Please read these terms and conditions carefully before using this website. Use of this website is acceptance of these terms and conditions.
These Terms and Conditions set out that:
Use of this website creates a legally binding agreement between:
Dearne Valley College at Manvers Park, Wath upon Dearne, Rotherham, S63 7EW. (“Dearne Valley College”, "We", "Us", "Our"); and You, the user of Our Facilities ("You" or "Your").
These words have the following meaning (where they have a capitalised first letter) in these terms and conditions:
Your use of Our Facilities may be subject to restrictions imposed by law. You must comply with these laws as it is not possible for Us to comply with them on Your behalf.
We may change these Terms and Conditions at any time by publishing a new version on Our Website. We will post any new Terms & Conditions on our home page. Your use of Our Facilities will from that point on be governed by the new version. We will notify you of any change via an alert on our homepage.
We license You to use Our Website if:
You may NOT use Our Website in any other circumstances.
Your licence to use Our Website under this clause extends to any material downloaded from Our Website unless We notify You otherwise at the time of download. The licence to download does not extend to incorporating the material downloaded into any other work or publication, whether in hardcopy or electronic or other form, or to disseminating or disclosing the downloaded material to others.
You may not distribute or copy any part of Our Website for any commercial purpose unless We approve in advance this use in writing.
We may withdraw Your licence to use any part of Our Website at any time for any reason.
Our website is designed to allow you to:
By accessing our website, you are making an offer to us to use Our Facilities in accordance with these Terms and Conditions. We do not have to accept Your offer to use Our Facilities and may deny You access to any or all of Our Facilities for any reason.
You do not have any contractual relationship with Us except these Terms and Conditions.
We are not producing or selling you any Products and We are therefore not a supplier for the purposes of the Distance Selling Directive.
We do not have any control over any other’s Website which may be linked to Our Website either as a Link or as any other hypertext link.
We can change any of Our Facilities at any time for any reason.
You must install and obtain licences for any hardware or software that You need in order to make use of Our facilities.
We have no control over the World Wide Web and You agree therefore that We are not responsible for the operation or the level of performance of any Link, the Internet or the World Wide Web.
You agree that We have no liability to You in relation to any representation or statement that We make to You unless it was made fraudulently.
We may from time to time offer You a loyalty incentive scheme to encourage You to use Our Facilities. You agree that We may operate any loyalty incentive scheme at Our absolute discretion and any benefits that may accrue to You may be withdrawn at any time. Any loyalty incentive scheme that we offer will be covered by the Terms and Conditions for that scheme as outlined in the Help section of this website.
You may not use Our Facilities to prejudice Our interests or Our Facilities in any way.
We either own or are licensed to use the Intellectual Property Rights contained in Our Website and its content. You may not copy, download, distribute or publish the content otherwise than in accordance with these terms and conditions except with Our prior written consent.
You hereby indemnify Us for any claim, loss, harm, damages or costs that arise as a result of a breach of clause 10 by You.
You must not disclose Our Confidential Information.
These Terms and Conditions form the entire agreement between Us and You. We are not liable for any statement or representation that we make to You, even if You rely on it, unless We made the statement or representation fraudulently.
We make no warranties or representations to You:
We exclude all liability to You (whether in contract, tort, (including negligence or breach of statutory duty) or otherwise) for:
The limitations and exclusions in this clause 12 do not apply:
You must not use Our Facilities or the facilities of any third party:
You must only use Retailers' Websites in accordance with the terms and conditions of use of those Websites.
You indemnify Us (subject to any restrictions imposed by law) from and against all costs, losses, claims, damages, expenses or proceedings suffered or incurred by Us arising out of or in connection with:
We may terminate your licence to use Our Website at any time without notice for any reason. Any termination that occurs does not affect any rights that had accrued to either You or Us prior to termination.
We may assign Our rights and obligations under these Terms and Conditions to any person. You may not assign any of your rights and obligations under these Terms and Conditions.
This Agreement does not create any right or benefit enforceable by any third party within the meaning of the Contracts (Rights of Third Parties) Act 1999 except that any limitation or exclusion of liability in favour of the Us, and any indemnity given to Us in this Agreement, is a right or benefit of the Our officers, shareholders, employees, agents as if such limitation, exclusion or indemnity had been given directly by You to such third parties.
If a provision of these Terms and Conditions is judged to be illegal or unenforceable by a court or any other competent authority, the relevant provision will be deemed to be omitted. The remaining Terms and Conditions will continue unless the substantive purpose of these Terms and Conditions is then not possible.
Any delay by Us in enforcing Our rights against You does not affect our ability to enforce that right. If we waive any single right against you, it is not a waiver of any other rights that we may have against you.
You may not assign any of Your rights under these Terms and Conditions without Our prior written consent.
Any notice to be given under these Terms and Conditions (unless otherwise specified) must be in writing in the English language and be delivered either personally, by registered post or by email to the other party. In the case of post, the notice will be deemed to have been received fourteen working days after the date of posting. Dearne Valley College’s address for receipt of notices is as follows:
Dearne Valley College,
Wath upon Dearne,
This Agreement is governed by English law and We and You both submit to the non-exclusive jurisdiction of the English courts.
© Dearne Valley College 2011