TESS | TESS Schools Terms and Conditions

Version Dated: June 2016

WHO WE ARE

1. This website is owned by TESS | TESS Schools, ('I', 'we' and 'us' being construed accordingly).

WHAT ARE THESE TERMS AND CONDITIONS FOR?

2. These Terms and Conditions govern your use of this Website and any content or material that you access through this Website.

3. Please note that we may amend or modify these Terms and Conditions from time to time so you should regularly check that you have seen the latest version.

OUR AGREEMENT

4. We agree to provide this Website in accordance with these Terms and Conditions, and grant you a non-exclusive and non-transferable right to access and review any information, data, graphics, images, photographs, videos, music and other audio/visual material on our Website (‘Content’) for your own personal and non-commercial use.

5. You agree to comply with these Terms and Conditions, and any other terms and conditions appearing on our Website. In the event of conflict or inconsistency with any other contract terms, these Terms and Conditions shall prevail.

OUR INTELLECTUAL PROPERTY RIGHTS

6. The intellectual property rights in relation to any Content on this Website (including, without limit, the rights to any inventions, copyright material, designs, trade marks, goodwill in relation to any business names, logos or signs, rights to any domain names, databases, know-how and other intellectual property rights, whether registered or unregistered, existing anywhere in the world) belong to us or our licensors.

7. Other than as expressly permitted in these Terms and Conditions, you must not copy, modify, distribute, publically share or make available, rent or lend, republish, frame, provide links to or upload any parts of our Website. You must not seek to use our name or extract or exploit any Content in connection with any business or for any commercial purpose without our prior written consent.

8. Where you choose to provide us with any information relating to you, from which you can be identified you agree that this will stored and used in accordance with our Privacy Policy [and you acknowledge that ‘cookies’ may be used on this Website as set out in our Cookie Policy.]

RESPONSIBILITY AND EXCLUSIONS

9. You accept and agree that: You will not act in any way which in our reasonable opinion is likely to have an adverse impact on the operation of this Website or adversely affect its users; You should not make any commercial decision in reliance on any Content on this Website and (to the fullest extent legally permitted) we cannot be liable for any omissions or errors or any Content being incomplete or out of date;
We cannot guarantee that all of this Website will be available on a continuous basis (and there may be interruptions in service due to maintenance or other events beyond our control); While we take reasonable care to keep this Website malware or virus free, you must ensure that your computer or mobile device is appropriately set up to protect it against malware and other security threats when browsing the internet;
On occasion, we may add to, remove or update Content or parts of this Website as we think appropriate; and where this Website contains a link to any third party website, this should not be treated as an endorsement by us of any business, product or service appearing on such third party website and we accept no responsibility for your interaction with these third parties or use of their website, which will be subject to separate terms and conditions.

10. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE LIABILITY (ON OUR OWN BEHALF AND ON BEHALF OF OUR TRUSTEES, EMPLOYEES OR REPRESENTATIVES) FOR ANY (I) INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES; OR (II) ANY LOST REVENUE OR ANTICIPATED SAVINGS, CONTRACTS, LOST DATA OR ECONOMIC LOSS HOWSOEVER ARISING (AND WHETHER DIRECT OR INDIRECT) ARISING FROM YOUR USE OF THIS WEBSITE OR ITS CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME.

11. EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS OF USE, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS IN RELATION TO THIS WEBSITE OR ANY CONTENT (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, WARRANTIES, CONDITIONS OR TERMS RELATING TO QUALITY OR FITNESS FOR PARTICULAR PURPOSE. THESE TERMS OF USE WILL NOT EXCLUDE OR LIMIT YOUR MANDATORY RIGHTS UNDER APPLICABLE LAW, TO THE EXTENT THEY CANNOT BE EXCLUDED OR LIMITED BY CONTRACT.

GENERAL

12. Should any part of these Terms and Conditions be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion which (if legally permitted) shall remain in full force and effect.

13. We may assign, transfer or subcontract any of our rights and obligations under these Terms of Use and in relation to hosting or provision of this Website.

14. These Terms of Use are subject to English law. To the maximum extent legally permitted, you agree that any dispute relating to the Website or these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales and any proceedings relating to a dispute shall be in the English language.

15. We are always happy to hear any feedback so please contact us if you have any comments or requests. Our address for correspondence is TESS@TESSschools.com