Terms and conditions of access to Actis services

1. Definitions

In these terms and conditions the following words have the following meanings:
'we, us, our, Actis' Actis (registered number 03122933) whose registered office is at Tringham House, Wessex Fields, Deansleigh Road, Bournemouth, Dorset BH7 7DT
'you, your' the person, firm or company who subscribes to the Service
'Fee' the subscription fee payable by you to us for accessing the Service
'Service' the on-line national curriculum, project box and event pack educational information services provided by us through the Website to which you subscribe, details of which are as provided by us from time to time
'Website' the website operated by Actis

2. General

2.1. These terms and conditions are the only conditions under which we are willing to provide the Service to you. These conditions can only be modified as set out in these conditions or by a variation in writing signed by a director of Actis.
2.2. We reserve the right to vary or amend these terms and conditions at any time. We will give you notice of any such variation.
2.3. These terms and conditions (including any documents referred to within them) contain all the terms on which we provide the Service to you. They supersede any prior promises, representations (except fraudulent misrepresentations), undertakings or implications made.
2.4. Where you are a private consumer, nothing in these terms and conditions shall detract from your statutory rights.
2.5. These terms and conditions do not create any right enforceable by a person not a party to them.

3. Subscription

3.1. Access to the Service (except for those parts that we make freely available) is only provided to you on condition that either you pay the Fee (if you are an individual member) or you are a duly authorised employee of an institution that has paid the Fee.
3.2. The Fee is payable either through our on-line payment facility or at our discretion by cheque or bank transfer. You will only be granted access to the Service when we have received payment in full. The Fee is exclusive of VAT which will be payable by you in addition (if applicable).
3.3. Your access to the Service is by user name and password. Your password is secret and personal to you and must not be disclosed to any third party in any circumstances. You must take all precautions to prevent it being used by anyone else including:
3.3.1. never writing down your password in any way that someone else could easily understand;
3.3.2. never telling someone else your password

3.3.3. writing to us immediately if you know or suspect that someone else knows your password, so we can issue a new password to you

3.4. Where you are an institution, you will be issued with an agreed number of user names and passwords sufficient for your employees. You are responsible for ensuring that these are only disclosed to the relevant employees and not to third parties.
3.5. We do not permit any part of the Service to be cached in proxy servers.
3.6. If you do disclose or share your user name or password with another person or allow another person to use the Service on your behalf, you agree to indemnify us for any losses or damages incurred by us as a result of your actions. If we reasonably believe that a user name and password are being used in any way which is not permitted by us we reserve the right to cancel access rights immediately without notice, and to block access to all users from that address.

4. The Service

4.1. The contents of the Service are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision.
4.2. We use reasonable care to make sure that the information appearing on the Service is accurate and up to date. However, errors and omissions do occur and you should not take the accuracy of the information for granted.
4.3. Because we do not have control over the use that may be made of the information provided through the Service, we exclude (to the fullest extent permitted at law) all warranties, express or implied, as to the quality, accuracy, timeliness, completeness, performance, or fitness for a particular purpose of the Service or any of its contents. In particular we make no warranty or representation that:
4.3.1. the Service will meet your requirements;
4.3.2. the Service will be uninterrupted, timely, secure or error free;
4.3.3. the results that may be obtained from the use of the Service will be accurate or reliable;
4.3.4. the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations;
4.3.5. the contents of the Service are free from infection by viruses or anything else which has contaminating or destructive properties; or
4.3.6. any errors in the software contained within the Service will be corrected.
4.4. Any material downloaded or otherwise obtained by you through the use of the Service is done at your own discretion and risk and on the basis that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material;

5. Our Liability

5.1. Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury caused by our negligence.
5.2. We do not accept liability for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damage for loss of profits, anticipated savings, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), including but not limited to anything resulting from:
5.2.1. the use of or inability to use the Service;
5.2.2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;
5.2.3. unauthorised access to or alteration of your transmissions or data;
5.2.4. statements or conduct of any third party on the Service (including but not limited to any defamatory statements); or
5.2.5. any other matter relating to the Service.
5.3. We will not be liable if we are unable to perform our obligations under these terms and conditions due to the failure of any machine, data processing system or transmission link or to any circumstances beyond our control (including but not limited to strike, industrial action, war, fire, act of God or prohibition or enactment of any kind).
5.4. Subject to clause 5.1 if we are found liable to you our liability shall not exceed the total Fee paid by you to us.
5.5. You agree that given the nature of the Service, the exclusions and limitations of our liability are reasonable.

6. Copyright and trade mark

6.1. All material on the Website is the copyright material of Actis or our authorised content providers.
6.2. You are permitted to print or download extracts from the Website and the Service solely for your own non-commercial individual teaching and learning purposes. Any extracts so downloaded may be stored on your computer, or if you are an institution on your network, for future use, subject to compliance with the remainder of this clause.
6.3. All copies of any part of the content material must bear an acknowledgement of the copyright of the owner of the material. Copyright, trademark and other proprietary notices must not be removed.
6.4. You may not reproduce, copy or redistribute the design or layout of the Website or Actis products, individual elements of the Website design or Actis logos without the express written permission of Actis.
6.5. No part of the content of the Website or any Actis products may be reproduced or transmitted to or stored in any website nor may any of its pages or parts thereof be disseminated in any electronic or non electronic form (except as set out in clause 6.2) nor be included in any public electronic retrieval system or service without prior written permission from Actis. Copying or reproducing software to any other server or location is expressly prohibited.
6.6. Except to the limited extent set out above, you are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play for the purpose of public use or for the purpose of commercial exploitation this website or any part thereof. You are not permitted to adapt, change or incorporate with any other work in any way the content of the Website or any Actis products for any other purpose whatsoever without prior written permission from Actis.

7. Links to other sites
Actis may provide access via hypertext links to resources on other websites but in so doing we are not endorsing any linked entities nor authorising any act which may be in breach of copyright or any other third party rights which are protected in law or by international treaties world-wide. We do not accept any responsibility or liability for any of the material contained on any third party site.

8. Changes to the Service
We reserve the right to alter without notice the arrangements for access to the Service or to change the content, presentation and/or facilities of the Service.

9. Material Submitted by Users

9.1. Certain elements of the Service may contain material submitted by users. We do not accept any responsibility for the content or accuracy of such material. Where the material is based on or contains extracts owned by third parties, we do not make any representation or warranty that the material is provided without infringing the rights of the third party.
9.2.
You agree that you will not upload files that contain software or other materials protected by intellectual property laws unless you own or control all of the rights thereto or have received all necessary consents.
9.3. Any material or information transmitted to or posted to the Service by any means will be treated as non-confidential and non-proprietary and may be disseminated, stored or used by us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services. This includes the right to exploit any proprietary rights in such information and material including rights relating to copyright, trademarks, patents or other intellectual property rights. This applies to all material and information that has already been provided in addition to that transmitted or posted in the future.
9.4. You are not permitted to post or transmit to or from the Service any unlawful, threatening, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any other material which could give rise to any civil or criminal liability. You must not upload files that contain viruses, corrupted files or any other programs that may damage the operation of our or any third party's computer or conduct or forward surveys, contests, pyramid schemes or chain letters or falsify any author attributions or other proprietary designations or do anything that might restrict or prohibit other users from using the Service.
9.5. You agree that you will not use any talk areas and communication facilities to stalk, harass, threaten or otherwise violate the legal rights of others. Always use caution when giving information about the identity of yourself, pupils and the educational establishment where you work.
9.6. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law or legal process or government request or to edit, refuse to post or to remove any information or materials at our discretion

10. Termination

10.1. You can terminate your agreement with us at any time by giving us notice in writing. Unless we are in breach of our obligations to you, you will not be entitled to any refund of the Fee paid by you. You may in addition be entitled to cancellation rights under clause 11.
10.2. We can terminate this agreement at any time on giving notice to you if:
10.2.1. you commit a breach of these terms and conditions
10.2.2. you become bankrupt or enter into a voluntary arrangement with your creditors, become subject to an administration order, have a petition presented or an order made for you winding-up, have a receiver appointed over all or any part of your undertaking or assets, go into liquidation, cease or threaten to cease to trade or suffer any analogous event of insolvency.
10.2.3. you fail to pay the Fee when due
10.3. We reserve the right to terminate this agreement at any time and for any reason on giving notice to you. If we terminate your membership under this clause we will refund a proportion of the Fee relating to the remainder of the period for which you have paid (if any).

11. Your right to change your mind

11.1. Where you are subscribing as a private consumer, you may be entitled to cancel your agreement with us as set out below. This does not apply to subscriptions by institutions or by individuals acting in the course of their business, trade or profession.
11.2. Where you are a private consumer and you subscribe for a one-off supply of Services (for example a project box) you are not entitled to cancel your agreement with us (except as set out in clause 10).
11.3. Where you are a private consumer and you subscribe for an ongoing Service from us, you are entitled to cancel your agreement with us at any time during the period of seven (7) days from when we notify you that you have entered into a contract with us. However if during that period you want to start receiving the Service, you will lose your right to cancel.
11.4. If you are entitled to cancel your agreement with us as set out in clause 11.3 and you wish to exercise that right you must send us your notice by e-mail to [insert e-mail address] or by first class post or facsimile to the address given. If you validly exercise a right to cancel we will refund the Fee paid within 30 days.

12. Personal Information

12.1. We will request certain personal information from you (or if you are an institution, from your employees) in order to provide the Service to you. You are responsible for the accuracy and truthfulness of such information and you warrant and undertake to us that all such information is true and correct.
12.2. We will use your personal information only for the purposes of providing the Service to you. We will treat your personal information as confidential and we will not disclose it to any third party except with your prior agreement or as required by law. We are registered under the Data Protection Act 1998 and your data will be processed subject to that Act.
12.3. We reserve the right to request supporting documentation to verify personal information in our absolute discretion.
12.4. You must notify us immediately of any change in your personal details.

13. Law
These terms and conditions are subject to English law and you and we submit to the exclusive jurisdiction of the English courts.

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