Terms of Use
TERMS AND CONDITIONS
BACKGROUND:
These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, https://edexec.co.uk (“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.
1. Definitions and Interpretation
- In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
| “Content” | means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; |
| “System” | means any online communications infrastructure that We make available through Our Site either now or in the future. This may include, but is not limited to, contact forms, email, live chat and forums; and |
| “We/Us/Our” | means Intelligent Media Solutions Ltd, a company registered in England under 04903836, whose main trading address is 115 Mare Street, London, E8 4RU. |
2. Information About Us
- Education Executive and https://edexec.co.uk are owned and operated by Intelligent Media Solutions Ltd, a company registered in England under 04903836, whose main trading address is 115 Mare Street, London, E8 4RU.
3. Access to Our Site & Products
- Access to Our Site is free of charge.
- We offer subscription based services, containing content available to subscribers and unsubscribed visitors.
- It is your responsibility to make any and all arrangements necessary in order to access Our Site.
- Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Intellectual Property Rights
- All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
- For business use (including research and private study), you may:
- Access, view and use Our Site in a web browser (including any we browsing capability built into other types of software or app);
- Download Our Site (or any part of it) for caching;
- Print pages of any given page from Our Site;
- Download, copy, clip, print, or otherwise save extracts from pages o Our Site; and
- Save pages from Our Site for later and/or offline viewing.
- You may not use any Content downloaded, copied, clipped, printed o otherwise saved from Our Site for commercial purposes without first obtainin a licence from Us (or our licensors, as appropriate) to do so. For furthe information, please contact Us at [email protected] This does not prohibit the normal access, viewing and use of Our Site fo general information purposes whether by business users or consumers.
- You may not systematically copy Content from Our Site with a view to creatin or compiling any form of comprehensive collection, compilation, directory or database unless given Our express permission to do so.
- Subject to sub-Clauses 4.2 and 4.8 you may not otherwise reproduce, copy distribute, sell, rent, sub-licence, store, or in any other manner re-us Content or any other material from Our Site unless given express writte permission to do so by Us. For further information, please contact Us at [email protected].
- If you wish to use any Content from Our Site in any way that is not permitte under these Terms and Conditions, please contact Us at [email protected].
- Our status as the owner and author of the Content on Our Site (or that o identified licensors, as appropriate) must always be acknowledged.
- Nothing in these Terms and Conditions limits or excludes the provisions o Chapter III of the Copyrights, Designs and Patents Act 1988 “Acts Permitte in Relation to Copyright Works”, covering in particular the making of temporar copies; research and private study; the making of copies for text and dat analysis for non-commercial research; criticism, review, quotation and new reporting; caricature, parody or pastiche; and the incidental inclusion o copyright material.
5. Links to Our Site
- Framing or embedding of Our Site on other websites is not permitted withou Our express written permission.
- You may not link to Our Site from any other site the content of which contain material that:
- is sexually explicit;
- is obscene, deliberately offensive, hateful or otherwise inflammatory;
- promotes violence;
- promotes or assists in any form of unlawful activity;
- discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
- is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
- is calculated or is otherwise likely to deceive another person;
- is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
- misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.4);
- implies any form of affiliation with Us where none exists;
- infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
- is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
- The content restrictions in sub-Clause 5.4 do not apply to content submitte to sites by other users provided that the primary purpose of the site accord with the provisions of sub-Clause 5.4. You are not, for example, prohibite from posting links on general-purpose social networking sites merely becaus another user may post such content. You are, however, prohibited from postin links on websites which focus on or encourage the submission of such conten from users.
6. Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated these sites are not under Our control. We neither assume nor accep responsibility or liability for the content of third party sites. The inclusio of a link to another site on Our Site is for information only and does no imply any endorsement of the sites themselves or of those in control of them.
7. Advertising
We may feature advertising on Our Site. We are not responsible for the conten of any advertising on Our Site. Each advertiser is responsible for the conten of their own advertising material. We will not be responsible for an advertising on Our Site including, but not limited to, any errors inaccuracies, or omissions.
8. Use of Our System
- You may use Our System at any time to contact Us, provided you abide by th following rules. You must not communicate in a way, submit information, o otherwise do anything that:
- is sexually explicit;
- is obscene, deliberately offensive, hateful or otherwise inflammatory;
- promotes violence;
- promotes or assists in any form of unlawful activity;
- discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
- is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
- is calculated or is otherwise likely to deceive;
- is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
- misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
- implies any form of affiliation with Us where none exists;
- infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
- is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
- We may monitor any and all communications made using Our System.
- Any information that you send to Us through Our System may be modified by U and, by sending us such information, you waive your moral right to b identified as the author of that information.
- Any personal information sent to Us, whether through Our System or otherwise will be collected, used and held in accordance with your rights and Ou obligations under the Data Protection Act 1998, as set out in Clause 14.
9. Disclaimers and Legal Rights
- Nothing on Our Site constitutes advice on which you should rely. It i provided for general information purposes only.
- Insofar as is permitted by law, We make no representation, warranty, o guarantee that Our Site will meet your requirements, that it will no infringe the rights of third parties, that it will be compatible with al software and hardware, or that it will be secure.
- If, as a result of Our failure to exercise reasonable care and skill, an digital content from Our Site damages your device or other digital conten belonging to you, as a consumer you may be entitled to certain lega remedies. For more details concerning your rights and remedies as consumer, please contact your local Citizens Advice Bureau or Tradin Standards Office.
- We make reasonable efforts to ensure that the Content on Our Site i complete, accurate, and up-to-date. We do not, however, make an representations, warranties or guarantees (whether express or implied) tha the Content is complete, accurate, or up-to-date.
- The opinions, views, and values expressed in Content on Our Site are thos of the authors of that Content and do not necessarily represent Ou opinions, views, or values.
10. Our Liability
- To the fullest extent permissible by law, We accept no liability to any use for any loss or damage, whether foreseeable or otherwise, in contract, tor (including negligence), for breach of statutory duty, or otherwise, arisin out of or in connection with the use of (or inability to use) Our Site o the use of or reliance upon any Content included on Our Site.
- To the fullest extent permissible by law, We exclude all representations warranties, and guarantees (whether express or implied) that may apply t Our Site or any Content included on Our Site.
- As a business user, We accept no liability for loss of profits, sales business or revenue; loss of business opportunity, goodwill or reputation loss of anticipated savings; business interruption; or for any indirect o consequential loss or damage.
- We exercise all reasonable skill and care to ensure that Our Site is fre from viruses and other malware, however, subject to sub-Clause 9.3, W accept no liability for any loss or damage resulting from a virus or othe malware, a distributed denial of service attack, or other harmful materia or event that may adversely affect your hardware, software, data or othe material that occurs as a result of your use of Our Site (including th downloading of any Content from it) or any other site referred to on Ou Site.
- We neither assume nor accept responsibility or liability arising out of an disruption or non-availability of Our Site resulting from external cause including, but not limited to, ISP equipment failure, host equipmen failure, communications network failure, natural events, acts of war, o legal restrictions and censorship.
- Nothing in these Terms and Conditions excludes or restricts Our liabilit for fraud or fraudulent misrepresentation, for death or personal injur resulting from negligence, or for any other forms of liability which canno be excluded or restricted by law. For full details of consumers’ lega rights, including those relating to digital content, please contact you local Citizens’ Advice Bureau or Trading Standards Office.
11. Viruses, Malware and Security
- We exercise all reasonable skill and care to ensure that Our Site is secur and free from viruses and other malware.
- You are responsible for protecting your hardware, software, data, and othe material from viruses, malware, and other internet security risks.
- You must not deliberately introduce viruses or other malware, or any othe material which is malicious or technologically harmful either to or via Ou Site.
- You must not attempt to gain unauthorised access to any part of Our Site the server on which Our Site is stored, or any other server, computer, o database connected to Our Site.
- You must not attack Our Site by means of a denial of service attack, distributed denial of service attack, or by any other means.
- By breaching the provisions of sub-Clauses 11.3 to 11.5 you may b committing a criminal offence under the Computer Misuse Act 1990. Any an all such breaches will be reported to the relevant law enforcemen authorities and We will cooperate fully with those authorities by disclosin your identity to them. Your right to use Our Site will cease immediately i the event of such a breach.
12. Acceptable Usage Policy
- You may only use Our Site in a manner that is lawful. Specifically:
- you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
- you must not use Our Site in any way, or for any purpose, that i unlawful or fraudulent;
- you must not use Our Site to knowingly send, upload, or in any other wa transmit data that contains any form of virus or other malware, or an other code designed to adversely affect computer hardware, software, o data of any kind; and
- you must not use Our Site in any way, or for any purpose, that i intended to harm any person or persons in any way.
- We reserve the right to suspend or terminate your access to Our Site if yo materially breach the provisions of this Clause 12 or any of the othe provisions of these Terms and Conditions. Specifically, We may take one o more of the following actions:
- suspend, whether temporarily or permanently, your right to access Ou Site;
- issue you with a written warning;
- take legal proceedings against you for reimbursement of any and al relevant costs on an indemnity basis resulting from your breach;
- take further legal action against you as appropriate;
- disclose such information to law enforcement authorities as required o as We deem reasonably necessary; and/or
- any other actions which We deem reasonably appropriate (and lawful).
- We hereby exclude any and all liability arising out of any action (including, but not limited to those set out above) that We may take i response to breaches of these Terms and Conditions.
13. Privacy and Cookies
Use of Our Site is also governed by Our Cookie and Privacy Policies.
14. Data Protection
- All personal information that We may collect (including, but not limited to your name and contact details) will be collected, used and held i accordance with the provisions of the General Data Protection Regulation an your rights under that Regulation.
- We may use your personal information to:
- Send you information, insights, advice as per your subscription;
- Reply to any communications you send to Us;
- Send you important notices, as detailed in Clause 15;
- We will not pass on your personal information to any third parties withou first obtaining your express permission to do so.
15. Communications from Us
- If We have your contact details, We may from time to time send you importan notices by email. Such notices may relate to matters including, but no limited to, service changes and changes to these Terms and Conditions.
- We may from time to time send send you marketing emails containin information that we believe will be relevant and of interest to you You ma opt out at any time. Any and all marketing emails sent by Us include a unsubscribe link. If you opt out of receiving emails from Us at any time, i may take up to 14 business days for your new preferences to take effect.
- For questions or complaints about communications from Us (including, but no limited to marketing emails), please contact Us at [email protected]or via the contact us link on our website.
16. Changes to these Terms and Conditions
- We may alter these Terms and Conditions at any time. If We do so, details o the changes will be highlighted at the top of this page. Any such change will become binding on you upon your first use of Our Site after the change have been implemented. You are therefore advised to check this page fro time to time.
- In the event of any conflict between the current version of these Terms an Conditions and any previous version(s), the provisions current and in effec shall prevail unless it is expressly stated otherwise.
17. Contacting Us
To contact Us, please email Us at [email protected]or using any of the methods provided on Our contact page.
18. Law and Jurisdiction
- These Terms and Conditions, and the relationship between you and Us (whethe contractual or otherwise) shall be governed by and construed in accordanc with the law of England & Wales.
- As a business, any disputes concerning these Terms and Conditions, th relationship between you and Us, or any matters arising therefrom o associated therewith (whether contractual or otherwise) shall be subject t the exclusive jurisdiction of the courts of England & Wales.
© Intelligent Media Solutions Ltd Terms and Conditions
