TERMS AND CONDITIONS
1. INTERPRETATION
In this Contract unless the context otherwise requires:
1.1 “EW” means Maggie Humphreys and Les Snowdon trading in partnership
as Ed on
the Web
1.2 “ The Service” means The Service provided by EW whereby the
Customer can gain
access to EW’s on-line education service network via a telecommunications
network
including all software documentation and learning materials
1.3 “Customer” means a person with whom EW makes this Contract
2. PROVISION OF SERVICE
2. 1. It is technically impracticable to provide The Service free of faults
and EW does not
undertake to do so. In the event of a fault in The Service to connect to the
domain
name “edontheweb.com” the Customer must report it by electronic
mail to the
appropriate email contact provided on the website or such other contact as
EW may from time to time provide to the Customer. Upon receipt of a fault report,
EW
will take all proper steps without undue delay to correct the fault
2.2. The service is connected via a telecommunications service such as an internet
service
provider. The Customer is responsible for making a separate application for
the
appropriate service and for complying with the conditions applicable to that
service.
This Contract does not include the provision of telecommunication services necessary
for connection to the service. The Customer is also responsible for providing
a
suitable pc, modem and/or other items of hardware or communications equipment
necessary to access the service. We shall not be liable for any telephone or
other
costs that you may incur.
3. MAXIMUM PERIOD OF SERVICE
The service shall be provided for a maximum period of twelve months beginning
on the day when the service is first made available.
4. EW’S GENERAL POWERS
4.1 EW may:-
4.2 temporarily suspend the service for the purpose of repair, maintenance or
improvement or upgrading the service
4.3 vary the technical specification of the service for operational reasons
in particular EW
may specify the version(s)of EW supplied software which may be used with the
service;
4.4 give instructions about the use of the service which EW thinks reasonably
to be
necessary in the interests of safety or of the quality of the service and any
such
instructions shall whilst they are in force be deemed to form part of this Contract
and
must be observed
5. SECURITY
5.1 In order to access The Service the Customer will be issued with a unique
password(s). The Customer is responsible for the security and proper use of
all
passwords relating to the service and must take all necessary steps to ensure
that
all passwords are kept confidential, secure, used properly and not disclosed
to
unauthorised people
5.2 The Customer must immediately give EW notice if there is any reason to believe
that
a password has become known to someone not authorised to use it or if any
password is being or is likely to be used in an unauthorised way
5.3 If paragraph 5.2. applies or if the Customer forgets a password by contacting
the
customer service centre and satisfying such security checks as EW may operate
the
Customer will be given a new password(s) to enable use of the service
6. MIS-USE
6.1 The Customer must not, nor must any other person use the service:-To send
or
receive any material which is offensive abusive indecent obscene or menacing
fraudulent or in breach of confidence copyright privacy or any other rights
or in
connection with a criminal offence;
6.2 to cause annoyance inconvenience or needless anxiety;
6.3 If anyone other than the Customer uses the service with or without the Customer’s
knowledge or approval in contravention of sub-paragraphs 6.1. or 6.2. EW can
treat the contravention as a fundamental breach by the Customer of this Contract
so that EW can terminate this Contract forthwith
7. LIMITATION ON USE
7.1 The Customer is allowed to use the service only for the purposes of education.
7.2 Using the service in any way for commercial gain (by which the Customer
or
anybody else receives or becomes entitled to a financial benefit or any benefit
in kind
or to give or withhold business) is strictly forbidden
7.3 The Service is for the sole use of the Customer and the Customer is not
authorised
to transmit the service over the Internet or by any other form of transmission
or
communication. Your child may download and display materials on a computer
screen, print individual pages on paper (but not photocopy them) and store pages
on
disk (but not on any server or other storage device connected to a network)
for
personal, non-commercial use. Other than this, the materials may not be reproduced,
modified or used for commercial purposes
7.4 Title Ownership and intellectual property rights in the service shall remain
the sole
property of EW
8. EW’S LIABILITY
8.1. In performing any obligation under this Contract, EW’s duty is only
to exercise the
reasonable care and skill of a competent provider of the service and the Customer
acknowledges that the service will simply assist a child’s learning and
complement
standard school work and EW accepts no liability or responsibility in respect
thereof
8.2. The Customer acknowledges that EW has no control over and EW does not examine
the use to which customers put the service or the nature of the information
they are
sending or receiving and thus EW hereby excludes all liability of any kind for
the
transmission or reception of information of whatever nature
8.3 EW undertakes no liability whatever whether in contract, tort (including
liability for
negligence) or otherwise for the acts or omissions of other information providers
or
other providers of telecommunication services or for faults in or failures of
their
apparatus
8.4 EW is not liable in contract tort or otherwise (including liability for
negligence) for loss
whether direct or indirect of business revenue or profits anticipated savings
or wasted
expenditure corruption or destruction of data or for any indirect or consequential
loss
whatever
8.5 Each provision of paragraph 8 operates separately in itself and survives
independently of the others
9. INDEMNITY
The Customer shall indemnify EW against any claims or legal proceedings arising
from the Customer’s use of the service which are brought or threatened
against EW by another person
10. ASSIGNMENT
The Customer may not assign this Contract or any part of it to anyone else.
EW reserves the right to assign all or part of this Contract at any time to
any person or Company
11. MATTERS BEYOND EW’S REASONABLE CONTROL
EW is not liable for any breach of this Contract which is caused by a matter
beyond its reasonable control including Acts of God fire lightning explosion
war disorder flood industrial disputes (whether or not involving its employees)
extremely severe weather or acts of local or central Government or other competent
authorities
12. SOFTWARE
12.1 Intellectual property rights in the service and all software supplied to
the Customer
remain the property of EW or its licensor. The Customer agrees to comply with
the
terms of any agreement reasonably required by the owner of intellectual property
rights in all software supplied to the Customer for the protection of that software.
Subject to the terms of this Contract, EW grants the Customer the right to use
such
software in connection with the service and no right or licence is granted for
any
third party for use of the service
12.2 Without affecting any applicable statutory rights under the Copyright (Computer
Program) Regulation 1992 the Customer must not permit any other person to:
a. dissassemble decompile or in any other way interfere with such software:
b. copy or modify such software; or
c. create any new software partly or wholly based on such software
12.3 The customer must not transfer assign or sub-licence the the right to use
the
software or attempt to do so
13.GENERAL
13.1 EW reserves the right to change the within written Terms and Conditions
without
notice
13.2 English Law will apply to the Agreement
HYPERLINK DISCLAIMER
Our site contains links to other sites which we believe may be useful and interesting. Such links, however, are not endorsements by us of any products or services supplied via or referred to in such sites and no information in such sites has been expressly or impliedly endorsed or approved by us. By using a link on our site you indicate your agreement that we shall be under no liability arising out of your use of such link.
PRIVACY POLICY AND DATA CONSENT
By using this website you give your consent that all personal data submitted
by you may be processed by us for the purposes set out in the following data
privacy policy:
1. COMPLIANCE
We comply with the Data Protection Act 1998. The information that you provide
about
yourself or your child will only be used in accordance with our Privacy Policy.
This
Privacy Policy does not apply to websites that we link to which are operated
by third
parties.
2. PRIVACY
We take care to protect the privacy of our clients and will do the same for users of this website. This policy explains how we process information about site visitors. We automatically collect some information when you visit the site because your IP address may need to be recognised by the server. We may use this information to analyse how different parts of our site are used.
We will only disclose personal information to other companies within our group,
business partners, purchasers of our business and suppliers we engage to process
data on our behalf, unless stated otherwise. This is to allow us and our business
partners to provide you and your child with a high quality service and keep
you informed about the site by sending you information about products and services
which we think may be of interest or benefit to you and your family.