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Managing Training for School Governors
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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.

27 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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