TERMS OF WEBSITE USE for iTRACK Performance
(a division of LCP)
Hampton House, Longfield Rd, Leamington Spa, Warwickshire CV31 1XB
This Acceptable Use Policy sets forth the principles that govern the use by customers of the Web-based products and services provided by LCP. This POLICY is designed to help protect our customers, and the Internet community, from irresponsible, abusive or illegal activities.
Access to and use of www.itrackperformance.co.uk (our “Website”), whether as a guest or a registered user of our iTRACK Performance service from LCP (Language Centre Publications Limited), both within the UK and internationally is provided by LCP (“we” or “us”) on the following terms:
a) By using our Website you agree to be bound by these terms, which shall take effect immediately on your first use of our site. If you do not agree to be bound by all of the following terms please do not access, use and/or contribute to our Website.
b) LCP may change these terms from time to time and so you should check these
terms regularly. Your continued use of our Website will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using our Website.
1) ACCESSING OUR WEBSITE
a) Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period.
b) From time to time, we may restrict access to some parts of our sites, or the entire site, to users who have registered with us. We will not be liable, if for any reason, our Website is unavailable at any time or for any period.
c) You are responsible for making all arrangements necessary for you to have access to our sites.
You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.
d) We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our sites, or close them indefinitely. Where possible will try to give advance warning but shall not be obliged to do so. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.
e) We take all reasonable steps to ensure that our Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues therefore we will not be liable if our Website is unavailable at any time.
f) Our Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give visitors and users advance warning of maintenance issues but shall not be obliged to do so.
2) PASSWORDS, USERNAMES AND SECURITY
3) OUR INTELLECTUAL PROPERTY RIGHTS
a) We are the owner or the licensee of all intellectual property rights on our 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.
b) You may not disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use our site’s content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from
any aspect of our sites’ content.
c) You may print off and may download extracts of any page(s) from our Website for your personal reference and you may draw the attention of others within your organisation to material posted on our sites.
d) Our status as the Publishers of material on our Website must always be acknowledged.
e) You must not use any part of the materials on our Website for commercial purposes without obtaining a licence to do so from us.
4) RELIANCE ON INFORMATION WE HAVE POSTED
a) Commentary and other materials posted on our Website 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 user to our site, or by anyone who may be informed of any of its contents.
5) OUR LIABILITY
a) LCP shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise):
(i) loss of data; (ii) loss of revenue or anticipated profits; (iii) loss of business; (iv) loss of opportunity; (v) loss of goodwill or injury to reputation; (vi) losses suffered by third parties; (vii) wasted management or office time or (viii) any indirect, consequential, special or exemplary damages arising from the use of our Website regardless of the form of action.
b) 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 our sites.
6) VIRUSES, HACKING AND OTHER OFFENCES
a) When using our Website you shall not post or send to or from our Website any material:
i) for which you have not obtained all necessary consents;
ii) that is discriminatory, obscene, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
iii) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
b) Breaching the provision in 6(a)iii means 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 our Website will cease immediately.
c) 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 our Website or to your downloading of any material posted on it, or on any website linked to it.
7) WEBSITE LINKS TO AND FROM OUR SITE
a) Any links to third party websites located on our Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from our Website, it is at your own risk.
b) If you would like to link to our Website, you may only do so on the basis that you link to, but do not replicate, any page on our Website, and subject to the following conditions:
i. you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
ii. you do not misrepresent your relationship with us or present any false information about us;
iii. you do not link from a website that is not owned by you; and
iv. your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom.
8) GOVERNING JURISDICTION
This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.