www.i-Progress.co.uk (‘i-Progress’)
Site Terms & Conditions of Use
BY ACCESSING THIS SITE YOU ACCEPT AND SHALL BE BOUND BY THE CURRENT TERMS AND CONDITIONS OF USE WHICH MAY BE UPDATED FROM TIME TO TIME.
If you are acting as a consumer nothing in these Terms and Conditions affects your statutory rights.
DEFINITIONS
In this contract, the following words and phrases shall have the following meanings:
"Access" means the authority and ability to access the Site via Usernames and Passwords.
"Content" means content or information in any format, which is published or transmitted via the Site.
"Equipment" means equipment and software, which enables access to the Internet and viewing of the Site.
"Password" means the confidential access code which will be used in conjunction with the associated Username to facilitate Access to the Site which may be changed by Rising Stars at will, for example, in the case of suspected misuse.
"Site" means the on-line website for teachers known as ‘i-Progress’ and currently located at www.i-Progress.co.uk and published by Rising Stars under licence.
"You" means any person using the Site.
"Registered Establishment" The school, college or other institution which is the Subscriber's and or User(s)'s place of work, and which is the limit of the licence contained within these Terms and Conditions.
"Subscriber" is any body or person(s) ('The Registered Establishment') whose application to purchase Accepted by Rising Stars and is therefore entitled to receive the Subscription Services
"Subscription Services" means the provision to Subscribers and users authorised by them with Access to the Site and all associated services.
"Third Party Content " means content or information on or linked from the Site originating from or owned by third parties.
"User" means any person(s) Accessing the Site with a Username and Password (eg a teacher).
"Username" means a Unique sign-in name which will be used in conjunction with the associated Password.
1. PUBLICATION OF THE SITE AND PROVISION OF ACCESS
1.1 The Site is published by RISING STARS UK LTD.
1.2 Username/Password combinations are unique and confidential to the User and are not to be transferred or disclosed.
1.3 The Subscriber must notify Rising Stars of any loss or disclosure of Usernames/Passwords immediately. Any unauthorised use of a Username/Password or access to the site by any persons other than an authorised User(s) will render that person and/or the relevant User(s) and/or Subscriber liable to pay the relevant Subscription Fees.
1.4 Rising Stars reserve the right to suspend access to the Site or cancel a Free Trial or Subscription at any time. Should the User or Subscriber contravene these Terms and Conditions or fail to pay the Subscription Fees due by the date advised access to the Site will be suspended or cancelled.
1.5 While Rising Stars endeavours to ensure that the Site is normally available 24 hours a day, Rising Stars will not be liable if for any reason the Site or any part of it is unavailable at any time or for any period.
1.6 Access to the Site or any part of it may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Rising Stars' control.
2. COPYRIGHT TRADE MARKS AND PERMITTED USE
2.1 All rights, including any copyright and database right, in this Site and its Content, are owned by Alta Systems Ltd and are published by Rising Stars UK Ltd under licence.
2.2 In accessing this Site, you agree that you will access the contents solely for your own use or for use within the Registered Establishment as an educational resource. You can use the service on any computer within the Registered Establishment. Where permitted through a separate agreement teachers employed to work in the Registered Establishment or pupils attending the Registered establishment may access the service from remote computers. For information on home access please visit www.i-progress.co.uk or call 0800 091 1602.
2.3 Except as permitted above, you undertake not to copy, store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, link to, or show in public any part of this Site without the prior written permission of Rising Stars UK Ltd.
2.4 The names, images and logos identifying i-Progress or Rising Stars are proprietary marks of Rising Stars UK Ltd.
3. PRIVACY POLICY AND THE USE OF DATA
We are committed to protecting your personal information and will keep the information you entrust to us safely and securely. Please see our Privacy Policy for full details.
4. WARRANTIES, INDEMNITIES, LIMITATION AND EXCLUSION OF LIABILITY
4.1 While Rising Stars endeavours to ensure that the information on the Site is correct, Rising Stars does not warrant the accuracy and completeness of the material on the Site. Rising Stars may make changes to the material on the Site at any time without notice.
4.2 The material on the Site is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Rising Stars provides you with the Site on the basis that they exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this provision might have effect in relation to the Site.
4.3 Rising Stars does not warrant that the functions contained in the material contained in the Site will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials.
4.4 The Site may contain links to third party sites unconnected with Rising Stars. Rising Stars is not responsible for and has no liability in relation to any Third Party Content, nor does it endorse any third party site in any way.
4.5 Rising Stars excludes all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Site in any way or in connection with the use, inability to use or the results of use of the Site, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Site or your downloading of any material from the Site.
4.6 Nothing in this agreement shall seek to limit or exclude Rising Stars' liability for death or personal injury caused by the negligence of Rising Stars, or for fraudulent misrepresentation.
4.7 You shall indemnify Rising Stars against all costs claims demands or expenses incurred by or made against Rising Stars as a result of any breach by you of these terms and conditions.
5. APPLICABLE LAW
These terms and conditions shall be construed in accordance with the Laws of England and shall be subject to the exclusive jurisdiction of the English courts.
6. VARIATIONS
Rising Stars may vary or amend these terms and conditions at any time and your continued use of the Site thereafter amounts to acceptance of the current terms and conditions.
7. WAIVER
Failure or delay by Rising Stars to exercise any of their rights shall not constitute or be deemed to be a waiver hereunder nor prejudice their rights to take subsequent action.
8. HEADINGS
The headings in these terms and conditions are inserted for convenience only and are not intended to be part of or to affect the meaning or interpretation of these terms and conditions.
9. SEVERABILITY
The invalidity or unenforceability for any reason of any of these terms and conditions shall not prejudice the continuation in force of the remainder thereof.
October 2009