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1. Introduction.
This Agreement is a legal
document which sets out your rights and obligations,
and those of Web Results Direct Limited, a company
registered in England under registration no. 4308094
("LinkGovernor", "we" or "us"), in relation to
this site and the services offered by LinkGovernor
through it (the "Link Governor Service"). You
must take the time to read and understand it,
before registering for the LinkGovernor service
as a training organisation.
By registering, you accept
that you are entering into a contract with us
on the terms of this Agreement.
Users of the Link Governor
Service also affirm that they are bound by this
Agreement each time they access the LinkGovernor
Service.
You should be aware that
this Agreement may change from time to time in
accordance with Clause 23 below.
2 Types of User.
People who register for the
LinkGovernor Service become "Users".
Users are
- training organisations
or their representatives who confirm these terms
and conditions on their behalf;
- school or their named
representatives who confirm these terms and
conditions on their behalf;
- school governors and
individuals who are registered on the service
by schools and educational bodies
Users must be at least
18 years of age.
Users join the LinkGovernor
service in order to manage the training events
of school and educational organisations' boards
of governors and trustees. A full description
of this service is offered on the website.
In order to avail of the
LinkGovernor Service, you must have internet access
and all the software (and skills) required for
e-mail and web usage.
3 Training Organisations and
Fees
If a training organisation
decide to become a User it agrees to pay our fees
at the agreed prevailing rate as published on
the website. Fees are due 30 days after the date
of invoice and in the event of non-payment LinkGovernor
is entitled to withdraw service. Any changes in
pricing will be notified by e-mail to Training
Organisations six months in advance of the change.
Invoices will be issued
on a calendar quarterly basis in arrears and will
be calculated as defined by the number of schools
registered with the training organisation during
the period. The full quarterly charge will be
made for each registered school irrespective of
the time period for which the school has been
registered during the quarter.
You do not have the right
to cancel your User status during the cooling-off
period which is provided for certain purchases
under the Consumer Protection (Distance Selling)
Regulations 2000.
You are able to terminate
this Agreement at the end of the calendar quarter
during which the notice is given and the agreement
is deemed terminated when full and final settlement
of any outstanding invoices has been effected.
4. Registration
All Users undertake to register
for the LinkGovernor Service using accurate and
current information about themselves and others
– including their correct name, address and any
other requested details.
5 Privacy policy
LinkGovernor’s Privacy Policy
forms part of this Agreement, and by agreeing
to this Agreement, you also give your consent
to the way we may handle your personal data in
that policy. Given the global nature of the World
Wide Web, any posting on the LinkGovernor Service
is, of course, accessible to internet users around
the world.
6 Link Governor’s Role
You, whether you are a User
or just a non-User who visits the LinkGovernor
Service, acknowledge that we are not and cannot
be responsible for the behaviour of Users - whether
on the LinkGovernor Service or outside of it.
We only provide a venue where the LinkGovernor
Service may be accessed.
In particular, you should be
aware that LinkGovernor does not pre-screen or
monitor the material contributed by Members and
it is not responsible for the accuracy and/or
sufficiency of the information presented on the
LinkGovernor service.
7 Additional Services
LinkGovernor or its affiliates
may offer new or additional services through the
LinkGovernor Service from time to time.
Your use of those services may
be subject to additional terms and conditions,
or rules of use, which you must comply with. Provided
that those terms or rules are notified to you
on the LinkGovernor Service in an appropriate
manner (as determined by LinkGovernor at its reasonable
discretion), any failure by you to comply with
a material provision of the terms or rules governing
those services will amount to a breach of this
Agreement.
8 Operation of LinkGovernor
Services
LinkGovernor reserves the right
to withdraw or modify one or more aspects of the
LinkGovernor Service, or the entirety of it, where
we have legal or commercial reasons to do so.
There may also be times when
the LinkGovernor Service becomes inaccessible
as a result of technical difficulties experienced
by LinkGovernor or on the Internet; we will, however,
use reasonable skill and care to overcome these
difficulties where they are within our control.
Please note that there will be no refund of User
fees for withdrawal, modification or unavailability
of the LinkGovernor Service, except as provided
in Clause 11(ii) below. For security or other
reasons, we may require you to change password
or other information which facilitates access
to the LinkGovernor Service.
9 Misuse of LinkGovernor Service
We reserve the right
(a)
to suspend or terminate any Users access to the
LinkGovernor Service, or parts of it, and/or
(b)
to edit, or require the Member to edit, material
posted on the Link Governor Service, if the relevant
Member or material appears to us to be in breach
of any provision of this Agreement.
Any person whose access has
been suspended or terminated must not re-register
for, or re-access, the LinkGovernor Service without
our prior consent. You are responsible for everything
which you do on or through the LinkGovernor Service
while your User account is logged on to the LinkGovernor
Service, or through your e-mail address(es).
10 Relevance
The LinkGovernor Service is
intended to be used by its Users for the purposes
referred to in Clause 2 above.
Accordingly, Members must not:
- include an e-mail address,
postal address, phone number, the address of any
website, or any other information which does not
fulfil the purpose and objective of the LinkGovernor
Service
- place material on, or otherwise
use, the LinkGovernor Service for any business
or commercial purpose except for that of displaying
and advertising training events and their management
or
- use your access to the LinkGovernor
Service, or information gathered from it, for
the sending of unsolicited bulk e-mail (sometimes
known as spam).
11 Fees
(i) You acknowledge that we
are entitled to alter the amount or the basis
of the calculation of our fees from time to time,
provided that such amount or basis is clearly
stated at the time when you agree to take the
relevant LinkGovernor Service.
(ii) Fees paid by a User will
not be rebated or refunded by LinkGovernor, except
as follows:
If, under Clause 8 above, we
entirely withdraw an aspect of the Link Governor
Service for which you have subscribed, or the
entirety of the LinkGovernor Service itself, then
you may be entitled to a rebate of your User fee
for the remainder the three month period to which
that fee relates;
We may add new or ancillary
services from time to time which require the payment
of fees – either to us or a nominated third party
– on terms which will be provided to you at the
time.
12
Prohibitions
You are responsible for ensuring
that no material you post, or which is posted
through a machine on which you access the LinkGovernor
Service, nor any activity or communication you
make in connection with any LinkGovernor Service,
will be capable of
(a) infringing the intellectual
property or other rights of any person or entity,
(b) breaching any applicable
law, whether criminal, tortious or otherwise,
or
(c) appearing to be offensive,
threatening, obscene, pornographic, false, unreliable
or misleading.
13 Alerting LinkGovernor
If you see anything on the LinkGovernor
Service which appears to infringe this Agreement,
then please contact us to inform us of it by emailing
us here at abuse@linkgovernor.co.uk.
We do not generally monitor
material contributed by Users before it is placed
on the LinkGovernor Service, and so we are reliant
upon users to point out any which infringes this
Agreement.
14 Withdrawal of material
and Termination of User Agreement
Each User acknowledges that
we are entitled to withdraw any material on the
LinkGovernor Service which appears whether based
on information received from Users or others,
or our own determination to be capable of breaching
any part of this Agreement, or to bring the LinkGovernor
Service into disrepute. However, each user acknowledges
that we do not monitor material which appears
on the LinkGovernor Service, and that we are reliant
upon you and all users to notify us of anything
you see here which appears likely to breach this
Agreement, using the notification techniques which
are made available on the LinkGovernor Service.
15 Disclaimer and Release
LinkGovernor has no control
over or responsibility for the truth or accuracy
of any material available on the LinkGovernor
Service, whether provided by Users or others.
- If any third party sites are
linked to from the LinkGovernor Service, this
does not mean that we endorse or have any responsibility
for the site in question or anything which appears
on it.
- You should exercise no lesser
degree of caution in appraising what you see on
the LInkGovernor Service than you do off-line.
- Even though Users are prohibited
from doing so, people may provide information,
or otherwise behave, in a way that is unreliable,
misleading or even illegal.
- Your use of the LinkGovernor
Service is entirely at your own risk. Accordingly,
to the extent that the law permits, you release
LinkGovernor, its directors, contractors and employees
from all liability arising out of or in connection
with the LinkGovernorService and the material
included here by Members and other third parties.
16 Intellectual Property
You acknowledge that all copyright,
trade marks, and other intellectual property rights
in and relating to the LinkGovernor Service (including
the material which is contributed by Users) are
owned by LinkGovernor. It is easy to copy material
which appears on web-sites, but this does not
mean it is legal. Therefore, no-one may copy,
distribute, show in public or create any derivative
work from the LinkGovernor Service, or any of
the material which is found on the LinkGovernor
Service unless properly licensed to do so by us.
By submitting any material to
the content of the LinkGovernor Service, you:
- are representing that you
are fully entitled to do so;
- grant us a non-exclusive,
royalty-free, non-terminable licence right to
copy, modify, distribute, show in public and create
derivative works from that material in any form,
anywhere; and
- authorise us to adapt the
relevant material in the course of doing so, and
so waive your moral rights to object to any derogatory
treatment, or to be identified as the author,
of the material in question.
17 Excluded loss
We will not be liable to you
or any third party for any indirect or consequential
loss or damage, or for any loss of data, profit,
revenue or business, howsoever caused (whether
arising out of any negligence or breach of this
Agreement or otherwise).
LinkGovernor will also not be
liable for any failure to perform of its obligations
under this Agreement caused by matters beyond
its reasonable control.
18 Maximum liability
Without limiting the preceding
Clause, during any period of twelve months, the
aggregate liability of LinkGovernor under this
Agreement (whether arising in negligence or otherwise)
will not under any circumstances exceed the greater
of (a) £5, or (b) an amount equal to the sums
paid by you to us by way of User fees during the
relevant period of three months, regardless of
the cause or form of action.
19 Non-excluded liabilities
Nothing in this Agreement limits
LinkGovernor's liability for death or personal
injury resulting from our negligence, or any other
liability which may not by law be excluded. Any
statutory rights you may have remain unaffected.
20 Indemnity
You agree to indemnify us against
all liabilities, claims and expenses that may
arise from any breach of this Agreement by you
or through a machine on which you access the LinkGovernor
Service.
21 Assignment
We reserve the right to assign
this Agreement, and to assign or subcontract any
or all of our rights and obligations under this
Agreement. You may not without the written consent
of LinkGovernor assign or dispose of this Agreement.
22
Entire Agreement
This Agreement includes our
privacy policy. Together they contain the whole
of the agreement between us and you concerning
the LinkGovernor Service and they replace all
earlier agreements and understandings with you,
except for any fraud or fraudulent representation
by either of us.
A person who is not a party
to this Agreement has no right under the Contracts
(Rights of Third Parties) Act 1999 to rely upon
or enforce any term of this Agreement.
23
Changes to this Agreement
LinkGovernor reserves the right
to change this Agreement from time to time, and
post the new version on the LinkGovernor Service.
When we do so, we will notify you of the fact
that there are changed terms on the main screen
( www.linkgovernor.co.uk) , and the new version
of these terms and conditions will take effect,
and will govern all LinkGovernor Services and
your relationship with LinkGovernor:
- commencing three months after
the date of posting (or such later date as LinkGovernor
indicates in the relevant posting), if any of
the changes is to an operative provision of this
Agreement which is capable of adversely affecting
you; if you do not wish to be governed by the
new version of the Agreement, you may notify us
on or before the date when the new version of
the Agreement is to take effect, and from that
date you must cease to use the LinkGovernor Service;
or
- immediately upon the date
of posting (or such later date as LinkGovernor
indicates in the relevant posting), if the changes
are not to operative provisions, or not capable
of adversely affecting you - examples of which
would include, without limitation, changes to
one or more of LinkGovernor's addresses or e-mail
addresses referred to in this Agreement.
24 Severability
In the event that any term of
this Agreement is held to be invalid or unenforceable
by judicial decree or decision, the remainder
of this Agreement shall remain valid and enforceable.
25 Law
This Agreement shall be governed
by and construed in accordance with the laws of
England and Wales.
26 Keeping this Agreement
We don’t separately file the
individual Agreements entered into by Users when
they register for the LinkGovernor Service. You
can access it at www.linkgovernor.co.uk. Please
make a durable copy of this Agreement by printing
and/or saving a downloaded copy on your own computer.
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Contact
You can contact us by post at
LinkGovernor, Grayswood Rd, Haslemere, Surrey
GU27 2DE. If you wish to pay by cheque please
make the cheque payable to LinkGovernor. Please
make sure you include your e-mail address with
all correspondence.
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