WEBSITE TERMS AND CONDITIONS
1. Scope
1.1. This webpage (together with the webpages and documents referred to in it) sets out the terms and conditions (the Terms) on which you may use our websites (including at www.londonbusinessenglish.co.uk and www.londonbusinessenglish.com) (our sites), whether as a guest or a registered user. Please read these Terms carefully before you start to use our sites.
1.2. By
using our sites, you accept these Terms and agree to abide by them. If you do
not agree to, or breach these Terms, please refrain from using our sites.
1.3. By booking a training course on any of our websites, you are agreeing to these Terms in addition to any other terms and conditions that may apply to you, including our Booking Terms and Conditions
2. Information about us
2.1. Our
sites are operated by London Business English Ltd (we, us, our). We are
registered in England and Wales under company number 09214876 and have our
registered office at 20-22 Wenlock Road, London, England, N1 7GU. We are a
private company limited by shares.
3. Individual agreements
3.1. From time to time, we may enter into a separate written agreement with you. In the event of any inconsistency between the terms of that agreement and these Terms, the terms of that separate agreement shall prevail.
4. Accessing our sites
4.1. Access
to our sites is permitted on a temporary basis, and we reserve the right to
withdraw or amend the service we provide on our sites without notice. We shall
not be liable if for any reason our sites are unavailable at any time or for
any period.
4.2. From
time to time, we may restrict access to some parts, or the entirety of, our
sites to users who have registered with us.
4.3. If
you choose, or you are provided with, a username or user identification code, password or any other information as part of our security
procedures, you must treat that information as confidential, and you must not
disclose it to any third party. We have the right to disable any username or
user identification code or password, whether chosen by you or allocated by us,
at any time, if in our opinion you have failed to comply with any of these
Terms or the terms of any of our programmes.
4.4. You
are responsible for making all arrangements necessary for you to have access to
our sites. You are also responsible for ensuring that all persons who access
our sites through your internet connection are aware of these Terms, and that
they comply with them.
5.
INTELLECTUAL PROPERTY RIGHTS
5.1. Unless otherwise indicated, our sites are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on our sites (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Kingdom, foreign jurisdictions, and international conventions.
5.2. Unless
otherwise stated on our sites (including in these Terms), we are the owner or
the licensee of all existing and future intellectual property rights (including
trade marks, copyright,
database rights, design rights, confidentiality rights and all other rights
having equivalent or similar effect) in our sites (including the material
published on it). All such rights are reserved.
5.3. The
Content and the Marks are provided on our sites “AS IS” for your information
and personal use only. Except as expressly provided in these Terms and
Conditions, no part of our sites and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express prior
written permission.
5.4. Provided
that you are eligible to use our sites, you are granted a limited license to
access and use our sites and to download or print a copy of any portion of the
Content to which you have properly gained access solely for your personal,
non-commercial use. We reserve all rights not expressly granted to you in and
to our sites, the Content and the Marks.
5.5. Except
to the extent that you are obliged by a court order or regulatory body to
disclose it, you shall keep confidential all confidential information belonging
to us that we may disclose to you.
5.6. Please
contact us if you would like to refer to our sites or any material on them. Our
status (and that of any identified contributors) as the authors of material on
our sites must always be acknowledged.
5.7. You
must not use any part of the materials on our sites for commercial purposes without
obtaining a licence to do so from us or our licensors.
6.
PROHIBITED ACTIVITIES
6.1. You
may not access or use our sites for any purpose other than that for which we
make our sites available. Our sites may not be used in connection with any commercial
endeavours except those that are specifically endorsed or approved by us.
6.2. As
a user of our sites, you agree not to:
6.2.1.
systematically retrieve data or other content
from our sites to create or compile, directly or indirectly, a collection,
compilation, database, or directory without written permission from us.
6.2.2.
make any unauthorized use of our sites,
including collecting usernames and/or email addresses of users by electronic or
other means for the purpose of sending unsolicited email, or creating user
accounts by automated means or under false pretences.
6.2.3.
use a buying agent or purchasing agent to make
purchases on our sites.
6.2.4.
use our sites to advertise or offer to sell
goods and services.
6.2.5.
circumvent, disable, or otherwise interfere with
security-related features of our sites, including features that prevent or
restrict the use or copying of any Content or enforce limitations on the use of
our sites and/or the Content contained therein.
6.2.6.
engage in unauthorized framing of or linking to our
sites.
6.2.7.
trick, defraud, or mislead us and other users,
especially in any attempt to learn sensitive account information such as user passwords;
6.2.8.
make improper use of our support services or
submit false reports of abuse or misconduct.
6.2.9.
engage in any automated use of the system, such
as using scripts to send comments or messages, or using any data mining,
robots, or similar data gathering and extraction tools.
6.2.10.
interfere with, disrupt, or create an undue
burden on our sites or the networks or services connected to our sites.
6.2.11.
attempt to impersonate another user or person or
use the username of another user.
6.2.12.
sell or otherwise transfer your profile.
6.2.13.
use any information obtained from our sites in order to harass, abuse, or harm another person.
6.2.14.
use our sites as part of any effort to compete
with us or otherwise use our sites and/or the Content for any
revenue-generating endeavour or commercial enterprise.
6.2.15.
decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in any way making up a part of our
sites.
6.2.16.
attempt to bypass any measures of our sites
designed to prevent or restrict access to our sites, or any portion of our
sites.
6.2.17.
harass, annoy, intimidate, or threaten any of
our employees or agents engaged in providing any portion of our sites to you.
6.2.18.
delete the copyright or other proprietary rights
notice from any Content.
6.2.19.
copy or adapt our sites’ software, including but
not limited to Flash, PHP, HTML, JavaScript, or other code.
6.2.20.
upload or transmit (or attempt to upload or to
transmit) viruses, Trojan horses, or other material, including excessive use of
capital letters and spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and enjoyment of our sites or
modifies, impairs, disrupts, alters, or interferes with the use, features,
functions, operation, or maintenance of our sites.
6.2.21.
upload or transmit (or attempt to upload or to
transmit) any material that acts as a passive or active information collection
or transmission mechanism, including without limitation, clear graphics
interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar
devices (sometimes referred to as “spyware” or “passive collection mechanisms”
or “pcms”).
6.2.22.
except as may be the result of standard search
engine or Internet browser usage, use, launch, develop, or distribute any
automated system, including without limitation, any spider, robot, cheat
utility, scraper, or offline reader that accesses our sites, or using or
launching any unauthorized script or other software.
6.2.23.
disparage, tarnish, or otherwise harm, in our
opinion, us and/or our sites.
6.2.24.
use our sites in a manner inconsistent with any
applicable laws or regulations.
7. Our liability
7.1. The
material on our sites, our sites and the services provided via our sites are
not intended to be advice and you should not rely on them. That material and
our sites are provided without any guarantees, representations
or warranties as to their accuracy or freedom from harmful material. To the
extent permitted by law, we hereby expressly exclude:
7.1.1.
all conditions, representations, warranties and other terms that might otherwise be included,
whether express or implied; and
7.1.2.
any liability for any direct, indirect or
consequential loss or damage incurred by any user in connection with our sites
or the use, inability to use, or results of the use of our sites (including
reliance on any content displayed on our sites), any websites linked to our
sites and any materials posted on our sites, including, in each case, any
liability for loss of income or revenue, loss of business, loss of profits or
contracts, loss of anticipate savings, loss of data, loss of goodwill, wasted
management or office time, and for any other loss or damage of any kind,
however arising and whether caused by tort (including negligence and negligent
misrepresentation), breach of contract or otherwise.
7.1.3. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation.
8. Indemnity
8.1. You
indemnify us against each and any loss, liability and cost (including
reasonable legal expenses) that we may suffer or incur as a result of or in
connection with any claim against us that results (in
whole or in part) from a breach by you of your obligations under these Terms.
9. Information about you and your visits to our
sites
9.1. We
process information about you in accordance with our Data Protection and Privacy Policy. By using our sites, you
consent to that processing and you warrant that all
data provided by you is accurate.
9.2. We may also obtain information about your use of our sites and general internet usage by using a cookie file which is stored on the hard drive of your computer. Further details on how our sites use cookies is set out in our Data Protection and Privacy Policy.
10. Viruses, hacking and other offences
10.1.
You must not misuse our sites by knowingly
introducing viruses, trojans, worms, logic bombs or other material which is
malicious or technologically harmful. You must not attempt to gain unauthorised
access to our sites, the server on which our sites are stored
or any server, computer or database connected to our sites. You must not attack
our sites via a denial-of-service attack or a distributed denial-of service
attack. We may co-operate with law enforcement authorities in relation to any
such misuse, including by disclosing your identity to them.
10.2.
We do not guarantee that our sites will be
secure or free from bugs or viruses. You are responsible for configuring your
information technology, computer programmes and platform in
order to access our sites. You should use your own virus protection
software. We will not be liable for any loss or damage caused by a virus,
distributed denial-of-service attack, or other technologically harmful material
that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of our
sites or to your downloading of any content on them, or on any website linked
to them.
11. Safeguarding
11.1.
We are not responsible for performing any checks
or validations required to ensure the safeguarding of children or vulnerable
adults. However, we reserve the right to restrict access to our sites or any
programme run by us, and/or to refer information to the appropriate
authorities, if we suspect that a user who has registered with us has harmed or
poses a risk of harm to children or vulnerable adults.
12. Linking to our sites
12.1.
You may link to our home pages, provided you do
so in a way that is, in our opinion, fair and legal and does not damage our
reputation or take advantage of it, but you must not establish a link in such a
way as to suggest any form of association, approval or endorsement on our part
where none exists.
12.2.
We reserve the right to withdraw linking
permission without notice. The websites from which you are linking must comply
in all respects with the representations and warranties above relating to User
Content (as if that websites and its contents were User Content).
12.3.
You must not establish a link from any websites
that are not owned by you. Our sites must not be framed on any other sites, nor
may you create a link to any part of our sites other than the home page.
12.4. If you wish to make any use of material on our sites other than as set out above, please contact us.
13. Links from our sites
13.1.
Where our sites contain links to other sites and
resources provided by third parties, these links are provided for your
information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any
loss or damage that may arise from your use of them.
14. Variations
14.1. We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our sites.
15. Jurisdiction and applicable law
15.1.
The English courts shall have exclusive
jurisdiction in relation to all disputes arising out of or in connection with
these Terms (including claims for set-off and counterclaims), including
disputes arising out of or in connection with: (i)
the creation, validity, effect, interpretation, performance or non-performance
of, or the legal relationships established by, these Terms; and (ii) any non-contractual
obligations arising out of or in connection with these Terms. For such purposes
you irrevocably submit to the jurisdiction of the English courts.
15.2. These Terms and any non-contractual obligations arising out of or in connection with these Terms shall be governed by and interpreted in accordance with, English law.
16. Your questions
16.1.
If you have any questions or concerns about our
sites, including any concerns regarding any users of our sites, please contact us.
16.2.
We are committed to ensuring that our sites are
accessible to the widest possible range of people. If you have any questions or
suggestions regarding the accessibility of our sites, or if you have difficulty
using any part of them, please contact us.