Terms of Use

Independent Junction

 

 

A meeting place for parents and prospective parents of children in the independent school sector in the UK



TERMS OF USE


Your User Agreement
You are accessing this Website on the following terms, which gives you access to our services and products.

Introduction
By using this Website (including its related Websites, services and tools) you agree to the following terms and the general principles for the Websites of our subsidiaries and international affiliates.

This Agreement is effective on 1st November, 2013, for current users, and upon acceptance for new users (the “Users”). If you do not agree with these Terms of Use, then do not use this Website.

When you subscribe to use the Website (the “Services”) you must read and accept all of the terms in, and linked to, this Agreement and the Privacy Policy. You must read this Agreement and access and read the linked information. By accepting this Agreement, you agree that this Agreement and Privacy Policy will apply whenever you use our Websites, products or services, or when you use the tools we make available to interact with our Websites, products and services.

Using the service
When accessing the services we agree to provide you with access to this Website, and all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, information, data and material therein (the “Content”) subject to these Terms of Use.

While using our Websites, services and products, you will not:

  • interfere with or disrupt the use of the Website; other users of the Website; computer networks or attempt to do so;

  • post content or items in an inappropriate category or areas on our Websites and services;

  • download, upload, post, transmit, publish, or distribute any material that infringes, violates, breaches or otherwise contravenes our rights or any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;

  • violate any laws, third party rights or our policies;

  • take any action that imposes an unreasonable large load on the infrastructure of our Websites or systems or networks, or any systems or networks connected to the Website;

  • use our Websites, services or products if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our Websites, services or tools;

  • fail to deliver payment for the services used by you;

  • circumvent or manipulate our fee structure, the billing process, or fees owed to us;

  • post false, inaccurate, misleading, defamatory, or libellous content (including personal information);

  • transfer your account (including feedback) and User ID to another party without our consent;

  • distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;

  • distribute viruses or any other technologies that may harm us, or the interests or property of other users;

  • copy, modify or distribute rights or content from our Websites, service or tools or our copyrights and trademarks; or

  • harvest; use automatic device or screen scraping programs or otherwise collect information about us or our projects , administrators and users, including email addresses, without their consent.

 

Suspend User
Please report problems, offensive content, and policy violations to us. Without limiting other remedies, we may limit, suspend or terminate our Services and user accounts, prohibit access to our Websites and their content, services and products, delay or remove hosted content, and take technical and legal steps to keep users off the Websites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of Users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue our Websites, services or products.

 

Content
You hereby agree and acknowledge that you are prohibited from (i) making available all or any portion of the content to any other person or entity, except as permitted in this Agreement; and (ii) creating derivative works from the content; and (iii) using the content in the provision of any services to third parties. in addition, you shall not (i) distribute, transfer, sub-license, rent, lend, transmit, sell, re-circulate, repackage, assign, lease, resell, publish, copy, translate, convert, decompile, alter, enhance, disassemble, modify, or change all or any portion of the content; (ii) use the content for any illegal purpose or in any manner inconsistent with the provisions of this Agreement; nor (iii) use content and/or our systems in any manner not permitted hereunder.

You may use Content purposely made available by us for downloading from the Website, provided that you (i) do not remove any proprietary notice or disclaimer language in any copies of such documents, (ii) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (iii) make no modifications to any such information, and (iv) do not make any representations or warranties relating to any content of such documents.

You shall not use the Content to develop, support, create or provide pricing for (i) any database or product that competes directly with the Content or any other product or service offered by us in the marketplace or which could create a functional substitute for any one of our services or Content. You acknowledge that the use, dissemination or distribution by you of information identical or similar to that provided through the Content not in accordance with this Agreement shall be deemed a breach of this Agreement.

 

Links
We make no claim or representation regarding, nor do we accept any responsibility for the quality, content, nature, or reliability of sites accessible by hyperlink from the Website, or sites linking to the Website. The linked sites are not under our control and we shall not be responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement or adoption by us of a linked site or any information contained therein. When leaving the Website for another site, you should be aware that this Agreement no longer governs, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that other site. We shall have no liability for third-party content or Websites or Websites linking to or framing the Website.

 

Modification
The Website and Content are subject to modification by us to reflect statistical, technical, administrative, jurisdictional or similar changes that we determine in good faith are required or desirable. We may also make changes to any products or services offered on the Website, or to the applicable prices for any such products or services, at any time, without notice. The materials on this Website with respect to products and services may be out of date, and we make no commitment to update the materials on this Website with respect to such products and services.

We reserve the right to change any or all of the terms of this Agreement at any time, for any reason or without reason. Your use of this Website following any change in the Agreement will constitute your agreement to be bound by the new Agreement, as changed.

 

Security
You shall solely be responsible for any and all necessary equipment and connections from your own computer systems to our systems that will allow for the delivery of the Content. We shall have no responsibility for any such software, hardware or connections. You shall ensure that you have implemented security systems and procedures to prevent the unauthorised access to or misuse or disruption of the Content.

You acknowledge that log-on access codes and passwords, which are provided to you, are for use only by you as the Users and shall ensure that each log-on access code is kept confidential. You agree to accept sole responsibility for the use and protection of the passwords that we will provide to you, including protecting the confidentiality of such passwords. You shall use commercially reasonable efforts to prohibit or cease any unauthorised access to our services on the Website. The log-ins provided by us are personal to certain Users and may not be shared.

Intellectual Property Rights
The Website and any and all Content on the Website are protected by copyright and/or other intellectual property laws and any unauthorised use of such intellectual property or information or the Website may violate such laws related to their protection. We do not grant any express or implied right or license of any kind to you under any patents, copyrights, trademarks or trade secret information with respect to such intellectual property and/or information and/or the Website.

Except as expressly provided by copyright law or this Agreement, you may not copy, distribute, modify, publish, sell, transfer, license, transmit, display, participate in the transfer or sale of, or create derivative works of, any of such intellectual property or information or the Website, either in whole or in part, other than (a) as may be required or compelled by Applicable Law or (b) as we may agree in our sole discretion.

You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

You retain copyright and any other rights you already hold in content that you submit, post or display on or through the Website. By submitting, posting or displaying the content you give us a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such content.

You understand that we, in performing the required technical steps to provide the Website and its services to you and our other users, may (a) transmit or distribute your content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit us to take these actions.

You confirm and warrant to us that you have all the rights, power and authority necessary to grant the above license.

Fees and Services
By subscribing or purchasing products or services on our Websites, you agree to pay our appropriate fees for such and accept the following conditions.

By creating an Account you will be deemed to have accepted this Agreement and will be referred to as a User.

When you purchase an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least five days' notice by posting the changes on our Website. We may choose to temporarily change the fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the Websites.

Unless otherwise stated, all fees are quoted in Pounds Sterling. You are responsible for paying all fees and applicable taxes associated with our Websites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel.)You will be liable for all such additional collection costs.

 

No Warranty
The information and materials contained in the Website have been gathered by us from sources believed by it to be reliable. They are provided “as is” and “as available”, and we make no representations or warranties of any kind with respect to the information and materials contained in the Website, including without limitation warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, we do not warrant the accuracy, timeliness, completeness, reliability or availability of the Website or the information or results obtained from use of the Website, or that the Website is virus-free or error-free. We have no obligation to audit, validate or otherwise verify any information contained in the Website.

 

Release
If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

 

Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in our Privacy Policy. We view protection of Users' privacy as a very important community principle. We store and process your information on servers that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see our Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.

 

Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

 

No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

 

Notices
Except as explicitly stated otherwise, legal notices shall be served on Independent Juction’s national registered agent (in the case of us) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

 

Legal Disputes
If a dispute arises between you and us, you and we agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing.

Law and Forum for Legal Disputes - This Agreement shall be governed in all respects by the laws of the United Kingdom. You agree that any claim or dispute you may have against us must be resolved exclusively by a court located in the United Kingdom, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within the United Kingdom for the purpose of litigating all such claims or disputes.

Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than £10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

 

General
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others doesn't waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Legal Disputes.

 

 

 

 

We use cookies to improve our website and your experience when using it.

By using this website you accept the use of cookies.

I understand