Terms & Conditions
Effective Date:21st July, 2011
1. Introduction
1.1 This website is owned and operated by Vicky Kakos trading as “in2schools.co.uk”. Our address is PO Box 9875, Leicester, LE9 2UZ. Our other contact details are specified on our website.
1.2 Please read these terms and conditions carefully. They cancel and replace any previous versions. By registering on or using this website you agree to be bound by these terms and conditions.
2. Definitions
2.1 “Advertisement” means promotion of any kind on our website including listings, profiles, banners etc. “Advertiser” means a user who places an Advertisement on our Service. “Consultation Service” refers to our service whereby we put you in contact with educational professionals for advice on marketing to schools. And “Content” covers all information (including Advertisements or feedback) published or sent by users on or in connection with our Service. “Service” includes both our website and our related software and services (including our Consultation Service).
3. Changes to the terms and conditions
3.1 We may change these terms and conditions by posting the revised version on our website for a reasonable period before they become effective. Please check our website from time to time. You will be bound by the revised agreement if (in the case of Advertisers) you place a new subscription or renew an existing subscription or (in the case of non-Advertisers) if you continue to use our Service, following the effective date shown.
4. Use of our Service – applicable to all users
4.1 You are not eligible for, and must not use our Service if you are under 18 years of age.
4.2 We cannot accept legal responsibility for the accuracy of, or otherwise in relation to, any Advertisement or in connection with any consequent communications or transactions with third parties or with use by third parties of the information comprised within any Advertisement or related enquiry as these are all matters outside our reasonable control. If you intend to act on any Advertisement, you must make appropriate enquiries before proceeding including as to the suitability of the advertiser and as to the Advertisement’s accuracy and suitability for your purposes. You rely on Advertisements at your own risk.
4.3 Any content which we ourselves make available on the Service is intended for very general guidance but we cannot guarantee that it is accurate or up to date. Before acting on such information, you must make your own appropriate enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.
4.4 You agree that you will not:
4.4.1 in connection with the Service breach any applicable law, regulation or code of conduct or infringe any rights of others;
4.4.2 publish or send any Content which is or becomes false or misleading, or is sexually explicit, sexually suggestive, vulgar, indecent, obscene, racist, xenophobic, abusive, unlawful, deceitful, invasive of another’s privacy, confidential, offensive, harmful, violent, threatening, harassing, stalking, defamatory, or which encourage or assist any of the foregoing;
4.4.3 publish or send any Content which links to any third party websites which are illegal or contain inappropriate content;
4.4.4 use the Service for junk mail, spam and pyramid or similar or fraudulent schemes;
4.4.5 do anything which may have the effect of disrupting the Service including worms, viruses, software bombs or mass mailings; or
4.4.6 attempt to gain unauthorised access to any part of the Service or equipment used to provide the Service.
4.5 We reserve the right to reject, suspend, alter, remove or delete Content or to disclose to the relevant authorities any Content if it breaches our terms and conditions or it is necessary to protect us or others or where we have reasonable grounds for believing that a criminal act has been committed or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant Content.
4.6 We are not responsible for transmitting or following up on communications between users and Advertisers.
5. For advertisers only
5.1 Subscriptions can be acquired at the prices, for the periods and by the payment methods specified on our Service. Prices include VAT or other sales tax unless otherwise stated.
5.2 You can cancel your Advertisement at any time by the means specified on our Service. If you cancel, you will have the option to remove your Advertisement immediately or at the end of the current subscription period. However, there will be no refund in respect of the unused period if you opt to remove the Advertisement immediately. You may also request that your Advertisement is reinstated during the subscription period. If so, the subscription period will not be extended to allow for the time when the Advertisement was not being displayed.
5.3 Your subscription will be auto-renewed for the period stated on our Service. You can cancel auto-renewal by following the instructions on our Service.
5.4 We may at any time change our subscription prices. The new rate takes effect if you apply for a new subscription after we post the new prices on our Service. For existing subscribers, we will give you notice by email at least one month before your renewal. If you do not accept the new fee, you should cancel the auto-renewal. Otherwise the next auto-renewal of your subscription after the one month’s notice will be at the new rate.
5.5 Payments for our Consultation Service must be made in advance or within any period specified on our website. All payments must be made without any set-off, counterclaim and/or any other deduction. If any amount due to us is unpaid, we may:
5.5.1 charge reasonable additional administration costs; and/or
5.5.2 charge interest (both before and after judgment) on the amount unpaid at the rate for the time being applicable under the Late Payment of Commercial Debts (Interest) Act 1998; and/or
5.5.3 disable, suspend or remove any or all of your Advertisements
5.6 You must comply with any guidelines or requirements on our website (for example, any file-size or other technical requirements in relation to the publication or sending of Content on or via our Service). You must promptly comply with any reasonable request or instruction by us in connection with the Service.
5.7 We reserve the right in our discretion without notice to edit the text or layout of Advertisements or to locate or relocate Advertisements on our Service where we think fit (provided that you achieve prominence which is broadly equivalent to what we offer for your particular package).
5.8 You must respond promptly and professionally to enquiries from users via our Service. It is your responsibility to accept feedback from users if you wish to add it to your profile.
5.9 You may only use the contact information supplied by users in response to Advertisements for the purposes specified by the user. You must not otherwise market to or contact such persons. When using such information or when providing goods and services relating to such persons you must do so to the highest industry standards, you must comply with all applicable laws, regulations and codes of conduct (including as to data protection) and you must not infringe any third party rights.
5.10 Your account is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account apart from other employees from the same company. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. In such case you should also immediately amend your password via our Service. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
5.11 You must ensure that all contact and payment information (eg email and postal addresses, credit card numbers) which you provide us is accurate and not misleading and that you will update it so that it remains so.
5.12 We may at any time immediately cancel your registration or use of our Service without cause including removal of any Advertisement. If so, we will refund in full any fees already paid for the period in respect of which we take such a step.
5.13 We may at any time cancel your registration for or use of our Service without refund (giving notice by email to the extent reasonably practicable) if we think that you have breached our terms and conditions or if any payment by you is overdue or if we consider it necessary to protect us or others or if we are required to do so by law or appropriate authority.
5.14 If we have given notice of cancellation in accordance with these terms and conditions, you must not attempt to re-register for or use our Service.
5.15 We cannot be held legally responsible for loss or damage resulting from editing, rejection, suspension or removal of an Advertisement or from termination of registration for or of use of our Service provided we act in accordance with this agreement.
5.16 The following apply to our Consultation Service:
5.16.1 We will use reasonable endeavours to put you in contact with an educational professional within the category you request. It is your responsibility to ensure that you select the category which is the appropriate one for your purposes.
5.16.2 We reserve the right to charge the full consultation fee without refund if you are not available to for the consultation at the time agreed with us.
5.16.3 The extent of the Consultation Service is that the professional will use reasonable care to provide advice on marketing to schools based on the professional’s knowledge and experience. Such advice will consist only of oral advice during the period of the consultation unless the professional agrees otherwise. We cannot guarantee that the advice will achieve any particular results or that it will otherwise be suitable for your purposes.
6. Functioning of our Service
6.1 We cannot guarantee that the Service will be uninterrupted or error-free.
6.2 We may have to suspend the Service for repair, maintenance, improvement or other technical reason.
6.3 We may make changes to the Service provided that these do not have a significant adverse effect on the quality of the Service.
7. Third party websites
7.1 We may link to third party websites which may be of interest to you. We do not recommend or endorse those sites or the products or services which they offer nor are we legally responsible for them as they are outside our reasonable control. You use such third party sites at your own risk.
8. Intellectual property rights
8.1 All trade marks, logos, graphics, images, photographs, animation, videos, text and software used on the Service are our intellectual property or that of our partners. You may display, reproduce or otherwise use such content insofar as necessary to view it within our site for genuine, private, non-commercial purposes. You may not otherwise retrieve, display, modify, copy, print, sell, download, hire or reverse engineer (unless permitted by applicable law) or use such content without our specific prior written consent.
8.2 If you publish any Content on our Service, you grant us a worldwide, perpetual, non-exclusive, transferable (with right to sub-licence), royalty-free licence to use, copy, alter, display, sublicence and create derivative works from that Content in any media formats, including for the purpose of redistribution or promotion of our Service. You waive your moral rights in relation to such content to the extent legally permitted.
9. Liability
9.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
9.2 You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
9.3 Very important: If you are a consumer (ie not acting in the course of a business), we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
9.3.1 there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
9.3.2 such loss or damage is not a reasonably foreseeable result of any such breach;
9.3.3 such loss or damage is caused by you, for example by not complying with this agreement; or
9.3.4 such loss or damage relates to a business.
9.4 Very important: If you are a consumer (ie not acting in the course of a business), you will liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).
9.5 The following clauses apply only if you are a business:
9.5.1 To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
9.5.2 Our liability of any kind (including our own negligence) with respect to our Service for any one event or series of related events is limited to the total fees payable by you in the 12 months before the event(s) complained of.
9.5.3 In no event (including our own negligence) will we be liable for any:
a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
b) loss of goodwill or reputation;
c) special, indirect or consequential losses; or
d) damage to or loss of data
(even if we have been advised of the possibility of such losses).
9.5.4 You will indemnify us against all claims and liabilities directly or indirectly related to your Advertisement (if you are an advertiser) and/or breach of this agreement.
10. “Act of God”
10.1 Neither you nor we are liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond your or our reasonable control.
11. Transfer
11.1 We may transfer all or part of our rights or duties under this agreement.
12. English law
12.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
13. General
13.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. This agreement constitutes the entire agreement between you and us. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (ie that it can’t be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.
14. Complaints
14.1 If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these terms and conditions.
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