Terms & Conditions
This website (www.prometheanplanet.com) ("Our Site") is operated by Promethean Limited ("we", "us" or "our"). We are a limited company registered in England and Wales under company number 01308938 and with our registered office at Promethean Limited, Promethean House, Lower Philips Road, Whitebirk Industrial Estate, Blackburn, Lancashire BB1 5TH. Our VAT number is 572259918.
1. YOUR PASSWORD AND ACCOUNT
1.2 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. Accordingly, you agree that you will be solely responsible to us for activities undertaken by your account. You agree to notify us promptly if you believe that there has been any unauthorised use of your account.
1.3 All accounts must be registered with a valid personal email address that you access regularly. Accounts registered with someone else's email address, or with temporary email addresses may be closed without notice. We may require users to re-validate their account if we believe they have been using an invalid email address.
2. INFORMATION ABOUT YOU
3.2 Access to Our Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
4. YOUR CONDUCT
4.2 Any data or content you store on Our Site must comply with the provisions of our Acceptable Use Policy and is subject to any data storage limit we notify to you of from time to time. We reserve the right to charge for data storage which exceeds our data storage limit.
5. LINKING TO OUR SITE
5.2 You must not establish a link from any website that is not owned by you or your employer.
5.3 Our Site must not be framed on any other website, nor may you create a link to any part of Our Site other than the home page. The website from which you are linking must not display or link to any unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material. We reserve the right to withdraw linking permission without notice.
6. LINKING FROM OUR SITE
Where Our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
7. RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on Our Site are not intended to amount to advice on which reliance should be placed, nor can we offer any guarantee that any information that is posted is complete, accurate or up to date. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials or information by any visitor to Our Site, or by anyone who may be informed of any of its contents.
8. UPLOADING TO OUR SITE
8.2 Other than the licence set forth in paragraph 8.3 below, we acknowledge and agree that we obtain no right, title or interest from you (or your employer or licensors) in or to any content (including but without limitation, all teaching materials, lesson plans, schemes of work, flipcharts and resource packs) that you upload, post, transmit or display on or through Our Site including any intellectual property rights which subsist in that content ("Your Content"). You agree that you are responsible for protecting and enforcing those rights and that we have no obligation to do so on your behalf.
8.3 By uploading, posting or displaying Your Content you grant us, our partners, and affiliates a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use, modify, adapt, publish, translate, perform, create derivative works from and/or distribute Your Content for any purpose.
8.4 You also grant other users of Our Site a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, right to use, modify, adapt, translate, perform, and/or create derivative works from Your Content solely for non-commercial purposes.
8.5 In addition, you waive all moral rights you have in Your Content to the fullest extent permitted by law including the right to be named as author of such content and the right to object to derogatory treatment of such content.
8.6 It is a condition of these terms and conditions that you have all the necessary rights and consents to grant the licences set out at 8.3 and 8.4 and to upload Your Content to Our Site. In particular, you must ensure that you have obtained any necessary consents, including parental consents, relating to the use of images of minors and/or vulnerable adults.
8.7 It is a condition of these terms and conditions that the use of Your Content in accordance with the licences set out at 8.3 and 8.4 will not infringe the intellectual property rights of any third party.
8.8 It is a condition of these terms and conditions that Your Content does not contain any material which is the confidential information of any third party or which is defamatory, obscene or otherwise unlawful.
8.9 You agree to indemnify us, our partners and affiliates and/or any other users of Our Site for all claims brought by a third party against us, our partners and affiliates and/or any other users of Our Site arising out of or in connection with the breach of the conditions set out in clauses 8.6 and 8.8 above.
9. USER DOWNLOADS
Your use of content uploaded to Our Site by other users of Our Site is made subject to the licence granted in clause 8.4 above and the condition set out in clause 8.6 above and we accept no liability for any infringement of third party intellectual property rights resulting from the downloading or use of such content from Our Site.
10. NOTICE AND TAKEDOWN
We do not monitor all content uploaded, posted or published on Our Site. If you believe that any content uploaded, posted or published on Our Site is defamatory and/or breaches these terms and conditions please assist us by completing a Notice of Defamatory Content form and email or fax it to us. We will use all reasonable endeavours to remove defamatory content from Our Site within a reasonable timeframe.
11. PROCEDURE FOR INTELLECTUAL PROPERTY CLAIMS
If you believe your intellectual property rights have been infringed by content uploaded, posted or published on Our Site you need to fill out a Notice of Infringement form specifying the allegedly infringing listings and infringed works and email or fax it to us. The information requested by the Notice of Infringement is designed to ensure that parties reporting items are either rights owners or authorised by the rights owners, and to enable us to correctly identify the content to be removed.
12. INTELLECTUAL PROPERTY RIGHTS
We are the owner or a licensee of all intellectual property rights in Our Site. All such rights are reserved. Nothing in these terms and conditions gives you a right to use any of our trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
13. TRADE MARKS
We are the registered owner of a number of trade marks relating to our brand in several jurisdictions across the world.
14. DISCLAIMERS AND LIMITATIONS OF LIABILITY
14.2 We make no warranty or representation that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
14.3 You acknowledge and accept that any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
14.4 Subject to clause 14.5, we will not be liable for:
(b) loss of goodwill;
(c) loss of data; or
(d) any indirect, incidental, special, consequential or exemplary loss or damage, arising out of or in relation to these terms and conditions or your use (or inability to use) Our Site whether caused by tort (including negligence), breach of contract or otherwise (even if we have been advised of the possibility of such loss or damage).
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
14.7 In particular, where you are using Our Site as a consumer, nothing in these terms and conditions shall affect your statutory rights
14.8 Nothing in these terms and conditions shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraud or fraudulent misrepresentation.
All notices given by you to us must be given to Promethean Limited at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or which you provided to us on registration. Notice will be deemed received and properly served immediately when posted on Our Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16. TRANSFER OF RIGHTS AND OBLIGATIONS
16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using Our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on Our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This provision does not affect your rights under law. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
18. EVENTS OUTSIDE OUR CONTROL
18.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
(g) Failure or interruption of connectivity to the internet.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
20.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 15 above.
21. ENTIRE AGREEMENT
21.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
21.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
22.2 You will be subject to the policies and terms and conditions in force at the time that you register with Our Site, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority or if we notify you of the change to those policies or these terms and conditions.
23. GOVERNING LAW
These terms and conditions are governed by the laws of England and Wales. Any disputes or differences arising out of these terms and conditions shall be subject to the exclusive jurisdiction of the English Courts.