ANY PERSON OR ENTITY ("User"), REGISTERED TO USE OR ACCESS THE SITE AT www.ecisconnect.org OR ACCESSING THE SITE AT www.ecis.org (either or both are the “Site”) OR ANY INFORMATION CONTAINED IN THE SITE, AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS REGISTERED USER AGREEMENT ("Agreement").
Contracting parties. When you register with the Site, you are contracting with ECI Schools, a company registered in England whose registered office is at Fourth Floor, 146 Buckingham Palace Road, London, SW1W 9TR. ECIS Schools is referred to in these terms and conditions as "we", "us", "our" or “ECIS”. You must be at least 18 years old to register with the Site or use the Services.
Passwords. You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Site; to not do anything which would assist anyone who is not a registered User to gain access to any secured area of the Site; and, to not create additional registration accounts for the purpose of abusing the functionality of the Site, or other users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, please let us know immediately and we will close your account as quickly as possible. You agree that you will be responsible to ECIS and to others for all activity that occurs under your registration account. Users must provide be an “authorised user” of the submitted email address (defined as the natural person who is assigned such address by an internet access provider or similar organisation).
Membership. If you wish to become a Member via www.ecisconnect.org you must agree to the terms of this Agreement and pay the Subscription Fees as set out on the Site.
Services. The Site provides each Member the opportunity to: (i) obtain certain consultancy services from ECIS or third party providers; (ii) book to attend certain events such as conferences, workshops, webinars and symposia (delivered online or offline by ECIS or third party providers); and/or (iii) obtain certain credentials in relation to such events or online; in each case subject to separate terms and conditions as listed on the Site from time to time (“Services”). The Site further provides each Member with the opportunity to purchase certain publications produced by ECIS and/or its partners, as listed on the Site from time to time (“Products”).
Site Content. The Site is intended only for the purposes specified on the Site, and use of the Site and/or all content contained within the Site (“Content”) is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law and is not intended as specific commercial, financial, business or legal advice. Please note that ECIS does not represent or warrant that the Site or the Content will be accurate, up-to-date, complete or free of defects, including without limitation viruses or other harmful elements. Certain Content may become temporarily unavailable due to outages or other problems.
Ownership of Content. Unless otherwise stated herein, ECIS owns or licenses/controls all relevant intellectual property rights in the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or Content in any form (including storing it in any medium) other than as expressly allowed herein or as permitted on the Site or under UK or local law. The Site and the Content are for your personal use only, and are not for re-distribution, transfer, assignment or sublicense.
Code of Conduct for User Content. You agree that you are responsible for everything that you post or transmit to the Site and you agree (in relation to the Site):
- not to post content or participate in any form of online activity which is unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, racially offensive or which otherwise includes objectionable material; and,
- not to post content which you do not have the right to use and not to transmit any material containing software viruses or files designed to damage or disrupt the good working order of any computer or telecommunications equipment.
We will be entitled at our discretion to remove anything which is posted or transmitted to, from or via the Site which, in our opinion, is objectionable or does not comply with these terms and conditions in any way and we disclaim any liability for such removal.
You understand and acknowledge that when you upload material to the Site, you may be exposed to comments or critical submissions from other users that are unfair, inaccurate, offensive, indecent, or otherwise objectionable to you. Whilst we shall endeavour to respond appropriately to all complaints and/or Take Down Notices we receive, you hereby waive any rights or remedies you have or may have against us with respect to any such comments or submissions.
Objectionable Material. If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the Site, please immediately report such material (and the specific page on which it is found) to firstname.lastname@example.org. Please note that there may be adverse legal consequences if you make a false or bad faith allegation of copyright infringement through this process.
Purchasing Services and/or Products from the Site. All Services and Products purchased from or through the Site are for the purchaser’s use only and must not be shared with or given or transferred to any third party or uploaded to any file sharing site or offered for resale. The contract between you and ECIS for the purchase of Services and/or Products is formed in each case only when we accept your payment and make such Services and/or Products available or confirm availability or access to you.
Licences. All downloadable Products (including without limitation software) are sold subject to the terms of the relevant licence for use granted to you in each case. By purchasing such Products from ECIS, you agree to the terms of such license in each case. Please note that downloadable Products are licensed (not sold) to you as a single-user on a non-transferable, non-exclusive basis, by ECIS or its suppliers. Ownership of all rights in the Services and Products remains with ECIS or the relevant supplier as applicable. Copying, duplication, lending or re-selling of any Product or its contents in whole or part is strictly prohibited, save as expressly permitted in the relevant licence.
Payment and Pricing. You may pay for Services and/or Products using any of our approved debit or credit cards. All prices are as stated and are valid until altered by ECIS by posting new or varied prices on the Site. Prices are inclusive of VAT unless stated otherwise. In the event that you order Products or Services and the price published on the Site was incorrect we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at the correct price.
Cancellations and Returns. You may cancel your annual Subscription at any time by contacting us via email@example.com, though please note that any cancellation, following our receipt of your email, will be effective only from the end of your then-current annual subscription (and no refunds will be offered in this respect). Under European Law, you have the right to cancel any online contract for goods (without giving a reason) within fourteen days. However, this does not relate to downloadable goods as once the Products have been transferred to your computer, they cannot be returned. If you require support, please contact firstname.lastname@example.org. ECIS shall not be held responsible for any Product purchased that is incompatible with your operating system or other problems specific to your computer. If you are in doubt as to whether or not a specific Product is suitable for your requirements, please carefully evaluate the Product on the Site before purchasing. If you are still unsure, you may contact us via email@example.com for further information. Any requested return will be subject to the specific terms listed for the relevant Product or Service on the Site, please note that no return is available where the applicable Product is downloadable and not returnable.
Termination of this Agreement. You may terminate this legal Agreement at any time on ninety days’ notice by sending an email (marked “Termination Notice”) to firstname.lastname@example.org and simultaneously closing your registration account in accordance with the account closing procedures set out on the Site. ECIS may at any time terminate this Agreement if, in our sole discretion, we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable. Termination of this Agreement will not release either party from any of its obligations hereunder which are intended to have a continuing effect.
Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Site in any manner. If you in any way Interfere with the Site, you agree to pay all damages incurred by ECIS. ECIS will cooperate with the authorities in prosecuting any User who Interferes with the Site or otherwise attempts to defraud ECIS or any other parties through User's use of the Site or services provided via the Site. ECIS reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. User agrees that we may block User’s IP address or addresses at any time, and at our sole discretion to disallow User's continued use of the Site. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
Trade Marks. The brands, products and service names used or appearing within the Site (including, without limitation, “ECIS") are the trademarks or trade names of ECIS or its trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trade marks, trade names or taglines without the prior written permission of ECIS.
Liability. User agrees that the liability of ECIS to you hereunder shall be limited to the lesser of: (1) the amount you have actually paid hereunder for products or services; and (2) one hundred pounds (£100). Except as set out herein, ECIS shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the Site or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of either party.
Disclaimer. All services and contents of the Site are provided without any representations or warranties of any kind, either implied or express, to the fullest extent permitted by applicable laws. In addition, we do not represent or warrant that the Site or its contents will be free of defects, including without limitation viruses or other harmful elements.
Indemnity. User agrees to indemnify ECIS for any loss or damage that may be incurred by ECIS, including without limitation legal fees, arising from any breach by User of any warranty herein or User's misuse of any material or information obtained through the Site. User further undertakes to indemnify ECIS for all loss or damage incurred by ECIS in relation to any third party claim against ECIS for infringement of intellectual property rights.
No Partnership. Your use of the Site and/or its content creates no partnership, client, fiduciary or other professional relationship.
Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
Further Assurance. You hereby agree at the request of ECIS to execute all such further documents and do all such further acts as ECIS may require in order to vest in ECIS the rights hereby intended to be granted.
Severance. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
Variation. This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. User’s continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes.
Law and Jurisdiction. This Agreement shall be governed by and will be construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts.