“BY USING THIS WEBSITE, YOU ACCEPT THESE TERMS AND CONDITIONS AND THAT THESE TAKE EFFECT FROM THE FIRST TIME YOU USE THIS SITE AND BECOME (A “USER”), WHICH IN TURN PERMITS YOU TO DOWNLOAD PURCHASED MATERIALS (THE “PRODUCT”) ON iCOMPUTE WEBSITE”. YOU AGREE TO THE TERMS OF THIS AGREEMENT, JUST AS IF YOU HAD SIGNED THIS AGREEMENT.”
1 About Us
The Website is owned and operated by iCompute Teaching Ltd (“iCompute”), a company registered in England and Wales with company no. 08509235. Our customer contact email address is firstname.lastname@example.org.
iCompute grants you access to this website pages conditional upon your agreement to accept the application of the laws of England to govern matters between us in relation to this website. By accessing this website and/or purchasing Product you agree to indemnify us and not to hold us liable for the result foreseeable of any actions you may take based on the information contained herein.
3 Intellectual Property Rights
3.1 The User acknowledges that all Intellectual Property Rights in the website and Product belong and shall belong to iCompute Teaching Ltd (“iCompute”), and the User shall have no rights in or to the Product other than the right to use it in accordance with the terms of this licence.
3.2 iCompute copyright material is provided solely for use by paying individuals and educational establishments (those bodies set out under S174 of the Copyright Designs and Patents Act 1988, which include schools, universities, higher education colleges and colleges of further education).
3.3 Except as expressly stated in this agreement the User has no right (and shall not permit any third party) to distribute, lease, sell, transmit, transfer, publish, edit, disclose, copy, adapt, create derivative works from, rent, sub-licence, disassemble, modify or publish the Product in whole or in part except:
(a) The User may reproduce the Product for use within its own educational establishment.
3.4 No part of the website or Product may be reproduced, transmitted or shared without iCompute’s express written permission, including but not limited to:
2. information storage and retrieval systems;
3. recordings and re-transmittals over any network (including any local area network);
4. use in any timesharing, service bureau, bulletin board or similar arrangement or public display;
5. share login details with anyone except:
(a) The User may share login details with paid members of staff within its educational establishment
6. posting the Product to any other online service (including bulletin boards or the Internet); or
User agrees to maintain all copyright, trademark and other notices contained in such Product. User agrees not to remove, obscure, or alter copyright, patent, trademark or other proprietary rights notices contained in the website or Product. User agrees that it shall not use iCompute’s name or any excerpts from the Product in the promotion of its products or services.
3.5 The User shall not:
(a) sub-license, assign or novate the benefit or burden of this licence in whole or in part;
(b) allow the Product to become the subject of any charge, lien or encumbrance; and
(c) deal in any other manner with any or all of its rights and obligations under this agreement,
without the prior written consent of iCompute, such consent not to be unreasonably withheld or delayed.
3.6 All other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this licence or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.
4 Disclaimer of Warranties
iCompute does not make any warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to the Product. Although iCompute takes reasonable steps to screen the Product for infection by viruses, worms, Trojan horses or other code manifesting contaminating or destructive properties before making the Product available, iCompute cannot guarantee that the Product will be free of infection.
The Product is provided ‘as-is’ and expressly subject to the disclaimer in clause 4.1:
4.1 All other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this licence or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to rights to maintenance, updates, support, satisfactory quality, fitness for purpose or the use of reasonable skill and care.
5 Third Party Websites and Products
iCompute’s website and Products include hyperlinks to other websites owned and operated by third parties. We have no control over the contents of third party websites and/or the products and services they provide. iCompute accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your dealings with any third parties through the materials provided by us and the website and any terms, conditions, warranties or representations with such third parties are solely between you and such third party. You agree that iCompute are not liable for such dealings, and you agree to indemnify us in the manner referred to above in these terms in relation to such dealings.
The existence of links to third parties on the website and/or in the Products does not imply that iCompute is in any way associated with such third party or that any third party is authorised to use any copyright material, or logo of iCompute. iCompute do not guarantee that links to other sites will work all the time and has no control over availability of the linked pages.
Any orders for Products sold through the Website must be placed by following the instructions on the website.
Orders may also be placed by telephone, letter or email. Login details to access the Product will be emailed to the user upon receipt of full payment.
7 Limitation of Liability
7.1. iCompute shall not in any circumstances have any liability for any losses or damages which may be suffered by the User (or any person claiming under or through the User), whether the same are suffered directly or indirectly or are immediate or consequential, and whether the same arise in contract, tort (including negligence) or otherwise howsoever, which fall within any of the following categories:
(i) special damage even if iCompute was aware of the circumstances in which such special damage could arise;
(ii) loss of profits;
(iii) loss of anticipated savings;
(iv) loss of business opportunity;
(v) loss of goodwill;
(vi) loss or corruption of data
(vii) expense associated with the deployment of extra resource.
(viii) any claim attributable to errors, omissions or other inaccuracies in the Product or interpretations thereof.
7.2. Notwithstanding any other provision of the agreement the total liability of iCompute, whether in contract, tort (including negligence) or otherwise and whether in connection with this licence or any collateral contract, shall in no circumstances exceed a sum equal to the Fee (this provision shall apply in the event of repudiation or termination for whatever reason); and
7.3. User agrees that, in entering into this licence, either it did not rely on any representations (whether written or oral) of any kind or of any person other than those expressly set out in this licence or (if it did rely on any representations, whether written or oral, not expressly set out in this licence) that it shall have no remedy in respect of such representations and (in either case) iCompute shall have no liability in any circumstances otherwise than in accordance with the express terms of this licence.
The exclusions shall apply to the fullest extent permissible at law and are fully severable to give them the fullest effect, but iCompute does not exclude liability for:
(a) death or personal injury caused by the negligence of iCompute, its officers, employees, contractors or agents;
(b) fraud or fraudulent misrepresentation;
(c) breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) any other liability which may not be excluded by law.
User agrees to indemnify, defend and hold harmless iCompute, its affiliates, licensors, and their respective officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable legal fees, arising out of the use of the Products by the User.
9 General Provisions
Any provision in any memorandum received by iCompute in connection with the Product which is inconsistent with, or adds to, the provisions of this Agreement is void. Neither the parties’ course of conduct or trade practice will modify the terms of this Agreement. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, all other terms and conditions shall remain in full force and effect.