Terms and Conditions for Bare
History
1. Definitions
In these terms and conditions the following
words have the following meanings:
'we, us, our' is Bare Learning;
'you, your' the person or institution who subscribes
to Bare History;
'fee' the subscription fee payable by you to us for
accessing Bare History;
'service' the on-line Bare History material,
provided by us through the website to which you
subscribe, details of which are as provided by us
from time to time;
'website' the Bare History website operated by Bare
Learning.
2. General
2.1. These terms and conditions are the only
conditions under which we are willing to provide the
service to you.
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 or you
are a duly authorised teacher or student of an
institution that has paid the fee. 3.2. Your access to the service is by user name and
password. You are free to divulge these details to
teachers and students wholly connected to your
institution.
3.3. 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 issue a new
username and password.
3.4 By placing an order, you are agreeing to a 12
month subscription and to pay the membership fee.
There is no trial or inspection period.
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 contents of the service are free from
infection by viruses or anything else which has
contaminating or destructive properties; or
4.3.5. 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 Bare Learning.
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, individual elements
of the website design or Bare History logos without
the express written permission of us.
6.5. No part of the content of the website 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 us.
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 Bare History products
for any other purpose whatsoever without prior
written permission from us.
7. Termination
7.1. 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.
7.2. We can terminate this agreement at any time on
giving notice to you if:
7.2.1. you commit a breach of these terms and
conditions;
7.2.2. you fail to pay the fee when due.
7.3. 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).
8. Personal Information
8.1. We will request certain personal
information from you 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.
8.2. 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.
9. Law
These terms and conditions are subject to English
law and you and we submit to the exclusive
jurisdiction of the English courts. |
