General Terms of Website Use
The Website located at http://www.mynewterm.com (the "Website") is owned and operated by Eduvocation Ltd (trading as MyNewTerm) (collectively referred to as "we", "our" or "us").
Please read these terms and conditions of use of the Website (these "Terms") before using the Website. "You" and "your" when used in these Terms includes any person who accesses the Website or submits personal data via the Website.
Services taken by schools, academies, free schools, and other educational establishments (together "Educational Settings") are governed by these General Terms of Website Use and additional terms of service, which will be agreed with them separately.
- You will be required to set up an account with us for the purpose of improving your experience whilst using the Website (a "User Account") and to use and access certain services offered by us, both free and paid for, all of which are referred to as "Services".
- In order to obtain a User Account, you are required to complete the registration process. You hereby represent and warrant to us that any and all information submitted to us in the course of the registration is accurate and true. You undertake to keep your registration information up to date.
- You are responsible for maintaining the confidentiality of your User Account and password and for restricting access to your system and User Account. This includes keeping your User Account details secret such as your User Account ID and password and not allowing other users to use your User Account. You agree to notify us immediately if you have any reason to believe the security of your User Account has been compromised, including if you believe that your password has become known to anyone else or if your password is being, or is likely to be, used in an unauthorised manner. You must log off each time at the end of the session. We shall bear no liability for any harm, loss or damage resulting from your failure to comply with the requirements of these Terms.
- You are responsible for all use of your User Account (except where such use is directly due to our error). You may be liable for unauthorised usage of your User Account as a result of failing to keep your information secure. If you believe you have been a victim of crime in relation to the Website (including any fraudulent activity on your User Account) you should immediately contact law enforcement and our customer services team at firstname.lastname@example.org.
- You may close your User Account by following the procedures set out in the Website. You acknowledge and agree that we shall be entitled to terminate or suspend your User Account at our sole discretion without any notice to you in the event of your breach of these Terms or without any reason. You understand that termination of your User Account may lead to blocking, deletion and limitation of your access to content, materials, information and files uploaded, shared, submitted and made available in association with your User Account, as well as access to some or all of our Services.
Use of the Website
- We are the owner or the licensee of all intellectual property rights in the Website, the Content and the Trade Marks. Subject to these Terms, we grant you a limited, temporary, revocable, and non-exclusive licence to access, browse and use the Website (including the Content and Trade Marks) for your personal and non-commercial use only. Where specified in the relevant part of the Website, the licence granted herein may be limited to a particular period of time and/or may be subject to additional terms and conditions.
- For the purposes of these Terms "Content" includes, but is not limited to, all or part of any text, graphics, layout, logos, images, audio material, films or other moving images, product details and/or software published or otherwise available on the Website from time to time (including, without limitation, anything made available for download) and "Trade Marks" means the trade marks, logos and service marks (whether or not registered) displayed on the Website.
- While accessing, browsing and/or using the Website you must:
- comply with all applicable laws, regulations and codes;
- not impersonate another person or use a false name or email address;
- not deep-link to and/or frame or use framing techniques to enclose the Website or any part of the Website without our prior written consent;
- not modify or attempt to modify all or any part of the Content or the Website;
- not gain or attempt to gain unauthorised access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
- not post, transmit, submit, refer to, make available or link to or from (or authorise or permit any other person to do the same) any material which:
- is untrue, fraudulent, inaccurate or incomplete; and/or
- is discriminatory, libellous, defamatory, obscene, threatening, menacing, offensive, harassing, abusive, causes annoyance, inconvenience or needless anxiety, is tortious, is in breach of confidence; and/or
- may constitute a criminal offense, result in civil liability or otherwise violate or breach any applicable laws, regulations or code of practice; and/or
- interferes or violate the legal rights (such as rights of privacy and publicity) of others or violate other users of the Website; and/or;
- violates, infringes or misappropriates any intellectual or industrial property right of any person (such as copyright, trademarks, patents, or trade secrets, or other proprietary rights of any party) or commits a tort; and/or
- interferes with, disrupts, negatively affects or inhibits other users from using the Website or links on the Website or damages, disables, overburdens or impairs the functioning of the Website or our servers or any networks connected to any of our servers in any manner; and/or
- contains any virus, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any other similar software or program or other harmful code, or which may otherwise impair or harm the Website or our computer systems or any third-party computer system, and we shall have sole discretion as to whether any such material is in breach of this sub-clause.
- Except as set out in the limited licence set out herein (or as required under any applicable law), the Content, Trade Marks and/or any other part of the Website may not be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent. You are not permitted to republish any part of the Website (including the Content) on another website, in any other medium (print, electronic or otherwise) or as part of any commercial service without our prior written permission. If you require any further information on permitted use, or a licence to republish any part of the Website (or any Content), please email us at email@example.com. At any time and without giving you any advance notice, we may permanently or temporarily and for any reason:
- terminate, suspend or deny your access to the Website (whether in whole or in part); and/or
- terminate, suspend or deny your access to the Website and the Services, the registration areas of the Website and/or your password referred to in Section 1 above.
Limited permission to copy of download
- You are permitted to print or download extracts from this Website for your own personal, non-commercial use. Our interest in any such extracts, and that of any identified contributors as the author of any materials on the Website, must always be acknowledged.
- Any copies of these pages saved to disk or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for your own personal, non- commercial use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Links to other websites
This Website may provide access via hypertext or other links to resources in other websites. These links shall be for browsing only and in so doing so we do not endorse any linked entities nor authorise 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 privacy practices or the content on any third party website.
Links to the Website
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- Educational Settings may link directly to their respective employer careers page(s) and/or individual job vacancies.
- You must not establish a link to our site in any website that is not owned by you.
- We reserve the right to withdraw linking permission without notice.
- You should not assume that because you reached the Website via a link from a third party site that we have given its consent to such a link.
- If you wish to make any use of content on our site other than that set out above, please contact us by emailing firstname.lastname@example.org.
Data Protection, Privacy
Exclusions and limitations of liability
- All information and/or data on the Website is provided on an "as is" basis. Save to the extent required by law, no representations, warranties or terms of any kind are made (or shall be implied by statute or otherwise) in respect of the Website or the Content, including, without limitation, warranties of satisfactory quality, conformity to contract, accuracy, adequacy, conformity to description or fitness for any particular purpose.
- Neither we nor any of our data providers or affiliates gives any warranty or guarantee relating to availability of the Website or that the Website and/or our operation of it, the Content or the server that makes the Website available are error or virus free or free of other harmful components or that your use of the Website and/or the Content will be uninterrupted.
- You agree that us, our directors, employees, agents or other representatives, data providers or affiliates will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances for any amount or kind of loss or damage (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any anticipated loss of profit, loss of profit, loss of opportunity, loss of data, costs and fines and/or any special or incidental damages of any kind) that may result to you or a third party arising from or connected in any way to:
- interruption of business; or
- access or other delays, terminations, suspensions, denials or access interruptions to the Website; or
- data non-delivery, data mis-delivery, data corruption, destruction of data or other modification of data; or
- third party website links on the Website; or
- reliance on the information contained on the Website; or
- computer viruses, system failures or malfunctions which may occur in connection with your use of the Website; or
- any inaccuracies, omissions or misleading, false or deceptive statement in the Content; or
- events beyond our reasonable control.
- Notwithstanding any provision of these Terms, we do not exclude or limit our liability for:
- death or personal injury caused by its negligence or that of any of its officers, employees or agents; or
- fraudulent misrepresentation; or
- any liability which it is not lawful to exclude either now or in the future.
- To the fullest extent permitted by applicable law, you shall indemnify, defend and hold harmless and reimburse us, including our subsidiaries, affiliates, directors, officers, employees, agents, representatives, and assignees and successors, harmless from and against any and all claims, damages, losses, actions, demands, proceedings, expenses and/or liabilities filed (including without limitation all legal fees and expenses), incurred by us arising from or relating to:
- any breach of these Terms by you; or
- your fault, negligence or breach of statutory duty; or
- your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure (whether owned by, leased or licensed to us) or that of any of our suppliers.
- Your total liability (whether in contract, tort (including negligence) or otherwise) arising out of or in connection with these Terms shall be capped at £45,000.
Changes to access or content of the Website
- We may take down the Website and/or any of the Services at any time for any duration and for any reason, including for investigation of any security incident and for carrying out system maintenance and upgrades.
- We may alter without notice the arrangements for access to our Website or change the Content. Please also note that certain Content on the Website may be out of date at any given time, and we are under no obligation to update it.
Changes to these Terms
- Any changes we make to these Terms in the future will be posted on the Website and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes.
- These Terms were last updated in July 2019.
- Any contractual or legal relationship between us and you will be concluded in English.
- All notices shall be given by e-mail to us at email@example.com and to you at the e-mail you provide during the registration process. Notice will be deemed received 24 hours after such e-mail is sent.
- Nothing in these Terms is intended to or shall operate to create a partnership or joint venture of any kind between us or to authorise either of us to act as agent for the other, and neither of us shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
- In the event that, following a breach of these Terms by you or under any other scenario, if we do not take action against you, or we fail to require or enforce strict performance of any provision of these Terms, such failure or decision shall not be considered a waiver of our rights to assert or rely upon any such provision or right. We shall still be entitled to assert or rely upon our rights and remedies in any other situation. Similarly, any express waiver by us of any rights or provisions of these Terms regarding any particular situation shall not constitute a waiver of its rights for other similar or future situations.
- We may assign our rights and obligations under these Terms. Any licence granted herein is personal to you and may not be assigned, transferred or sub-licensed (in whole or in part) without our prior written consent.
- If, and to the extent that, any of the provisions of these Terms are disallowed or found to be ineffective, invalid, unlawful or unenforceable by a court or regulator of competent jurisdiction, such provision shall to that extent be severed from the remaining provisions contained herein, which shall continue to be valid and applicable to the fullest extent permitted by law.
- Except as otherwise provided herein, these Terms are intended solely for the benefit of you and us and are not intended to confer third-party beneficiary rights upon any other person or entity.
- These Terms shall be governed and construed in accordance with the laws of England and Wales.
- Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this Section 11. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, United Kingdom. The language to be used in the arbitral proceedings shall be English.
- Any dispute arising out of or related to these Terms shall not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, a dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
- Our registered company name: Eduvocation Ltd (trading as MyNewTerm)
- Registered in England and Wales with company number: 9678975
- Address: MyNewTerm, 6th Floor, Hampton by Hilton, 42-50 Kimpton Road, Luton, Bedfordshire, LU2 0FP
- Information Commissioner's Office (ICO) Registration Number: A8348058
- Our Data Protection Officer is: Wayne Cartmel, MyNewTerm, 6th Floor, Hampton by Hilton, 42-50 Kimpton Road, Luton, Bedfordshire, LU2 0FP or email firstname.lastname@example.org.