Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

 


Changes to these terms OF USE

1. 1. TERMS OF WEBSITE USE ("TERMS OF USE")
1.1. These Terms of Use (together with the documents referred to in them) set out the terms of use on which you may make use of our website www.bettergovernor.co.uk"Website") whether as a guest or a subscribed user. Use of the Website includes accessing, browsing, or registering to use the Website.
1.2. Please read these Terms of Use carefully before you start to use the Website, as these will apply to your use of the Website. We recommend that you print a copy of this for future reference.
1.3. These Terms of Use will also apply to the use of any and all mobile applications, whether existing now or in the future, which we provide to you for download via the Website (each, an "Application").
1.4. By using the Website, you confirm that you accept these Terms of Use and that you agree to comply with them.
1.5. If you do not agree to these Terms of Use, you must not use the Website.
1.6. Please note that where you have purchased a Subscription through the Website, these Terms of Use will survive termination of your Subscription.
1.7. The following definitions apply to these Terms of Use:
1.7.1 "Account" means the user account provided as part of a Subscription to the Website;
1.7.2 "Materials" means content available on the Website and any other electronic materials, Applications and courses which may be made available under Subscription from time to time; and
1.7.3 "Subscription" means the premium subscription service which we may make available to you through the via the Website, in accordance with, and subject to acceptance of, the Subscription Service Terms.
2. OTHER APPLICABLE TERMS
2.1. These Terms of Use refer to the following additional terms, which also apply to your use of the Website:
2.1.1 our privacy policy http://www.babcock-education.co.uk/4S/content.asp?did=437 (the "Privacy Policy"), which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.
2.1.2 our acceptable use policy http://www.babcock-education.co.uk/4S/content.asp?did=10430 (the "Acceptable Use Statement"), which sets out the permitted uses and prohibited uses of the Website. When using the Website, you must comply with this Acceptable Use Policy.
2.1.3 our Applications end user licence agreement ("Applications EULA") which sets out the licence terms under which we provide Applications to you via the Website.
2.2. If you purchase a Subscription or any other Materials from the Website, our Subscription service terms http://www.bettergovernor.co.uk/subscription-service-terms (the "Subscription Service Terms") will apply.
3. INFORMATION ABOUT US
www.bettergovernor.co.uk is a site operated by Babcock 4S Limited ("Us","We" or "Our" as the context requires). We are registered in England and Wales under company number 04889149 and have our registered office at 33 Wigmore Street, London, W1U 1QX. Our VAT number is GB209751990.
3.1. We may revise these Terms of Use at any time by amending this page.
3.2. Please check this page from time to time to take notice of any changes we make, as they are binding on you.
Changes to the Website We may update the Website from time to time, and may change the content at any time. However, please note that any of the content on the Website may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that the Website, or any content on it, will be free from errors or omissions.
4. ACCESSING THE WEBSITE
4.1. We do not guarantee that the Website, or any content on it will always be available or uninterrupted.
4.2. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
4.3. You are responsible for making all arrangements necessary for you to have access to the Website
4.4. You are responsible for ensuring that all persons who access the Website through your internet connection and/or Subscription are aware of these Terms of Use, the Subscription Service Terms and other applicable terms and conditions and that they comply with them.
4.5. The Website is directed to people residing in the United Kingdom. We do not represent that content available on or through the Website is appropriate or available in other locations. We may limit the availability of the Website or any service or product described on the Website to any person or geographic area at any time. If you choose to access the Website from outside the United Kingdom, you do so at your own risk.
5. YOUR ACCOUNT AND PASSWORD
We only use your personal information in accordance with our Website Terms of Use, the Data Protection Act 1988
5.1. If you choose to subscribe to the Website and you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
5.2. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
5.3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using the contact details provided at clause 18 of these Terms of Use.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
6.2. You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others within your organisation to content posted on the Website.
6.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
6.4. Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.
6.5. You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
6.6. If you print off, copy or download any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
7. DATA PROTECTION
7.1.  
7.2. Within this clause 8, "Data Protection Directive" means the Data Protection Act 1998 as implemented under the Directive 95/46/EC, and "Data Controller", "Data Processor", "Data Subject", "Personal Data" and "Processing" shall have the same meanings as in the Data Protection Directive and "Processed" and "Process" shall be construed in accordance with the definition of "Processing".
7.3. By registering your Personal Data upon registration of your user identification code and by accepting these Terms of Use, you are agreeing to us processing your Personal Data in accordance with the Data Protection Directive.
7.4. Where Personal Data is Processed in connection with these Terms of Use, we shall, and shall procure our agents, sub contractors and employees to:
7.4.1 only Process the Personal Data in accordance with your instructions (which may be specific instructions or instructions of a general nature as set out in these Terms of Use or as you otherwise notify us from time to time);
7.4.2 not otherwise modify, amend or alter the contents of the Personal Data or disclose or permit the disclosure of any of the Personal Data to any third party unless specifically authorised to do so in writing by you;
7.4.3 implement and ensure that our agents, sub contractors and employees implement appropriate technical and organisational measures to protect Personal Data against unauthorised or unlawful Processing and against accidental loss, destruction, damage, alteration or disclosure. These measures shall be appropriate to the harm which might result from unauthorised or unlawful Processing or accidental loss, destruction or damage to Personal Data and to the nature of the Personal Data which is to be protected;
7.4.4 keep all Personal Data and any analyses, profiles or documents derived therefrom separate from all other data and documentation received from you;
7.4.5 Process the Personal Data in accordance with the Data Protection Directive (as applicable) and not do or permit anything to be done which might cause you to be in breach of the Data Protection Directive;
7.4.6 cooperate as requested by you to enable you to comply with any exercise of rights as a Data Subject under the Data Protection Directive in respect of Personal Data processed by us under these Terms of Use or comply with any assessment, enquiry, notice or investigation under the Data Protection Directive which shall include the provision of all data requested by you within any reasonable timescale specified by you;
7.4.7 not process the Personal Data in any country outside the European Economic Area without your prior written consent; and
7.4.8 cease Processing the Personal Data immediately upon the termination or expiry of these Terms of Use, and as soon as possible thereafter delete from our systems, the Personal Data and any copies of it or of the information we contain.
8. NO RELIANCE ON INFORMATION
The Website will guide you through the steps you need to take to order the Chargeable Subscription Services. On purchasing the Chargeable Subscription Services, you will be deemed to have accepted these Subscription Service Terms which will apply automatically on acceptance of them. If we are unable to supply you with any Chargeable Subscription Service, for example due to a technical error or because of an error in the price on the Website, we will inform you of this by email and we will not process your order. If you have already paid for the Chargeable Subscription Service, we will refund you the full amount as soon as possible.
8.1. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.
8.2. Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.
9. LIMITATION OF OUR LIABILITY
9.1. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
9.2. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
9.2.1 your use of, or inability to use, the Website; or
9.2.2 your use of or reliance on any content displayed on the Website.
9.3. If you are an educational institution or other business user, please note that in particular, we will not be liable for:
9.3.1 loss of profits or revenue;
9.3.2 business interruption;
9.3.3 loss of anticipated savings;
9.3.4 loss of opportunity, goodwill or reputation; or
9.3.5 any indirect or consequential loss or damage.
9.4. If you are an individual consumer user, please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.5. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.
9.6. We assume no responsibility for the content of websites linked on the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
9.7. Different limitations and exclusions of liability will apply to liability arising as a result of any Subscription provided to you, are set out in the Subscription Service Terms.
9.8. NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH LAW.
10. UPLOADING CONTENT TO THE WEBSITE
Subject to clause 8 and 9.4, you expressly accept and agree that you have immediate access to the Chargeable Subscription Services, which means that you do not have any right of cancellation for any Chargeable Subscription Service because they are delivered immediately to you.
10.1. Whenever you make use of a feature that allows you to upload content to the Website, or to make contact with other users of the Website, you must comply with the content standards set out in the Acceptable Use Policy
10.2. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
10.3. Any content you upload to the Website will be considered non-confidential and non-proprietary. You agree that in uploading content to the Website you grant us and other users of the Website a licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license are described in clause 12 of these Terms of Use.
10.4. We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy
10.5. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Website. You agree to indemnify, keep indemnified and hold us harmless in respect of all claims, demands, actions, proceedings, losses, damages, costs and expenses (including all legal fees reasonably incurred by us) in relation to any infringement or alleged infringement of any third party intellectual property rights suffered by us as a result of any content you have uploaded to the Website.
10.6. We have the right to remove any posting you make on the Website if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
10.7. The views expressed by other users on the Website do not represent our views or values.
10.8. You are solely responsible for securing and backing up your content.
11. RIGHTS YOU LICENCE
11.1. When you upload or post content to the Website, you grant the following licenses:
11.1.1 a royalty-free, perpetual, non-exclusive licence granted to us, to use, store and copy the content you upload to the Website ("Your Content") and to make Your Content available for use and re-use by third parties. The licence includes the right for us to:
a) copy Your Content for backup purposes;
b) merge the whole or any part of Your Content with any other content on the Website; and
c) allow any third party (including any other users of the Website) to view, download and print Your Content and to use Your Content in accordance with these Terms of Use and the Acceptable Use Policy; and
11.1.2 a royalty-free, perpetual, non-exclusive licence for third parties (including any other users of the Website) to view, download, print, store and copy Your Content and to use and re-use Your Content for personal, non-commercial use.
12. VIRUSES
12.1. We do not guarantee that the Website will be secure or free from bugs or viruses.
12.2. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
12.3. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website 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. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
13. LINKING TO THE WEBSITE
13.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
13.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
13.3. You must not establish a link to the Website in any website that is not owned by you.
13.4. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page.
13.5. We reserve the right to withdraw linking permission without notice.
13.6. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
14. THIRD PARTY LINKS AND RESOURCES IN THE WEBSITE
14.1. Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
14.2. We assume no responsibility for the content of websites linked on the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
15. APPLICABLE LAW
These Terms of Use are governed by English law and you agree that the courts of England and Wales will have non-exclusive jurisdiction over any disputes or claims arising from these Terms of Use.
16. TRADE MARKS
"Babcock 4S" and "Better Governor" are UK registered trade marks of Babcock 4S Limited.
17. CONTACT US
To contact us, please email CustomerCare@babcockinternational.com
Telephone number 01372 834444
Thank you for visiting the Website.
18. OFFERS AND INFORMATION
Where you have registered on the Website and /or have purchased a Subscription, we will from time to time send you offers and information on additional services and Materials which we provide. Should you not wish to receive such information you may 'opt out' of such communications in your user account settings.