Terms and Conditions
1. Introduction
1.1 These
terms and conditions shall govern your use of our website/mobile app.
1.2 By
using our website/mobile app, you accept these terms and conditions in full;
accordingly, if you disagree with these terms and conditions or any part of
these terms and conditions, you must not use our website/mobile app.
1.3 If
you [register with our website/mobile app, submit any material to our website/mobile
app or use any of our website/mobile app services], we will ask you to
expressly agree to these terms and conditions.
1.4 Our
mobile app uses tokens; by using our mobile app or agreeing to these terms and
conditions, you consent to our use of tokens in accordance with the terms of
our privacy and tokens policy.
2. Credit
2.1 This document is an SEQ Legal document from Website/mobile
app Contracts (http://www.website/mobile app-contracts.co.uk).
3. Copyright notice
3.1 Copyright
(c) 2023EducationMarshalls.com.
3.2 Subject
to the express provisions of these terms and conditions:
(a) we,
together with our licensors, own and control all the copyright and other
intellectual property rights in our website/mobile app and
(b) all
the copyright and other intellectual property rights in our website/mobile app
are reserved.
4. Licence to use website/mobile
app
4.1 You
may:
(a) view
pages from our website/mobile app in a web browser or mobile device;
(b) download
pages from our website for caching in a web browser;
(c) print
pages from our website;
(d) stream
audio and video files from our website/mobile app; and
(e) use
our website/mobile app services by means of a web browser,
subject
to the other provisions of these terms and conditions.
4.2 Except
as expressly permitted by Section 4.1 or the other provisions of these terms
and conditions, you must not download any material from our website/mobile app
or save any such material to your computer.
4.3 You
may only use our website/mobile app for your own personal and business purposes,
and you must not use our website/mobile app for any other purposes.
4.4 Except
as expressly permitted by these terms and conditions, you must not edit or
otherwise modify any material on our website/mobile app.
4.5 Unless
you own or control the relevant rights in the material, you must not:
(a) republish
material from our website/mobile app (including republication on another website/mobile
app);
(b) sell,
rent or sub-license material from our website/mobile app;
(c) show
any material from our website/mobile app in public;
(d) exploit
material from our website/mobile app for a commercial purpose; or
(e) redistribute
material from our website/mobile app.
4.6 Notwithstanding
Section 4.5, you may redistribute our newsletter in print and electronic form
to any person.
4.7 We
reserve the right to restrict access to areas of our website/mobile app, or
indeed our whole website/mobile app, at our discretion; you must not circumvent
or bypass, or attempt to circumvent or bypass, any access restriction measures
on our website/mobile app.
5. Acceptable use
5.1 You
must not:
(a) use
our website/mobile app in any way or take any action that causes, or may cause,
damage to the website/mobile app or impairment of the performance, availability
or accessibility of the website/mobile app;
(b) use
our website/mobile app in any way that is unlawful, illegal, fraudulent or
harmful, or in connection with any unlawful, illegal, fraudulent or harmful
purpose or activity;
(c) use
our website/mobile app to copy, store, host, transmit, send, use, publish or
distribute any material which consists of (or is linked to) any spyware,
computer virus, Trojan horse, worm, keystroke logger, rootkit or other
malicious computer software;
(d) conduct
any systematic or automated data collection activities (including without
limitation scraping, data mining, data extraction and data harvesting) on or in
relation to our website/mobile app without our express written consent;
(e) access
or otherwise interact with our website/mobile app using any robot, spider or
other automated means[, except for the purpose of search engine indexing;
(f) violate
the directives set out in the robots.txt file for our website/mobile app; or
(g) use
data collected from our website/mobile app for any direct marketing activity
(including without limitation email marketing, SMS marketing, telemarketing and
direct mailing).
5.2 You
must not use data collected from our website/mobile app to contact individuals,
companies or other persons or entities.
5.3 You
must ensure that all the information you supply to us through our website/mobile
app, or in relation to our website/mobile app, is true, accurate, current,
complete and non-misleading.
6. Registration and
accounts
6.1 You
may register for an account with our website/mobile app by completing and
submitting the account registration form on our website/mobile app, and
clicking on the verification link in the email that the website/mobile app will
send to you.
6.2 You
must not allow any other person to use your account to access the website/mobile
app.
6.3 You
must notify us in writing immediately if you become aware of any unauthorised
use of your account.
6.4 You
must not use any other person's account to access the website/mobile app,
unless you have that person's express permission to do so.
7. User login details
7.1 If
you register for an account with our website/mobile app, you will be asked to
choose[a user ID and password.
7.2 Your
user ID must not be liable to mislead and must comply with the content rules
set out in Section 10; you must not use your account or user ID for or in
connection with the impersonation of any person.
7.3 You
must keep your password confidential.
7.4 You
must notify us in writing immediately if you become aware of any disclosure of
your password.
7.5 You
are responsible for any activity on our website/mobile app arising out of any
failure to keep your password confidential, and may be held liable for any
losses arising out of such a failure.
8. Cancellation and
suspension of account
8.1 We
may:
(a) suspend
your account;
(b) cancel
your account; and/or
(c) edit
your account details,
at
any time in our sole discretion without notice or explanation.
8.2 You
may cancel your account on our website/mobile app using your account control
panel on the website/mobile app.
9. Your content:
licence
9.1 In
these terms and conditions, "your content" means all works and
materials (including without limitation text, graphics, images, audio material,
video material, audio-visual material, scripts, software and files) that you
submit to us or our website/mobile app for storage or publication on,
processing by, or transmission via, our website/mobile app.
9.2 You
grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce,
store and, with your specific consent, publish your content on and in relation
to this website/mobile app.
9.3 You
grant to us the right to sub-license the rights licensed under Section 9.2.
9.4 You
grant to us the right to bring an action for infringement of the rights
licensed under Section 9.2.
9.5 You
hereby waive all your moral rights in your content to the maximum extent
permitted by applicable law; and you warrant and represent that all other moral
rights in your content have been waived to the maximum extent permitted by
applicable law.
9.6 You
may edit your content to the extent permitted using the editing functionality
made available on our website/mobile app.
9.7 Without
prejudice to our other rights under these terms and conditions, if you breach
any provision of these terms and conditions in any way, or if we reasonably
suspect that you have breached these terms and conditions in any way, we may
delete, unpublish or edit any or all of your content.
10. Your content: rules
10.1 You
warrant and represent that your content will comply with these terms and
conditions.
10.2 Your
content must not be illegal or unlawful, must not infringe any person's legal
rights, and must not be capable of giving rise to legal action against any
person (in each case in any jurisdiction and under any applicable law).
10.3 Your
content, and the use of your content by us in accordance with these terms and
conditions, must not:
(a) be
libellous or maliciously false;
(b) be
obscene or indecent;
(c) infringe
any copyright, moral right, database right, trade mark right, design right,
right in passing off, or other intellectual property right;
(d) infringe
any right of confidence, right of privacy or right under data protection
legislation;
(e) constitute
negligent advice or contain any negligent statement;
(f) constitute
an incitement to commit a crime, instructions for the commission of a crime or
the promotion of criminal activity;
(g) be
in contempt of any court, or in breach of any court order;
(h) be
in breach of racial or religious hatred or discrimination legislation;
(i) be
blasphemous;
(j) be
in breach of official secrets legislation;
(k) be
in breach of any contractual obligation owed to any person;
(l) depict
violence in an explicit, graphic or gratuitous manner;
(m) be
pornographic, lewd, suggestive or sexually explicit;
(n) be
untrue, false, inaccurate or misleading;
(o) consist
of or contain any instructions, advice or other information which may be acted
upon and could, if acted upon, cause illness, injury or death, or any other
loss or damage;
(p) constitute
spam;
(q) be
offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social,
menacing, hateful, discriminatory or inflammatory; or
(r) cause
annoyance, inconvenience or needless anxiety to any person.
11. Limited warranties
11.1 We
do not warrant or represent:
(a) the
completeness or accuracy of the information published on our website/mobile app;
(b) that
the material on the website/mobile app is up to date; or
(c) that
the website/mobile app or any service on the website/mobile app will remain
available.
11.2 We
reserve the right to discontinue or alter any or all of our website/mobile app
services, and to stop publishing our website/mobile app, at any time in our
sole discretion without notice or explanation; and save to the extent expressly
provided otherwise in these terms and conditions, you will not be entitled to
any compensation or other payment upon the discontinuance or alteration of any website/mobile
app services, or if we stop publishing the website/mobile app.
11.3 To
the maximum extent permitted by applicable law and subject to Section 12.1, we
exclude all representations and warranties relating to the subject matter of
these terms and conditions, our website/mobile app and the use of our website/mobile
app.
12. Limitations and
exclusions of liability
12.1 Nothing
in these terms and conditions will:
(a) limit
or exclude any liability for death or personal injury resulting from
negligence;
(b) limit
or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit
any liabilities in any way that is not permitted under applicable law; or
(d) exclude
any liabilities that may not be excluded under applicable law.
12.2 The
limitations and exclusions of liability set out in this Section 12 and
elsewhere in these terms and conditions:
(a) are
subject to Section 12.1; and
(b) govern
all liabilities arising under these terms and conditions or relating to the
subject matter of these terms and conditions, including liabilities arising in
contract, in tort (including negligence) and for breach of statutory duty,
except to the extent expressly provided otherwise in these terms and
conditions.
12.3 To
the extent that our website/mobile app and the information and services on our website/mobile
app are provided free of charge, we will not be liable for any loss or damage
of any nature.
12.4 We
will not be liable to you in respect of any losses arising out of any event or
events beyond our reasonable control.
12.5 We
will not be liable to you in respect of any business losses, including (without
limitation) loss of or damage to profits, income, revenue, use, production,
anticipated savings, business, contracts, commercial opportunities or goodwill.
12.6 We
will not be liable to you in respect of any loss or corruption of any data,
database or software.
12.7 We
will not be liable to you in respect of any special, indirect or consequential
loss or damage.
12.8 You
accept that we have an interest in limiting the personal liability of our
officers and employees and, having regard to that interest, you acknowledge
that we are a limited liability entity; you agree that you will not bring any
claim personally against our officers or employees in respect of any losses you
suffer in connection with the website/mobile app or these terms and conditions
(this will not, of course, limit or exclude the liability of the limited
liability entity itself for the acts and omissions of our officers and
employees).
13. Breaches of these
terms and conditions
13.1 Without
prejudice to our other rights under these terms and conditions, if you breach
these terms and conditions in any way, or if we reasonably suspect that you
have breached these terms and conditions in any way, we may:
(a) send
you one or more formal warnings;
(b) temporarily
suspend your access to our website/mobile app;
(c) permanently
prohibit you from accessing our website/mobile app;
(d) [block
computers using your IP address from accessing our website/mobile app];
(e) [contact
any or all of your internet service providers and request that they block your
access to our website/mobile app];
(f) commence
legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend
or delete your account on our website/mobile app.
13.2 Where
we suspend or prohibit or block your access to our website/mobile app or a part
of our website/mobile app, you must not take any action to circumvent such
suspension or prohibition or blocking (including without limitation creating
and/or using a different account.
14. Variation
14.1 We
may revise these terms and conditions from time to time.
14.2 The
revised terms and conditions shall apply to the use of our website/mobile app
from the date of publication of the revised terms and conditions on the website/mobile
app, and you hereby waive any right you may otherwise have to be notified of,
or to consent to, revisions of these terms and conditions.
14.3 If
you have given your express agreement to these terms and conditions, we will
ask for your express agreement to any revision of these terms and conditions;
and if you do not give your express agreement to the revised terms and
conditions within such period as we may specify, we will disable or delete your
account on the website/mobile app, and you must stop using the website/mobile
app.
15. Assignment
15.1 You
hereby agree that we may assign, transfer, sub-contract or otherwise deal with
our rights and/or obligations under these terms and conditions.
15.2 You
may not without our prior written consent assign, transfer, sub-contract or
otherwise deal with any of your rights and/or obligations under these terms and
conditions.
16. Severability
16.1 If
a provision of these terms and conditions is determined by any court or other
competent authority to be unlawful and/or unenforceable, the other provisions
will continue in effect.
16.2 If
any unlawful and/or unenforceable provision of these terms and conditions would
be lawful or enforceable if part of it were deleted, that part will be deemed
to be deleted, and the rest of the provision will continue in effect.
17. Third party rights
17.1 A
contract under these terms and conditions is for our benefit and your benefit,
and is not intended to benefit or be enforceable by any third party.
17.2 The
exercise of the parties' rights under a contract under these terms and
conditions is not subject to the consent of any third party.
18. Entire agreement
18.1 Subject
to Section 12.1, these terms and conditions, together with our privacy and tokens
policy, shall constitute the entire agreement between you and us in relation to
your use of our website/mobile app and shall supersede all previous agreements
between you and us in relation to your use of our website/mobile app.