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ENGLISHTEACHING.CO.UK LTD
TERMS AND CONDITIONS
1 Our contract
By subscribing to or registering with our Site you enter into a
binding contract with us on the following terms and conditions.
2 Our service
2.1 Our
Site is primarily directed at teachers and educators of English language
and literature at secondary level in England and Wales.
2.2 You
represent to us that all visits to our Site will be made for your own
individual teaching and learning purposes only and not for any
commercial purposes.
3 Our promises
3.1
We will permit you to access, use and interact with our Site
subject to these terms and conditions.
3.2
We will:
3.2.1
exercise reasonable care in compiling our Site;
3.2.2
use reasonable efforts to make our Site available to you at all
times; and
3.2.3
take the steps set out in our Privacy Policy to endeavour to
secure any
information you give us.
4 Exclusions and limitations
4.1
We do not represent or warrant that access to our Site, or any
part of it will be uninterrupted, reliable or fault free.
4.2
We do not represent or warrant to you that our Site or any of its
Content will be accurate, complete or reliable.
4.3
We do not represent or warrant that any services (whether or not
provided by us) will be provided with due care and skill
4.4
To the extent permitted by law, we exclude all liability (whether
arising in contract, tort or otherwise and whether or not due to our
negligence) which we may otherwise have to you as a result of:
4.4.1 any technical, factual, textual or typographical inaccuracies,
errors or omissions on or relating to our Site or any
information on our
Site;
4.4.2
the unavailability of our Site (or any part of it),
4.4.3 any delay in providing, or failure to provide or make available,
our services or any negligent provision of our services;
4.5 Our
maximum liability to you in respect of your use of our Site or any
services we provide or make available to you through or in relation to
our Site will be the amount of any subscription fees paid by or on
behalf of you during the year in which the liability arose. You agree that we shall have no
liability for indirect or consequential losses, loss of data, income or
profits or damages for loss of or damage to property.
4.6 You agree that each of these
limitations is reasonable having regard to the nature of our Site.
4.7 None
of the exclusions or limitations in this clause 4 shall exclude or
restrict our liability for death or personal injury caused by our
negligence.
4.8
None of the above exclusions shall affect any statutory rights
which are not capable of being excluded.
4.9
Each of the above exclusions or limitations shall be construed as a
separate, and severable, provision of these terms and
conditions.
5 Site subscription and charges
5.1
By subscribing to our Site, you agree to pay our fees at the rate
applicable from time to time and stipulated on the site.
5.2 If you fail at any time to pay any subscription charges due in
accordance with these terms and conditions we may, in our
discretion and
without prejudice to our other rights, deny you access to those areas of
our Site which are exclusively available
to subscribers. We need not provide you with
advance notice in such circumstances.
6 Links to other sites
Certain links, including hypertext links, in our Site will take
you outside our Site. Links
are provided for your convenience and inclusion of any link does not
imply endorsement or approval by us of the linked site, its operator or
its content. We are not
responsible for the content or availability of any website outside our
Site.
7
Subscription
7.1 Access
to our Secure Site is only provided to you on condition that you pay the
subscription fee.
7.2
This fee is payable either through our online payment facility or at our
discretion by cheque. You will only be granted access to our Secure Site
when we have received payment.
7.3
Your access to our Secure Site is by user name and password. Your
password is personal to you and must not be disclosed to any third
party. You must take all reasonable precautions to prevent it being used
by anyone else including:
7.3.1 never writing down your password in any way that someone else
could easily
understand or identify;
7.3.2
never telling anyone else your password;
7.3.3 informing us immediately if you know or have reason to believe that
someone else knows your password.
7.4
If you do disclose or share you user name or password with
another person or allow another person to access our Secure Site on
our behalf you agree to indemnify us for any loss or damage incurred by
us as a result of your actions.
7.5 We
may terminate your subscription immediately if you are in material
breach of any of these terms and conditions and in particular upon any
failure by you to pay your subscription fee in accordance with these
terms and conditions.
7.6
You may terminate your subscription at any time on 30 days notice
to us:
7.6.1 but unless we are in breach of our service conditions,
you will not be entitled to any refund of the subscription fee.
7.6.2 but if you have used and interacted with FRETWEB's Secure Site, you will not be entitled to
any refund of the subscription fee.
7.6.2 but if you have erroneously duplicated subscriptions you
will be entitled to a refund on said duplicated subscriptions only.
7.6.3 Any authorised refund amount will be equal to the full
subscription fee minus any administrative processing charges.
7.7 Any rights that have accrued to
either party at the date of termination will
remain enforceable after termination.
8
Material submitted by user
Certain elements of our Site may contain Material submitted by
other users. We do not accept any responsibility for the content or
accuracy of such Material. Where such Material is based on or contains
extracts owned by third parties, we do not make any representation or
warranty that the Material is provided without infringing the rights of
the third party.
9 No commercial use
You agree that you will use our Site only for your own
individual teaching and learning purposes only and that you shall not
exploit our Site or any of its Content for any commercial purpose.
10 General
10.1 Exclusion of third
party rights
The Contracts (Rights of Third Parties) Act 1999 shall not
apply to this agreement and no person other than the parties to this
agreement shall have any rights under it, nor shall it be enforceable
under that Act by any person other than the parties to it.
10.2 Variations
We reserve the right at any time without notice to revise
the Content of our Site (including the services offered by us) and these
terms and conditions. Any
changes to these terms and conditions will be posted on our Site and by
continuing to use our Site following any such change you will signify
that you agree to be bound by the revised terms and conditions of use.
10.3 Card security
Processing of the card transaction will take place off FRETWEB’s site on the secure
servers provided by WorldPay.
The WorldPay
Select payment gateway uses a combination of both established and
innovative techniques to ensure the security and integrity of all
sensitive data, protecting both the retailers and their customers.
All communication between the customer and WorldPay is
encrypted to the maximum strength supported by the customer's browser
using TLS or SSL (security). WorldPay’s public web servers are
certified by Thawte, a public Certificate Authority, ensuring that
customers and retailers alike can have confidence that nobody can
impersonate WorldPay to obtain confidential information.
All
communication between the retailer and WorldPay, including the details
of the purchase, are encapsulated using WorldPay’s own encrypted and
digitally-signed protocol; this uses a combination of standard methods
such as PGP, RSA and MD5 to ensure that the information passed is secure
and tamper-proof.
Data storage on WorldPay systems, and the
communication between WorldPay and the worldwide banking networks, is
regularly audited by the banks themselves. WorldPay ensure that they
stay up-to-date with the latest versions of any third-party code they
use, and continually review their own proprietary code, using current
best practice at all times.
10.4 The use of your
information
You agree that we may collect, store, and use information
about you in accordance with our Privacy Policy. You acknowledge and agree to be
bound by the terms of our Privacy Policy.
10.5 Copyright
All rights in the Content, design, text, graphics and other
Material on our Site and the selection or arrangement thereof are the
Copyright © FRETWEB
www.englishteaching.co.uk and
www.english-teaching.co.uk
Reproduction of part or all of the Content of the FRETWEB website in any form is
prohibited unless in accordance with the following permissions.
10.5.1
As a registered user of FRETWEB, permission is granted to download
and print in hard copy any of the Material from our Site solely in accordance with our
terms and conditions. All copies of such materials must bear an
acknowledgement of the copyright of the owner of the material.
10.5.2 As
a registered user of FRETWEB, permission is granted to re-copy,
duplicate, reproduce and distribute Material to third parties, only
where third parties are students and pupils under your explicit
tutorage, as part of any formal educational process. Copyright,
trademark and other proprietory notices MUST NOT be removed.
10.5.3 Any other use of Material on our Site (including reproduction for
purposes other than those noted above and alteration, modification,
distribution, or republication) without our prior written permission is
strictly prohibited. These permissions do not permit you to:
(i)
incorporate any Material, or any part of the Material, in any
other work, publication, website, intranet or any other form or media;
(ii)
re-copy, duplicate, reproduce and distribute any Material, or any
part of the material, contained on our Site to any third party unless
in accordance with 10.5.2.
10.6
Submitted Materials
You hereby grant to us a perpetual irrevocable licence to
publish, copy, re-copy, issue copies, duplicate, reproduce, distribute,
communicate to the public, make publicly available, republish and
include in any other form or media (either in whole or in part or in an
amended, edited or modified form) any Material you submit to our Site.
10.7
Access
We reserve the right in our sole discretion to deny users
access to our Site or any part of our Site without notice and to decline
to provide the service to any user that is in breach of these terms and
conditions of use. We further reserve the right in our sole
discretion to reject and refund subscriptions and to deny users access
to our Site or any part of our Site without notice and to decline to
provide the service if our payment processor (WorldPay) has returned a
'Caution' or 'Warning' notice on a payment transaction or if we, through
our own checks, have been unable to validate a payment transaction.
10.8 Events beyond our
control
We shall not be liable to you for any breach of these terms and
conditions of use or any failure to provide or delay in providing our
services through our Site resulting from any event or circumstance
beyond our reasonable control including, without limitation, strikes,
lock-outs and other industrial disputes, breakdown of systems or network
access (including failure of our hosting provider) fire, explosion or
accident.
10.9 Applicable law and
jurisdiction
These terms and conditions (and any dispute, controversy,
proceedings or claim of whatever nature arising out of or in any way
relating to them or their formation) shall be governed by and
interpreted in accordance with English law and, for these purposes, the
parties irrevocably submit to the exclusive jurisdiction of English
courts.
10.10 Unenforceability
The enforceability or otherwise of any provisions of these
terms and conditions shall not affect the enforceability of the rest of
these terms and conditions.
11 Definitions
In these terms and conditions:
11.1
‘Our Site' means our presence on the
Internet;
11.2 ‘Our’, ‘We’
and ‘Us’ means ENGLISHTEACHING.CO.UK LTD (aka FRET or FRETWEB) and, where applicable, its officers,
employees and authorised agents;
11.3
'You’ and ‘Your’ includes any
person or business with which you are associated and on behalf of which
you use our Site
11.4 'Our Secure Site'
means the password-protected area of our Site.
11.5 'the Content'
means all text, graphics, logos, photographs, images, moving images,
sound, illustrations and other material and related documentation
featured, displayed or used in or in relation to our Site; and
11.6 'Material(s)' means
work, data, resources, lesson plans, schemes of work, worksheets,
information, ideas and any other
element contained on our Site.
12
Disclaimer
12.1
Our Site is primarily directed at teachers and educators of
English language and literature at secondary level in England and Wales
and no responsibility is accepted if used in jurisdictions other than
England and Wales.
12.2 ENGLISHTEACHING.CO.UK
LTD is
providing this site on an ‘as is’ basis and makes no representations
or warranties of any kind with respect to this site or its Content and
disclaims all such representations and warranties. In addition,
ENGLISHTEACHING.CO.UK LTD makes
no representations or warranties about the accuracy, completeness, or
suitability for any purpose of the information and related graphics
published in this site. The
information contained in this site may contain technical inaccuracies or
typographical errors. All
liability of ENGLISHTEACHING.CO.UK LTD howsoever arising for any such inaccuracies or
errors is expressly excluded to the fullest extent permitted by law.
12.2.1 Neither ENGLISHTEACHING.CO.UK LTD nor any of its
directors, employees or other representatives will be liable for loss or
damage arising out of or in connection with the use of this site. This is a comprehensive
limitation of liability that applies to all damages of any kind,
including (without limitation) compensatory, direct, indirect or
consequential damages, loss of data, income or profit, loss of or damage
to property and claims of third parties.
12.2.2
Notwithstanding the foregoing, none of the exclusions and
limitations in the clause are intended to limit any rights you may have
as a consumer under English law or other statutory rights which may not
be excluded nor in any way to exclude or limit ENGLISHTEACHING.CO.UK LTD liability to
you for death or personal injury resulting from our negligence or that
of our employees or agents.
13
General intellectual property disclaimer
We are the proprietor of ENGLISHTEACHING.CO.UK
LTD. All other
trademarks, brand names, product names, titles and copyrights used in
this Site are trademarks, brand names, product names, titles or
copyrights of their respective holders.
No permission is given by ENGLISHTEACHING.CO.UK
LTD in respect of the use of
any of them and such use may constitute an infringement of the holder’s
rights. |