TERMS & CONDITIONS
This agreement applies as between you, the User of this Web Site and Annie Penny the owner of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.
1: Definitions and Interpretation In this Agreement the following terms shall have the following meanings:
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Learning Establishment”means any provider of education to persons of any age including, but not limited to, schools, colleges, universities and professional / adult education providers;
“Name” means Annie Penny
“Service” means collectively any online facilities, tools, services or information that Annie Penny makes available through the Web Site either now or in the future;
“System” means any online communications infrastructure that Annie Penny makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links.
“User” / “Users”means any third party that accesses the Web Site and is not employed by Annie Penny and acting in the course of their employment; and
“Web Site” means the website that you are currently using www.anniepenny.co.uk and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2 : Intellectual Property
2.1 : Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Annie Penny or our affiliates. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
2.2: You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Web Site for as specified in Clause 4 of these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Web Site or unless given express written permission to do so by Annie Penny. Specifically you agree that: You will not use the Content of the Web Site for commercial purposes;
----2.2.2 You will not systematically copy Content from the Web Site with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Annie Penny.
----2.2.3 You may, as a student of a recognised Learning Establishment, use the Content of the Web Site for educational purposes provided an appropriate reference is given for all Content so applied using a suitable referencing system of your choice or as stipulated by your Learning Establishment;
----2.2.4 Employees of Learning Establishments may use the Content of the Website for teaching purposes subject to the following conditions:
a) No further consent is required for use in not-for-profit Learning Establishments. This may include, but is not limited to, schools that charge no fees for tuition; and
b) For use in profit-making Learning Establishments, prior written consent is required. This may include, but is not limited to, private schools charging fees, universities and adult education providers.
3: Third Party Intellectual Property
Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Web Site. The exceptions in Clause 4 continue to apply. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.
4: Fair Use of Intellectual Property:
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
5: Links to Other Web Sites:
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Annie Penny or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them
6: Links to this Web Site:
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site http://www.anniepenny.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Annie Penny. To find out more please contact us by email at firstname.lastname@example.org or by phone +44 7770852856
7: Use of Communications Facilities
7.1 When using the Forum/ Chat or similar and / or any other System on the Web Site you should do so in accordance with the following rules:
---- 7.1.1 You must not use obscene or vulgar language;
---- 7.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
---- 7.1.3 No Content that is intended to promote or incite violence;
---- 7.1.4 It is advised that posts on Forum/ Chat or similar and communications with Annie Penny are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
---- 7.1.5 You must not post links to other web sites containing any of the above types of Content;
---- 7.1.7 You must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
---- 7.1.8 You must not impersonate other people, particularly employees and representatives of Annie Penny or our affiliates; and
---- 7.1.9 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
7.2 You acknowledge that Annie Penny reserves the right to monitor any and all communications made to us or using our System.
7.3 In order to use the Forum/ Chat or similar and any other communication facility that may be added in the future on this Web Site, you are required to submit certain personal details. By continuing to use this Web Site you represent and warrant that:
---- 7.3.1 Any information you submit is accurate and truthful; and
---- 7.3.2 You will keep this information accurate and up-to-date.
8: Privacy Use:
---- 9.1 Annie Penny makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
---- 9.2 Whilst every reasonable endeavour has been made to ensure that all information provided on this Web Site will be accurate and up to date, Annie Penny makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
---- 9.3 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
---- 9.4 The information on this Web Site is not designed with commercial purposes in mind. Commercial use of the Content of this Web Site is forbidden under Clause 2.2.1 of these Terms and Conditions. Any such use constitutes a breach of these Terms and Conditions and Annie Penny makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
---- 9.5 Whilst every effort has been made to ensure that all descriptions of services available from Annie Penny correspond to the actual services available, Annie Penny is not responsible for any variations from these descriptions.
10: Availability of the Web Site:
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Annie Penny accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
11: Limitation of Liability:
---- 11.1 To the maximum extent permitted by law, Annie Penny accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
---- 11.2 Nothing in these terms and conditions excludes or restricts Annie Penny liability for death or personal injury resulting from any negligence or fraud on the part of Annie Penny.
---- 11.3 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
12: Law and Jurisdiction:
These terms and conditions and the relationship between you and Annie Penny shall be governed by and construed in accordance with the Law of England and Wales and Annie Penny and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.