WINDSOR CME ACADEMY LTD

1. INTRODUCTION
This document (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.windsorcme.com ("the Site"), whether as a guest or a registered user.

Please read these terms of use carefully before you start to use the site. By using the Site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the Site.

If you register with our website, whether as an individual or organisation, we will ask you to give your express consent to these terms and conditions.

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Site.

The Site is operated by Windsor CME Academy Ltd ("us, "we"). We are registered in England and Wales under company number 07761798 and have our registered office at 6 Siskin Gate, Bracknell, Berks SL4 3ED. Our VAT number is 120257458

2. INTERPRETATION
In these terms and conditions:

(a) "we" means (and "us" and "our" refer to) Windsor CME Academy Ltd; and

(b) "you" means (and "your" refers to) the individual user of our website and, in addition, where our website is used on behalf of an organisation, that organisation.

3. ACCESSING THE SITE
Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice (see below). We will not be liable if for any reason the Site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Site, or our entire site, to users who have registered with us.
If you choose, or 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, and you must not disclose it to any third party. 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 opinion you have failed to comply with any of the provisions of these terms of use.
You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them.

4. INTELLECTUAL PROPERTY RIGHTS
We are or our licensors are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may view, download for caching purposes only, view streamed audio-visual content on the website, and print off one copy, and may download extracts, of any page(s) from the Site for your personal reference and you may draw the attention of others within your organisation to material posted on the Site.
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.
Our status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged.
You must not use any part of the materials on the Site for commercial purposes without obtaining a licence to do so from us or our licensors.

Save where you own or control the relevant rights, you must not without our express written permission:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose; or
(e) redistribute material from this website.

You may re-publish our RSS feed content on a website, providing that you include the standard credit referring to us and a link to our website, and providing that the website on which the RSS feed content is published does not display any other content that would, if it was published on our website by a user, breach the provisions of Section 5 below. You agree that if we give you written notice to terminate or suspend the right to re-publish our RSS feed content, you will immediately cease to re-publish such content. We may give such notice with or without cause or explanation.

We may from time to time make available on our website items that you can embed on your own website, such as gadgets, banners, logos and badges. You must ensure that any website on which an embedded item is published does not display any other content that would, if it was published on our website by a user, breach the provisions of Section 6 below. You must include with the embedded item a prominent hyperlink to our website. Where we specify the form of the hyperlink, the hyperlink must be in the form we specify. You must not modify, create derivative works using, or otherwise misuse any embedded item.

If you print off, copy or download any part of the Site in breach of these terms of use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

5. USER CONTENT
In these terms and conditions, "your content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose. Your content includes, without limitation, material submitted to the website as part of an individual or organisation profile, resources and project material, other contributions, and private messages.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your content on our website and in any other existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Whenever you make use of a feature that allows you to upload content to the Site, or to make contact with other users of the Site, you warrant that any such contribution comply with the standards set out in our Acceptable Use Policy and you indemnify us for any breach of that warranty.
Any material you upload to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose.

To the maximum extent permitted by applicable law, you agree that all your content (but excluding any tools, presentations, articles and/or books that are published on our website as part of your content) can be copied, distributed or displayed.

Your content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

Your content (and its publication on our website) must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy, or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; or
(p) constitute spam.

You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.
You must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Your content must be appropriate for our website: our website is an information sharing resource; it is not a campaigning platform or a forum for conducting acrimonious disputes.
Your content must be civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.
Your content must not be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory.
Your content should not cause annoyance, inconvenience or needless anxiety.
Do not flame or conduct flame wars on our website ("flaming" is the sending hostile messages intended to insult, in particular where the message is directed at a particular person or group of people).
Do not troll on our website ("trolling" is the practice of deliberately upsetting or offending other users).
You must not flood our website with content focusing upon one particular subject or subject area, whether alone or in co-ordination with other users.
Your content must not duplicate existing content on our website.
You must submit content to the appropriate part of the website.
Do not unnecessarily submit textual content in CAPITAL LETTERS.
You should use appropriate and informative titles for all your content.

We have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site.
Notwithstanding our rights under these terms and conditions in relation to your content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
We have the right to remove any material or posting you make on the Site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.
If you become aware of any material on our website that violates these terms and conditions, you should report such material to us using the "Contact Us" facility on the website.

6. ACCEPTABLE USE
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not misuse the Site 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 Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.
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 Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.

7. RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.
We aim to update the Site regularly, and may change the content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

8. LIABILITIES AND WARRANTIES
The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy.
You acknowledge that much of the information published on this website is submitted by users, and that we do not review, approve or edit all such information.
You further acknowledge that we do not verify the identity or bona fides of any website user, whether registered or unregistered.
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website services or the website remain available or that the material on the website is kept up-to-date.
To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
(a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity, and
(b) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for
(c) loss of income or revenue;
(d) loss of business;
(e) loss of profits or contracts;
(f) loss of anticipated savings;
(g) loss of data;
(h) loss of goodwill;
(i) wasted management or office time;
(j) and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

Nothing on the website should be construed as legal, financial, investment, taxation or other other professional advice. If you a require any such advice, you should consult an appropriately qualified professional.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

9. LIMITATION AND EXCLUSIONS OF LIABILITY
Nothing in these terms and conditions will:
(i) limit or exclude our or your liability for death or personal injury resulting from negligence;
(ii) limit or exclude our or your liability for fraud or fraudulent misrepresentation;
(iii) limit any of our or your liabilities in any way that is not permitted under applicable law; or
(iv) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions:
(i) are subject to the preceding paragraph; and
(ii) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
We will not be liable to you in respect of any losses arising out of user content published on our website.
You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.

You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our website.
You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.

10. INDEMNITY
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

11. INFORMATION ABOUT YOU
We process information about you in accordance with our Privacy Policy. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

12. TRANSACTIONS CONCLUDED THROUGH THE SITE
Contracts for the supply of goods, information or services formed through the Site or as a result of visits made by you are governed by our Terms and Conditions.

13. LINKING TO AND FROM THE SITE
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, but 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.
You must not establish a link from any website that is not owned by you.
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. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to make any use of material on the Site other than that set out above, please address your request via the Contact Us form on the Site.
Where the Site 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, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

14. THIRD PARTY WEBSITES
Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

15. TRADE MARKS
Windsor CME Academy Ltd and our logo are trademarks belonging to us. We give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
The other registered and unregistered trademarks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

16. VARIATION
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. By continuing to use our website after the publication of the revised terms and conditions, you agree to those revised terms and conditions.

17. ASSIGNMENT
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

18. SEVERABILITY
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

19. EXCLUSION OF THIRD PARTY RIGHTS
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.

20. ENTIRE AGREEMENT
These terms and conditions constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

21. TERMINATION
We may, at any time and for any reason, terminate these Terms with you and deny you access to the Site. In the event of termination of these Terms for any reason, you must not attempt to use the Site.

In the event of termination, sections 1 to 20 of these Terms shall remain valid and enforceable against you.

We prohibit the use of the Site for any unlawful purpose. In addition to this, you agree not to use, nor allow any person under your control to use, the Site for the following purposes:

• making use of the Site and/or the materials in a way which infringes the intellectual property rights of any other party; or
• posting materials which are not your own work (in whole or in part) without having the consent of the original author; or
• posting any incomplete, false or inaccurate information; or
• posting any information which is subject to confidentiality provisions (implied or express); or
• posting any information which, in our reasonable opinion, we consider to be defamatory, offensive, obscene, threatening, racist, sexist or discriminatory; or
• deleting, amending or in any way altering any material which has not been posted by you.

In the event that we consider that you are making any illegal and/or unauthorised use of the Site and/or your use of the Site is in breach of these Terms, we reserve the right to take any action that we deem fit, including terminating your use of the Site without notice and with immediate effect and, in the case of illegality, instigating criminal proceedings.

22. COMPLAINTS
If you feel that any material appearing on the Site is offensive, objectionable or potentially defamatory please contact us using our contact page providing full details of the nature of your complaint and the materials to which the complaint relates.

23. GOVERNING LAW
These Terms shall be governed by and construed in accordance with laws of England and Wales. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. By accepting these Terms you submit to the non-exclusive jurisdiction of the English courts.