Terms & Conditions - OCN London

This Website is owned by The Open College Network London Region (OCN London) and is protected by both copyright and database rights. Your use of the Website is subject to the following terms and conditions (“the Conditions”) and to the terms of the Privacy Policy. Your continued use of the Website indicates your acceptance of these Conditions. If you have any queries or concerns please contact OCN London, 15 Angel Gate, City Road, London EC1V 2SF. We reserve the right to make changes to this Website at any time without notice and it is your responsibility to re-visit this page from time to time to ensure that you comply with these Conditions.

1. Definitions

“Intellectual Property Rights” means copyright, patents, design rights, trade marks (whether registered or not), database rights, trade or business names and any other similar rights existing in any part of the world;

“Materials” means the content of the Website including but not limited to the text, graphics, data, documents and any other information displayed;

“Privacy Policy” means the OCN London Privacy Policy contained within the Website;

“Website” means the website www.ocnlondon.org.uk together with any other website that we integrate into it;

“We/us” means OCN London, 15 Angel Gate, City Road, London, EC1V 2SF;

“You” means the company, firm, association or individual who makes use of, or accesses the Website under these Conditions;

“Your Information” means any information provided by you or disclosed by you in any secure area of the Website.

2. Content

2.1. The Intellectual Property Rights contained within the Materials are owned solely by us unless otherwise stated.

2.2. You do not have any right to use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Materials to any other party or make the same available in hard copy or on any other medium without our prior written consent.

2.3. You are permitted to print or download extracts of the Materials for your own personal use and research. None of the Materials may be used for any commercial or public use.

3. Your Obligations

3.1. You agree that the Website is provided solely for your own use and you will not without our written permission transfer or sell or attempt to transfer or sell your access or use of the Website to any third party.

3.2. You will not use the Website:-

3.2.1. for fraudulent or unlawful purposes or in connection with or for the purposes of committing a criminal offence;

3.2.2. To create a false identity;

3.2.3. To infringe any third party’s Intellectual Property Rights or rights of publicity or privacy;

3.2.4. To violate a law, statute, ordinance, regulation or license applicable to you;

3.2.5. For defamatory, libellous or unlawfully threatening or harassment purposes;

3.2.6. for obscene or pornographic purposes.

4. Our Obligations

4.1. We will use our reasonable endeavours to provide the Website with reasonable skill and of a competent provider of services over the Internet. However we do not guarantee that the Website will be error-free or fault-free. If you notice that there is an error affecting your access to or use of the Website, You should report it to us immediately and we will correct it as soon as possible.

4.2. We reserve the right to alter the technical specifications of the Website or suspend the provision of the Website for operational reasons including but not limited to maintenance, repair, and improvements or because of an emergency. We will take all reasonable steps to ensure that the Website is restored to full working order as soon as possible.

4.3. We will take all reasonable steps to ensure that the Website is free from any viruses, but we recommend that you use your own virus protection software.

4.4. We do not warrant that the Website is compatible with your browser or computer configuration.

5. Links

5.1. The Website may contain links that allow you to visit other websites operated by third parties. You acknowledge and agree that we have no control over any such websites and are not responsible for the protection and privacy of any information which you may provide within those websites, or for their availability or content.

6. Termination

6.1. We reserve the right to immediately terminate your license to use or access to the Website in the event that:

6.1.1. You breach any of these Conditions or any of the other terms and conditions contained on this Website;

6.1.2. If we cannot verify or authenticate Your Information;

6.1.3. If we believe your actions may cause legal liability for you, us or other users of the Website.

7. Limitation of Liability

7.1. We accept liability for death and personal injury resulting from our negligence and nothing in these Conditions shall apply to limit or exclude such liability.

7.2. We are not liable to you either in contract, tort (including negligence) or otherwise for direct or indirect loss of profits, business or anticipated savings or for any indirect or consequential loss or damage or for any destruction of data however such loss may be suffered.

7.3. Our liability to you, either in contract, tort (including negligence) or otherwise in relation to or arising out of these Conditions is limited to £1,000 for any one incident or series of related incidents.

7.4. If we are unable to perform any obligation under these Conditions because of a matter beyond our reasonable control such as lighting, flood, fire, explosion, war, terrorist activity, industrial disputes (whether or not involving our employees) or other events beyond the reasonable control of our suppliers, we will have no liability for that failure to perform.

7.5. Each provision of these Conditions in clause 7 operates separately. If any provision or part provision is held by a court to be unreasonable or inapplicable the other parts shall continue to apply.

8. Indemnity

8.1. You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand including all reasonable lawyer’s fees made by any third party to or arising out of your breach of any terms of these Conditions or your violation of any law or the right of a third party.

9. Law

9.1. These Conditions shall be governed by and construed in accordance with the laws of England and Wales and each of the parties submits to the exclusive jurisdiction of the courts of England and Wales.

10. General

10.1 The headings to these Conditions are for convenience only and shall not affect their construction.

10.2 Where the context so admits reference in these Conditions to one gender shall include each other gender and words denoting the singular shall include the plural and vice-versa.

10.3 References to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.

10.4 Failure or delay by us in enforcing or partially enforcing any provision of these Conditions shall not be construed as a waiver of any of its rights under these Conditions or the Contract. No waiver of any of these Conditions by either party shall be deemed to be a further or continuing waiver of any subsequent breach of that term or condition or any other term or condition.

10.5 A person who is not party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract or these Conditions.