Education Software Solutions (“Site”) is a website owned and operated by Education Software Solutions Limited and/or its affiliates and subsidiaries (“ESS”). Access to and use of the Site is subject to the following terms and conditions (“Terms”). By using the Site you are deemed to have accepted the Terms and agreed to comply with them.
1. Who we are and how to contact us
1.1 Education Software Solutions Limited is a limited company registered in England and Wales with our registered office at 11 Kingsley Lodge, 13 New Cavendish Street, London W1G 9UG and our registered number is 12595779.
1.2 To contact ESS please use the ‘contact us’ feature of the Site.
2. Purpose of the Site
2.1 All the information and materials contained on the Site are provided for informational purposes only and:
2.1.1 shall not be construed as an offer to sell any service or product of ESS;
2.1.2 is not intended to create an advisory, fiduciary or professional relationship between you and ESS;
2.1.3 is not intended to amount to advice on which you should rely.
You are solely responsible for any use of the materials contained in the Site. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.
2.2 The information provided on the Site may be related to products or services that are not available in your country and/or will not be available at any time.
3. Other terms that apply to you
3.1 These Terms include the following additional terms which also apply to the use of the Site:
3.1.1 ESS Privacy notice
3.1.2 ESS Cookie notice
3.1.3 If you provide products or services to ESS these will be subject to our Purchase Terms
4. Intellectual property
4.1 ESS is the owner or the licensee of all intellectual property rights in the Site and the materials published in it, including, without limitation, trademarks, logos, text, images, photographs, software, reports and videos. Those works are protected by copyright and trademark laws and treaties around the world. All such rights are reserved.
4.2 Your use of the Site and its contents does not grant you any rights to ESS’s intellectual property or that of third parties in the Site and its contents.
4.3 All other trademarks not owned by ESS that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ESS. You should require specific authorisation to use, for any purpose, any of the trademarks owned by ESS or any third party.
4.4 You are permitted to browse the Site and to reproduce extracts by way of printing, downloading to a hard disk and by distribution to other people but, in all cases, for non-commercial, informational and personal purposes only and provided that our status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged.
4.5 No reproduction of any part of the Site may be sold or distributed for commercial gain, nor shall it be modified or incorporated in any other work, publication or site.
4.6 If you print off, copy, or download any part of our site in breach of these Terms your right to use the Site will cease immediately and you must, at ESS’s option, return or destroy any copies of the materials you have made.
5. Use of the site
5.1 You agree to use the Site in accordance with all applicable laws and regulations relevant to the jurisdiction from which you access the Site. You will not use the Site in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity.
5.2 You must not:
5.2.1 use the Site in a manner that infringes the rights of another person, firm or company (including, without limitation, intellectual property rights or confidentiality);
5.2.2 misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
5.2.3 attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site;
5.2.4 attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. ESS will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such breach, your right to use the Site will cease immediately.
5.3 You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
5.4 You agree to fully reimburse ESS in respect of all losses, costs, actions, claims, and liabilities incurred by ESS as a result of any breach or non-observance by you of these Terms or any data submitted by you to ESS.
6 Disclaimer and limitations on liability
6.1 ESS does not guarantee that the Site, or any content on it, will always be available or uninterrupted and accepts no liability in this regard. ESS reserves the right to change the information at any time without notice.
6.2 All materials contained in or available through the Site are provided "as is" and without warranty of any kind to the extent allowed by the applicable law. No representation or warranty is given as regards to the content's accuracy, completeness or fitness for any particular purpose or use or any site linked to it. ESS does not warrant:
6.2.1 that the Site is free of errors and/or that its content is up to date;
6.2.2 any results derived from the use of any material available on the Site;
6.2.3 that the Site is free of viruses, worms, trojan horses and similar destructive devices and you should take appropriate steps in respect of this risk.
6.3 The information contained in the Site does not extend or modify the warranty that may apply to you as a result of a contractual relationship with ESS.
6.4 Save to the extent that such limitation is not permitted under English law neither ESS nor its employees shall be liable for any loss, damage or expense including, without limitation, any loss of profit, business interruption, loss of business opportunity, loss of data, goodwill or reputation or indirect or consequential loss or damage arising in contract, tort (including negligence) or otherwise out of:
6.4.1 any reliance on information contained in the Site or any linked site;
6.4.2 access to or use of or inability to use the Site or any site linked to it; or
6.4.3 destructive devices (including viruses).
7. Links to third party sites
7.1 At various points throughout the Site you may be offered automatic links to other internet sites. This does not indicate that ESS is necessarily associated with any of these other sites or their owners nor does it imply any endorsement of the material contained in such websites or any association with their operators. Neither ESS nor its employees shall have any responsibility or liability of any nature for these other sites or information contained in them.
8. Rules about linking to the Site
8.1 You may link to the home page of the Site, provided that:
8.1.1 you do so in a way that is fair and legal and does not damage ESS’s reputation or take advantage of it;
8.1.2 you must not establish a link to the Site in such a way as to suggest any form of association, approval or endorsement on ESS’s part where none exists;
8.1.3 you must not establish a link to our site in any website that is not owned by you; and
8.1.4 the Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page.
8.2 ESS reserves the right to withdraw linking permission without notice.
9. Social Media
9.1 By using and interacting with ESS on its social media channels, you are deemed to agree to comply with this clause.
9.2 ESS is not responsible for, nor confirms the accuracy of, any comments or material posted by users of its social media channels. Such comments and material are not a reflection or indication of the opinions or values of ESS.
9.3 ESS reserves the right to remove comments that:
9.3.1 defame, abuse, threaten, harass, stalk or otherwise violate the legal rights of others;
9.3.2 are racist, sexist, homophobic, sexually explicit, abusive or otherwise objectionable;
9.3.4 contain swear words or other language likely to offend;
9.3.5 may break the law or condone or encourage unlawful activity;
9.3.6 advertise products or services for profit;
9.3.7 are made to appear as if they have been posted by someone else; and
9.3.8 are considered spam, including repeated posting of the same message, or post that are unrelated to ESS.
9.4 ESS reserves the right to block any individual who violates clause 9.3.
10.1 If any provision or part provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms.
11.1 ESS reserves the right to change these Terms at any time and without notice.
You will be automatically bound by these modifications when you use the Site and should periodically read the Terms.
12. Governing law and jurisdiction
12.1 These Terms shall be governed by and construed in accordance with English Law and each party to these Terms submits to the exclusive jurisdiction of the courts of England
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