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Terms of use

LAST UPDATED: MARCH 2015

www.hamiltoneducation.org.uk  ('Website')

Welcome to Hamilton Education's Website

1. We are Hamilton Education Limited ('Hamilton Education', 'Company', 'we' and 'us') and we own and operate this Website. The Company is a Private Limited Company (Limited by Guarantee) registered in England and Wales under registered number 03435012 having its registered and trading addresses at 1A Howard St, Oxford, OX4 3AY. Click here for more information about the Company.

2. Your use of the Website is subject to these Terms of Use. By using the Website you will be deemed to have accepted and agreed to be bound by these Terms of Use.

3. We may make changes to these Terms of Use from time to time. We may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Use on the Website. You can determine when we last changed these Terms of Use by referring to the 'LAST UPDATED' statement above. Your use of the Website following changes to these Terms of Use will constitute your acceptance of those changes. If you do not accept these Terms of Use please DO NOT continue to use the Website.

4. You are responsible for all access to the Website using your internet connection, even if the access is by another person.

5. We reserve the right to restrict your access to the Website or part of it. Access to restricted areas of the Website may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of these Terms of Use, the Terms & Conditions of Sale or the Privacy Policy).

6. We will use reasonable efforts to ensure that the Website is available at all times. However, we cannot guarantee that the Website or any individual function or feature of the Website will always be available and/or error free. In particular, the Website may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the Website.

7. The intellectual property rights in the Website and all of the text, pictures, videos and other content made available on it are owned by us and our licensors. You may not print or otherwise make copies of any such content without our express prior permission save that you may print or download extracts of material on the Website for your personal use.

8. We provide the Website on an 'as is' basis and make no guarantees, conditions, warranties or representations as to the quality, completeness or accuracy of any content made available on the Website. To the maximum extent permitted by law, we expressly exclude:

8.1         all conditions, warranties and other terms that might otherwise be implied by statute, common law or the law of equity into these Terms of Use; and

8.2          any and all liability to you, whether arising under these Terms of Use or otherwise in connection with your use and/or inability to use the Website.

The foregoing is a comprehensive limitation of liability that applies to all loss or damages of any kind, including (without limitation) compensatory, direct, indirect or consequential loss or damages; loss of data, income, revenue or profit; loss of business, contracts or goodwill; loss of anticipated savings; loss of or damage to property; claims of third parties; wasted management or office time; and for any other loss of damage of any kind, however arising and whether caused in tort (including negligence), breach of contract or otherwise, even if foreseeable. Notwithstanding the foregoing, nothing in these Terms of Use is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under statutory rights which may not be excluded under applicable local law, nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

9. Your permission to use the Website is personal to you and non-transferable, and you may not use the Website for commercial purposes. Your use of the Website is conditional on your compliance with the rules of conduct set forth in these Terms of Use and you agree that you will not: 

9.1          use the Website for any fraudulent or unlawful purpose;

9.2          use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;

9.3          impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website; or express or imply that we endorse any statement you make;

9.4          interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks;

9.5          transmit or otherwise make available in connection with the Website any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;

9.6          reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website;

9.7          modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website. If you wish to reverse engineer any part of the Website to create an    interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information;

9.8          remove any copyright, trade mark or other proprietary rights notice from the Website or materials or goods originating from the Website;

9.9          frame or mirror or create a link to any part of the Website without our express prior written consent;

9.10        systematically download and store Website content in a database;

9.11       use any manual or automatic device in any way to gather Website content or reproduce or circumvent the navigational structure or presentation of the Website without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator's public online search service.

We reserve the right to revoke these exceptions either generally or in specific instances.

The Company may at our own discretion report any breach of the above to any appropriate law enforcement authorities and 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.

Without prejudice to clause 8 above, 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 Website or to your downloading of any material posted on it, or on any website linked to it.  You agree to defend, indemnify and hold us on harmless against claims, actions, proceedings, losses, damages, expenses and all costs arising out of or in connection with your use of the Website.

10. We may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third party websites and resources is at your own risk.

11. We may block any links to or from the Website. Additionally, we may provide tools to allow you to link to the Website directly from a third party site but only with our prior written consent and if you do link to the Website (whether using such tools or otherwise) you agree that you will disable and remove any such link immediately upon our request. If we expressly agree to such a link the link is to the homepage of this Website only at the following URL http://www.hamiltoneducation.org.uk/ and the link must not cause this Website or any content on this Website to be:

11.1     embedded in or 'framed' by any other website, or

11.2     otherwise displayed in a way different to the way originally intended by us.

12. We may collect and use information about you in accordance with our Privacy Policy. You can view a copy of this policy by clicking here.

13. You recognise the global nature of the Website and thus, agree to comply with all applicable local laws in your jurisdiction when using the Website. In particular, you agree to comply with all relevant laws regarding transmission of technical data sent out from your jurisdiction and the European Union.

14. The Website and the goods available for sale on the Website are aimed at assisting in education as set out in national curriculum for England. The Company does not warrant that the information on the Website or the goods, are suitable for any other purpose. In the event you choose to purchase goods for use outside of England or access the Website from locations outside England, you are solely responsible for your actions.

15. These Terms of Use are effective until terminated. We may, at any time and for any reason, terminate your access to or use of the Website. If we terminate your access to the Website you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Website.

16. These Terms of Use will be governed by and construed in accordance with the laws of England, and the courts of England will have non-exclusive jurisdiction over any claim or dispute arising under or in connection with these Terms of Use.

If you have any concerns about material which appears on the Website, please contact enquiries@hamiltoneducation.org.uk

Thank you for visiting the Website.

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