Terms and Conditions
Terms and Conditions for use of the ISM Magic web site
This is a legal agreement between you, the User of this Web Site (ismmagic.com) and ISMMAGIC LIMITED (hereinafter referred to as ISMmagic) the owner of this Web Site. The User’s agreement to comply with and be bound by all these Terms and Conditions, without modification, is deemed to occur upon registration as a User of the Web Site. If you do not agree to be bound by these Terms and Conditions, you must stop using the Web Site and cancel your registration immediately.
Service guidelines, rules or other terms and conditions posted on the Web Site shall be deemed to form part of these Terms and Conditions. In the event of a conflict between such other posted rules or other terms and conditions these Terms and Conditions shall prevail.
Members are advised to read our Policy Documents
1) Legal JurisdictionThis agreement is governed by and subject to the laws and legal jurisdiction of England and Wales.
2) Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
a) “ISMmagic” means ISMMAGIC LIMITED, registered offices at Tava Pren, Reawla Lane, Reawla, Hayle, Cornwall, TR27 5HQ, United Kingdom.
b) “Web Site” means the website that you are currently using (www.ismmagic.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
c) “Service” / "Services" means collectively any online facilities, tools, services or information that ISMmagic makes available through the Web Site either now or in the future.
d) “Goods” means any electronically downloadable products that ISMmagic advertises and / or makes available through this Web Site, but excludes any advertised by members.
e) “Account” means collectively the personal information, Payment Information and credentials used by Members to access Paid Content and / or any communications System on the Web Site.
f) “Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site.
g) “Payment Information” means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes.
h) “Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form.
i) “Premises” means our place(s) of business located at Tava Pren, Reawla Lane, Reawla, Hayle, Cornwall, TR27 5HQ, United Kingdom.
j) “Subscription Fee” means the sum of money paid by Members at regular (e.g. monthly, quarterly or annually) intervals to keep their Account active and to enable them to access Paid Content and Services.
k) “Subscription Period” means the period for which a subscription has been purchased and may refer to one month, three months, six months or one year accordingly.
l) “System” means any online communications infrastructure that ISMmagic makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, stored data including audio recordings, message boards, live chat facilities and email links.
m) User / Users means any third party that access the Web Site and is not employed by ISMmagic and acting in the course of their employment.
n) Member / Members is interchangeable with User / Users
3) Restrictions
a) Members must be at least 18 years old. Any member who is found to be below 18 will have their membership terminated immediately.
b) Members may only have one account. There may be more than one account per household.
4) Business Customers
These Terms and Conditions also apply to customers buying Goods and Services in the course of business.
5) International Customers
If Goods are being ordered from outside ISMmagic’s country of residence, currently the United Kingdom, import duties and taxes may be incurred. ISMmagic is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected for customs purposes and ISMmagic cannot be held responsible for any damage to your Goods, arising from such customs inspection.
6) Intellectual Property
Subject to the exceptions in Clause 7) of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Members, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of ISMmagic, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by ISMmagic.
7) Third Party Intellectual Property
Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
8) Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of ISMmagic or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
9) Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so. ISMmagic may at its discretion and for whatever reason ask for such any link to be removed. Any such requests will be made to the User’s registered email address and the User responsible agrees to delete such link(s) within 48 hours of the request being made.
10) Use of Communications Facilities and Content Submission
a) When using the Service and when submitting Content to the Web Site by whatever means you should do so in accordance with the following rules:
i) You must not use obscene or vulgar language;
ii) You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist, racist or discriminatory in anyway whatsoever;
iii) You must not submit Content that is intended to promote or incite violence;
iv) You must not submit Content of an adult or sexual nature in any way whatsoever. This includes, but is not limited to, pornographic material, promotion of sexual aides or products on the the basis of enhanced sexual perfromance;
v)You must not promote foodstuffs or food supplements that have been rejected or key components of have been rejected by the European Foods Standard Agency or other relevant European Agency.
vi) You may not promote any pharmaceutical products.
vii) All personal avatars, if a picture of a person must be a true representation of the member, if of persons then the dominant person in the picture must be a true representaion of the member.;
viii) Persons appearing in personal & group avatars must be fully clothed;
ix) It is advised that posts on message boards, chat facilities or similar and communications with ISMmagic are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
x) You must not post links to other web sites containing any of the above types of Content;
xi) The means by which you identify yourself must not violate these terms of use or any applicable laws;
xii) You must not impersonate other people, particularly employees and representatives of ISMmagic or our affiliates and may not use the word ISMmagic or similar in your “Display Name” or “User Name” without the prior agreement of ISMmagic;
xiii) You must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and
xiv) You must not use our System for unauthorized mass-communication such as “spam” or “junk mail”.
xv) For the avoidance of doubt all Religious & Political discussion & comment of whatever nature is prohibited other than on blogs or in the Religion & Politics classroom of Magic School. Such comment may only be placed on a blog where the original blog is of a religious or political nature.There are no exceptions to this rule. Any such discussion or comment should respect other members right to their views and beliefs.
b) You acknowledge that ISMmagic reserves the right to monitor any and all communications made to us or using our System;
c) In order to use the Service and when submitting Content to the Web Site by whatever means, you are required to submit certain personal details. By continuing to use this Web Site you represent and warrant that:
i) Any information you submit is accurate and truthful; and
ii) You will keep this information accurate and up-to-date.
d) By submitting Content you warrant and represent that you are the author of such Content or that you have acquired all of the appropriate rights and / or permissions to use the Content in this fashion. ISMmagic accepts no responsibility or liability for any infringement of third party rights by such Content. Further, you waive all moral rights in the Content to be named as its author and grant ISMmagic a licence to modify the Content as necessary for its inclusion on the Web Site. ISMmagic accepts no responsibility or liability for any infringement of third party rights by such Content.
e) ISMmagic will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Content, nor for any errors or omissions in the Content. Use of and reliance upon such Content is entirely at your own risk.
f) Unless a Member informs ISMmagic otherwise, in advance of posting, in writing, and ISMmagic agrees to any terms or restrictions, all Content submitted is for publication on the Website and other such uses as ISMmagic may deem appropriate under a royalty-free, perpetual basis.
g) Content submitted by Members is not screened by ISMmagic prior to appearing online. We retain the right to exercise our sole discretion to remove or relocate any Content as we deem appropriate without the consent of the author. We shall be under no obligation to exercise such discretion. If you wish to enquire as to the removal of Content, please submit your query to support@ISMmagic. This does not constitute an undertaking to explain our actions.
h) You must not request other members lend you money.
i) You may only request donations to bona fide charities. ISMmagic may require you to produce certified copies of the charity registration documents. If so any requests for donations must cease until those documents are provided.
11) Accounts
In order to purchase Goods on this Web Site and to use the Service you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:
a) All information you submit is accurate and truthful;
i) You have permission to submit Payment Information if permission may be required.
ii) You will keep this information accurate and up-to-date.
iii) Your creation of an Account is further affirmation of your representation and warranty.
b) You do not share your Account details, particularly your Username and password. ISMmagic accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
c) If you have reason to believe that your Account details have been obtained by another without consent, you should contact ISMmagic immediately to suspend your Account and cancel any unauthorized purchases that may be pending. Please be aware that purchases can only be cancelled prior to being downloaded.
d) When choosing your Username you are required to adhere to the terms set out above in Clause 11. Any failure to do so could result in the suspension and/or deletion of your Account.
12) Membership Levels
a) There are four levels of membership Magician (Free), Pixie, Genie & Wizard. To view the features please click here.
b) ISMmagic may amend available features and benefits without notice.
13) Registration
a) On registration you join as a Magician (free member).
b) You may then choose to upgrade.
14) Subscriptions
a) Subscription charges commence on the date that your subscription (upgrade) is activated (or reactivated).
b) Your first payment will be at the price advertised on the Web Site. ISMmagic reserve the right to change Subscription Fees from time to time.
c) Subscription charges advertised exclude UK VAT. In the event that ISMmagic registers for VAT, it will be charged in addition to all UK members and EU members at the prevailing rate.
d) Changes in the Subscription Fee and UK VAT rates will be reflected in your subscription renewal immediately following any such change.
e) Subject to there being sufficient funds in their account 14 f);
i) Magician Users will automatically be upgraded to their selected "Auto Upgrade Option" or Pixie membership if none selected, during the first five working days of the following month.
ii) Upgraded Users will be automatically renewed at their current membership level prior to their upgrade expiry date. If there are insufficient funds for this 14 e) i) will apply.
f) Where a Magician, Pixie or Genie User earns sufficient commission (excluding commission on annual memberships) in the previous month, to cover the Wizard membership fee, they will be upgraded to Wizard membership during the first 5 days of the following month.
15) Payments
a) Payment of fees will be via “Alert Pay Subscription” unless otherwise agreed..
b) ISMmagic has the right to cancel your subscription and take payment from your ISMmagic account if in its view your monthly earnings are and will remain sufficient to cover your ongoing fees..
c) An Upgraded User's funds at the end of each calendar month, less their next renewal fee, will be paid into their specified Alert Pay account within 15 working days (England) of the end of the calendar month, subject to a mimum payment of $10.
16) Inactive Accounts
If a Magician User’s last login is over 60 days ago their account will be deemed to be inactive. The consequences of an account being inactive are
a) Any monies on the account will be forfeited.
b) All direct referrals will be forfeited.
c) The User may be moved (at ISMmagic's discretion) to a lower postion in the matrix.
d) The User's account may be deleted (at ISMmagic's discretion).
e) ISMmagic is under no obligation to notify Users whose accounts are about to become or are deemed inactive.
f) ISMmagic is under no obligation to notify Users that the items in paragraphs a) to d) above are about to be or have been actioned.
g) If a User is aware that, for reasons beyond their control, they will be unable to log into the system for an extended period they should inform ISMmagic. Actions per paragraphs a) to d) above will not then be taken.
17) Termination and Cancellation
a) Either ISMmagic or you may terminate your Account and (where relevant) your subscription. If ISMmagic terminates your Account and you are an upgraded, you will be notified by email of the reason for the termination. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
b) If your account is terminated as a result of your breach of these Terms and Conditions you will not be entitled to any refunds that may be stated elsewhere in these Terms and Conditions.
c) All completed purchases are non-refundable except where required by law.
d) Upon termination of your Account, pending purchases on your Account will be cancelled and you will be refunded any monies paid in relation to those purchases subject to paragraph 17) b)
e) ISMmagic reserves the right to cancel purchases without stating reasons.
f) If ISMmagic terminates your account or subscription for any reason, you will not be refunded any remaining balance of your Subscription Fee.
g) If ISMmagic terminates your account, you will cease to have access to your Account and Services, including any submitted content from the date of termination.
h) If you terminate your Account, for whatever reason, you will cease to have access to the system immediately;
i) Wizard Users will be paid the balance on their account at the next payment date, all other Users will forfeit the balance in their account.
18) Goods(Downloads), Pricing and Availability
While every effort has been made to ensure that all graphical representations and descriptions of Goods available from ISMmagic correspond to the actual Goods, ISMmagic is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether.
a) Where appropriate, you may be required to select features of the Goods that you are purchasing.
b) ISMmagic does not represent or warrant that such Goods will be available. Stock indications are not provided on the Web Site.
c) All pricing information on the Web Site is correct at the time of going online. ISMmagic reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
d) In the event that prices are changed during the period between an order being placed for Goods and/or Services and ISMmagic processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
e) All prices on the Web Site exclude VAT which may be chargeable at the prevailing rate where applicable.
19) Delivery / Download
a) If ISMmagic receives no communication from you, within 7 days of downloading the Goods, regarding any problems with the Goods (Download), you are deemed to have received the correct Goods (Download) in full working order and with no problems.
b) Where a free third party download is made available to Users and a User purchases an upgraded version from the third party, then that purchase is a contract between the User and the third party. ISMmagic has no responsibility or liability in respect of any such transactions.
20) Refunds
Refunds will only be made where
a) A Member has been unable to download purchased Goods. ISMmagic reserves the right to deliver the product via whatever other method it deems suitable.
b) The description of the purchased Goods is fundamentally incorrect.
c) Refunds of initial subscription fees (if made via a payment processor) will be be made in full if you inform us with 24 hours of upgrading that you do not want to upgrade. You will be required to delete your blogs, events, group bulletins and other entires to the webiste which you were able to post / upload by virtue of your upgraded membership, within a the 24 hour period. Renewal subscriptions will not be refunded.
21) Privacy
Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click here
22) Disclaimers
We make no guarantee of any specific results or earnings from the use of our Services.
a) ISMmagic makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems or that it will be secure and that all information provided will be accurate.
b) No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
c) No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
d) While every reasonable endeavour has been made to ensure that all information provided on this Web Site will be accurate and up to date, ISMmagic makes no warranty or representation that this is the case.
e) ISMmagic makes no representation or warranty that the Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
f) While every effort has been made to ensure that all descriptions of services available from ISMmagic correspond to the actual services available, ISMmagic is not responsible for any variations from these descriptions.
23) Changes to the Service and these Terms and Conditions
ISMmagic reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If ISMmagic is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
24) Availability of the Web Site
a) The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
b) ISMmagic accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
25) Limitation of Liability
a) To the maximum extent permitted by law, ISMmagic accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Members should be aware that they use the Web Site and its Content at their own risk.
b) Nothing in these Terms and Conditions excludes or restricts ISMmagic’s liability for death or personal injury resulting from any negligence or fraud on the part of ISMmagic.
c) While every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
26) No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
27) Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
28) Notices
All notices / communications shall be given to us either by post to our Premises (see address above) or by email using the designated Contact Form on the website. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.