsible for all outstanding amounts on your account;
legal action against you;
disclosure of information to law enforcement authorities as we reasonably feel is necessary.
The responses described above are not limited and we may take any action we reasonably deem appropriate.
12. YOUR LIABILITY TO YOU
PLEASE READ THIS SECTION CAREFULLY AS IT SETS OUT THE LIMITATIONS OF OUR LIABILITY TO YOU
12.1
You agree you will have no claim against us, in respect of any decision to remove Digital Product from this site or any decision to suspend or terminate your access to this site or to Digital Products (including by way of purchase) through the site.
12.2
We warrant to you that any Digital Product purchased from us through our site is of satisfactory quality and reasonably fit for the purpose for which products of the same kind are commonly supplied. We do not make any other promises or warranties about the Digital Products. You agree that use of this site to access or purchase Digital Products is at your sole risk. We do not warrant that the Digital Product or Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We are not responsible for any damage on hardware, software or loss of data due to downloading the Digital Product, the use of the Digital Product, and/or the use of our website.
12.3
If you or we are in breach of the contract for the Digital Product, neither of us will be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the breach. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
12.4
Our liability for losses you suffer as a result of us breaking a contract for a Digital Product(s) is strictly limited to the purchase price of the relevant Digital Product(s) affected.
12.5
We do not warrant that using our Digital Product (cv template) will lead to successful job applications and career opportunities. The use of our Digital Product (cv template) for job applications and/or career opportunities is your personal decision. We are not responsible for loss of career opportunities and job opportunities due to the use of our Digital Product.
12.6
We are not responsible for losses which happen as a side effect of the main loss, delayed delivery or damage and which are not foreseeable by you and us including but not limited to:
12.6.1
third party loss;
12.6.2
loss of income or revenue;
12.6.3
loss of business;
12.6.4
loss of profits or contracts;
12.6.5
loss of anticipated savings;
12.6.6
loss of, damage to or corruption of data;
12.6.7
loss of opportunity or goodwill, including loss of career opportunities and job opportunities;
12.6.8
indirect or consequential loss of any kind; however arising and whether caused by tort (including negligence), breach of contract or otherwise.
12.7
This section 15 does not exclude or limit in any way our liability:
12.7.1
for death or personal injury caused by our negligence;
12.7.2
for fraud or fraudulent misrepresentation;
12.7.3
for any deliberate breaches of these terms by us that would entitle you to terminate the contract between us relating to the Digital Products; or
12.7.4
for any matter for which we cannot exclude, or limit our liability under applicable law.
13. WRITTEN COMMUNICATION
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
14. NOTICES
All notices given by you to us must be given by email to info@gosumo-cvtemplate.com or by post to De Leydsche, Leuvenstraat 37, 2313 XX Leiden, The Netherlands. We will give notice to you at either the e-mail or postal address you provide to us as part of the order process. Notice will be deemed received and properly served immediately when posted on our site, 48 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to, and received by, the specified e-mail address of the addressee.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
Neither you nor we may transfer, assign, charge or otherwise dispose of a contract for Digital Products, or any rights or obligations arising under it, without the other’s prior written consent. You agree however that we may sub-contract our obligations (for example contracting with a third party company to deliver the Digital Product) provided that we remain responsible to you for the performance of the contract.
16. EVENTS OUTSIDE OUR CONTROL
16.1
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract for a Digital Product that is caused by events outside our reasonable control (Force Majeure Event).
16.2
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks and/or the acts, decrees, legislation, regulations or restrictions of any government.
16.3
Our performance under any contract will be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance the same as the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations relating to the Digital Products may be performed despite the Force Majeure Event.
17. WAIVER
17.1
If we fail, at any time during the term of a contract for a Digital Product, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies which we are entitled to under the contract relating to the Digital Products, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2
A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with section 16 above.
18. SEVERABILITY AND THIRD PARTY RIGHTS
18.1
If any of these terms or any provisions of a contract for a Digital Product are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term or provision will to that extent be removed from the remaining terms and provisions which will continue to be valid to the fullest extent permitted by law.
18.2
A person who is not a party to these terms of sale has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms but this section does not affect a right or remedy of a third party which exists or is available apart from that Act.
19. ENTIRE AGREEMENT
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any contract relating to the Digital Products. If you are uncertain about your rights or think there is a mistake or that the terms are not complete and accurate or do not reflect any conversation with our customer services representatives, please contact us before placing an order in order to discuss your query/concern as we only accept responsibility for statements made in writing. In that way, we can avoid any problems surrounding what we and you are expected to do in relation to the contract for the Digital Product.
20. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
20.1
We have the right to revise and amend these terms and conditions of sale from time to time including to reflect changes affecting our business, changes in technology, changes in licensing arrangements, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our site’s capabilities.
20.2
You will be subject to the policies and terms and conditions in force at the time that you order Digital Products from us, unless any change to those policies or these terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we give you reasonable notice of the change to those policies or these terms and conditions before we confirm your order (in which case we have the right to assume that you have accepted the change to the terms and conditions.
21. LAW AND JURISDICTION
Contracts for the purchase of Digital Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Dutch law (The Netherlands law). Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of The Netherlands.
22. QUESTIONS OR COMPLAINTS?
If you have any queries at all regarding this site, the products featured on the site or any of the terms, please do not hesitate to contact us via e-mail at info[a]gosumo-cvtemplate.com, by telephone at +31 (0) 6 162 698 21 or via post at De Leydsche, Leuvenstraat 37, 2313 XX Leiden, The Netherlands. We will be more than happy to assist you.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content.
