Terms & Conditions:
1. Definitions
You or Your means the school, educational establishment or other behaviour mentor entering into this Agreement.
We, Us, Our or BehaviourOnline refers to Behaviour UK Limited, a company registered in England and Wales number 3852338, VAT number 750147943 and our authorised agents and servants.
Site or Web Site refers to this web site and all the content herein.
Subscription, Agreement or Contract refers to the legally binding subscription agreement that You may choose to enter into under the terms and conditions set out here.
Price refers to the total amount payable under this agreement as displayed in the ‘Online Order’ subscription pages of this Site, displayed to You if You choose to enter into a Subscription Agreement.
2. These Terms
Access to and use of this Site within the UK and internationally is provided by BehaviourOnline on the following terms.
By using this Site You agree to be bound by these terms, which shall take effect immediately upon Your first use of the Site. If You do not agree to be bound by all of the following terms then You must not access or use the Site.
We may change these terms from time to time and so You should check these terms regularly. Your continued use of the Site will be deemed acceptance of the updated or amended terms. If You do not agree to the changes, you should cease using the Site.
3. Lawful Use Only
You agree to use the Site only for purposes that are lawful in Your jurisdiction and in a way that does not infringe on the rights, use or enjoyment of anyone else using the Site.
4. Privacy Policy
We will not share any information about You with any other person unless compelled by any statutory obligation to do so.
5. Intellectual Property
All design rights, copyright, patents, trade marks and other intellectual property rights (registered and unregistered) in and on this Site and all content located on the Site are and shall remain vested in BehaviourOnline.
You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use content from this Site in any way except for Your own personal, non-commercial use.
You agree not to alter, adapt or create any derivative work from any Site content except for Your own personal, non-commercial use. Any other use of this Website content requires the prior written permission of BehaviourOnline.
The logos, names and images identifying Us or third parties and their products and services are subject to copyright, design rights and trade marks of BehaviourOnline and/or third parties. Nothing contained in these terms shall confer any licence or right to use any trade mark, design right or copyright of BehaviourOnine or any other third party.
6. Transfer of Personal Data Overseas
The Internet is a global environment and we operate and offer services in more than one country. Use of this Site to collect and process personal data necessarily involves the transmission of data on an international basis. By using this Site you acknowledge and agree to Our processing of personal data in this way.
7. Subscription Commitment
If You choose to enter into a Subscription Agreement Your only commitment is to a one year only subscription at the Price agreed. You make no commitment to renew Your subscription in subsequent years, and We make no commitment to grant You a subscription at that or any other Price in subsequent years.
Your Subscription starts on the date you subscribe, and ends 365 days later.
8. Eligibility to subscribe
You are only entitled to use Subscription materials with pupils that attend Your establishment or service provision for educational or pastoral care. You are not entitled to take out or use a Subscription with pupils attending any other establishment(s) in which you may work or deliver services.
For example, if you are a School or Girl Guide organisation, then you may subscribe and use BehaviourOnline with the pupils or Girl Guides in your school or troop. But if you are employed by a local education authority to provide pastoral counselling to pupils in more than one school, then a separate subscription is required for each school or group of pupils that use BehaviourOnline materials.
9. Payment
If You choose to enter into a Subscription Agreement with Us then You are responsible for payment in full of the Price within 30 days of entering into that Agreement.
If You do not make payment in full within that time then We are entitled to withdraw Your access to the site until such time as payment is made. In this case Your access through that period of withdrawal is lost and no equivalent time is added to Your subscription period to make up for it.
Once You subscribe You must pay the Price in full. No credits or refunds are given for early cancellation of a Subscription in any circumstances.
10. Changes to the Site
We reserve the right to change, modify, remove all or parts of the Site with or without cause.
11. Transfer
If You choose to enter into a Subscription Agreement then that Agreement is personal to You (the school, educational establishment or other behaviour mentor entering into this Agreement) and You cannot transfer or share Your access to subscription content on the Site with any other person.
12. Disclaimer and Limitation of Liability
You are solely responsible for the confidentiality of and Your use of the Site.
Whilst every effort has been made to ensure the accuracy and quality of everything on the Site, to the extent permitted by law We exclude all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for any particular purpose, non-infringement, compatibility, security and accuracy. We do not guarantee the timeliness, completeness or performance of the website or any of the content. While we try to ensure that all content provided by Us is accurate no responsibility is accepted by Us for any errors, omissions or faulty content on the website.
We shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) losses suffered by third parties; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) loss of data; or (g) any indirect, consequential, special or exemplary damages arising from the use of this Site regardless of the form of action.
In no event will any liability of Us to You (and/or any third party) arising out of any kind of legal claim in any way connected with the Site exceed the amount, if any, paid by You to Us in respect of use of the Site.
Upon Our request, You agree to defend, indemnify and hold Us harmless from any claims and expenses, including reasonable legal fees, related to your use of the Site.
13. Warranty
We do not warrant that functions available on the Site will be uninterrupted or error free, or that defects will be corrected, or that the Site or the infrastructure that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
14. Sales and value added tax
Unless You are based in Europe we will not be levying a separate charge for any sales or value added tax. If any sales or value added tax is due in Your jurisdiction, You accept liability for accounting for and paying this over to Your tax authorities.
15. Jurisdiction
If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
Our failure or delay to exercise or enforce any right in these terms does not waive Our right to enforce that right.
You agree that if You choose to act against Us in any dispute or legal action in relation to this Agreement then You can only do so under the exclusive jurisdiction of the courts of England and Wales. You agree that if We have to sue You under this agreement then We can do so through either the courts of England and Wales or in Your local jurisdiction, at Our exclusive option, the outcome of which You will accept.