PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
1 ACCEPTANCE OF TERMS
1.1 These terms and conditions shall apply to any user accessing the website at www.eacme.co.uk (the “Site”) and/or by subscribing to subscription access (whether online or offline application), and each time you access and/or use the Site, you agree to be bound by these terms and conditions. These terms and conditions are deemed to include all disclaimers and other terms and notices appearing on specific content on the Site from time to time.
1.2 In these terms and conditions, we have used “we” or “us” for www.eacme.co.uk and “you” for the user of or subscriber to the Site.
2 Site information
2.1 We provide subscribers access on the Site to information and resources including online tutorials and private study modules, (together the “Content”). We reserve the right at any time to add to, change or delete from the Content available on the Site.
2.2 While we will try to ensure that the Content on the Site is free from error, we do not warrant the accuracy, adequacy or completeness of the Site or the Content or their suitability for your intended use. The Content is provided for educational and informational purposes only. You are solely responsible for your use of the Site and any reliance placed upon the Content.
2.3 The Site may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure or alteration of communications. We are not responsible for any technical malfunctions or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at the Site or combination thereof, including injury or damage to your or any other person’s computer or other hardware or software, related to or resulting from using the Site.
2.4 The Site provides links to external websites and resources including those of our partner networks, advertisers and affiliates. We have no control over such websites and resources. You agree that we are not responsible for the availability of such external websites or resources, and we do not endorse and are not responsible for any content or other materials available from such websites or resources and will not be liable to you in any way in relation to your access or use of such websites or resources.
2.5 To the fullest extent permissible by law:
2.5.1 We disclaim all representations or warranties of any kind, express or implied, regarding the Content, and/or the Site including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of the site and/or the service and/or any platform applications; and
2.5.2 We exclude all liability or responsibility to anyone for any losses, expenses, costs or damages arising from claims made, whether in contract, delict, tort (including negligence) or otherwise, arising in any way from the use or inability to use the Site and/or Content, including in relation to any action or failure to act in reliance on the Content and/or the Site.
3. Your Responsibilities
3.1 Unless paid in advance by a third party you agree to pay any and all charges in respect of your subscription to and use of the Site. We may change the Site charges from time to time. All charges shall be paid by you before you will be entitled to access parts of the Site or certain Content which is subject to charges.
3.2 You warrant that you have all necessary legal capacity and authority to subscribe to and use the Site. You warrant that any information you provide to us or that you submit to the Site will be true, accurate, current, complete, will not be offensive, will not defame any person and will not infringe the intellectual property rights of any person. You agree to maintain and promptly update the information so as to meet the above warranty on an ongoing basis. If at any time we have reasonable grounds to suspect that any information provided by you does not meet the warranty contained in this clause, we may suspend or cancel your subscription by terminating your access to the Site immediately upon notice. We may remove any information you submit to the Site which we consider to be illegal, offensive or otherwise unsuitable. You shall be solely liable for and shall indemnify us in respect of any liability arising out of the information you submit to the Site.
3.3 You will use your email to create your log-in ID and a password upon subscribing to the Site. You are responsible for maintaining the confidentiality of your log-in and password, and are fully responsible for all activities that occur under your log-in or password. You agree to notify us promptly as soon as you become aware or suspect any unauthorised use of your log-in or password or any other breach of security.
3.4 You agree to comply with these terms and conditions and you acknowledge that we have the right to disable your log-in and password and to terminate your subscription at any time if in our opinion you have failed to comply with the provisions of these terms and conditions.
3.5 You will comply with all applicable laws, regulations and conventions, including those related to privacy, personal data, international communications or the export of data.
3.6 You will indemnify us against any and all losses, damages, liabilities, costs and expenses arising in connection with your breach of any of these terms and conditions or arising as a result of a third party accessing or using the Site or any Content by means of your password or log-in ID.
4. Linking to the Site
4.1 You may link to our Site home page (www.eacme.co.uk) provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However you must not establish a link which in any way suggests an association, approval or endorsement on our part.
4.2 You must not establish a link from any website that is not owned by you.
4.3 None of the pages on the Site should be framed on any other site, nor may you create a link to any part of the Site other than the home page.
5. Intellectual property
5.1 We are the owners or licensee of all the intellectual property rights on the pages of the Site and the Content. The Content is protected by copyright laws and treaties around the world and all such rights are reserved.
5.2 You may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference and you may draw the attention of others within your organisation to material posted on our Site.
5.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
5.4 Our status (and that of any identified contributors) as the authors of Content on our Site must always be acknowledged.
5.5 You must not use any part of the Content on our Site for commercial purposes without obtaining our prior written consent.
5.7 The websites we link to from the Site are likely to have their own policies on use of their intellectual property. We do not accept any responsibility or liability for these policies but recommend that you check these policies before you make any use of such intellectual property.
6. Data protection and privacy
6.1 We may collect and store:
6.1.1 Subscription details (i.e. the details you provide to us when you subscribe to and/or access the Site as amended by you from time to time); and
6.1.2 Information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
6.2 We may also obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service.
6.4 To avoid duplication, and to ensure that information we hold is completely up-to-date, all subscription details are stored on our central database. Any information referred to this paragraph 6 will be stored securely and will not be disclosed to any third parties without your approval. You agree however, that we may publish (in any form whatsoever) aggregated data relating to subscribers to the Site (including information regarding their use of the Site) provided that such information is published in a manner that does not enable any Subscriber to be identified.
6.5 We use information held about you in the following ways:
6.5.1 To ensure that content from our site is presented in the most effective manner for you and for your computer;
6.5.2 To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
6.5.3 To carry out our obligations arising from any contracts entered into between you and us;
6.5.4 To allow you to participate in interactive features of our service, when you choose to do so; and
6.5.5 To notify you about changes to our service.
6.6 If you have any query about the use of any information held about you please contact us at firstname.lastname@example.org
6.7 Our site contains links to third party websites including those of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
6.9 You may not assign or otherwise transfer your rights or obligations under these terms and conditions to any third party without our prior written consent.
6.10 We may assign or transfer our rights or obligations (or both) under these terms and conditions to any third party.
6.11 Insofar as our liability cannot be excluded and to the extent permissible by law, our maximum liability to you in terms of these terms and conditions shall be the aggregate sums paid by you (or by a third party on your behalf) to us under these terms and conditions.
6.12 All Content is subject to change at any time.
6.13 Each term of these terms and conditions is binding as a separate and independent obligation. If for any reason we, you or any of the people who have provided content to this Site, cannot rely on any term, the other terms remain binding.
6.14 You agree that we may cancel your subscription without prior notice if you breach any of these terms and conditions or breach any law while using the Site.
6.15 The suspension or cancellation of your subscription does not affect any rights or responsibilities which are intended to survive cancellation of your subscription by either party.
6.16 We may change these terms and conditions at any time, without notice either by publishing the change or the amended version on this Site or by sending it to you by email. The change will be effective as from the date of the posting or the email. Site If you are unhappy with a proposed change to the terms and conditions you may cancel your subscription to the Site by giving us two weeks’ written notice.
6.17 Unless we have waived a right under these terms and conditions by giving express written notice to you, any delay or failure to exercise a right under these terms and conditions does not prevent us from exercising any other right on that or any other occasion.
6.18 You agree that these terms and conditions are governed by English law and that the courts of England shall have non-exclusive jurisdiction in respect of them and all disputes arising in relation to the Content, the Subscriber Content or the Site.