Introduction
The Internet is not a secure medium but the Company has taken every possible step
to ensure the security of the Customer’s data.
Data Controller
The Company is the Data Controller for the purposes of the Data Protection Act 1998.
Purpose of Data
- Data submitted to the Company’s Website will be used for the stated purpose listed
and agreed to at the point of submission of data.
- Additional services made available to Customers will not make use of the submitted
data beyond that for which the Customer who is the data subject has given approval.
- The data submitted to the Company’s database may be entered or processed by the
Company where necessary. Personal data will be kept confidential by the Company
at all times.
Data Transmission
The highest levels of available security have been implemented to safeguard the
security of data both during transmission, storage and retrieval and to prevent
unauthorised access.
Data Storage
Data will be stored on the Server as long as is necessary for the above stated purposes.
Obsolete data may be archived on to the Server.
Data Controller
The Company is the Data Controller for the purposes of the Data Protection Act 1998.
Consent
By submitting information, the Customer consents to the use of that information
as set out in this policy. If the Company changes its Compliance policy, it will
post the changes on the Website so that the Customer may be aware of the information
the Company collects and how the Company uses it at all times. Continued use of
the Website will signify that the Customer agrees to any such changes.
1. Definitions and Interpretations
1.1 In this conditions:
- “Agreement” means the agreement for the provision of Services by
the Company to the Customer.
- “Charges” means the fees and charges as amended from time to time
and as set out in this Website.
- “Code” means any computer language or code used by the Company
in the creation of the Website.
- “the Company” means Essaybank Limited (company number 04662176)
of 70 Water Street, Chesterton, Cambridge CB4 1PA.
- “Customer” means anyone registering on the Website for the purposes
of access to the Essay Material displayed on the Website.
- “Essay Material” means essays and coursework at GCSE, A level and
first degree standards displayed on the Website.
- “Intellectual Property” means all or any of copyright trade marks
trade names patents know-how designs and software.
- “Services” means the provision by the Company of Essay Material
on the Website and the provision of access to such Essay Material for the Customer
for viewing and downloading the same.
- “Website” means the Company’s Website displaying Essay Material.
1.2 Words denoting the masculine gender shall include the feminine
and neuter genders and vice versa and words denoting the singular shall include
the plural and vice versa.
1.3 The headings in these conditions are for convenience only and
shall not affect their interpretation.
1.4 Any reference in these conditions to any provision of a statute
shall be construed as a reference to that provision as amended, re-enacted or extended
at the relevant time.
2. Use of the Website
2.1 The provision of the Services to the Customer by the Company
and access to and use of the Website is subject to these terms and conditions. The
Customer’s use of the Services constitutes his acceptance of an agreement with the
Company to all such conditions without modification.
2.2 The Company reserves the right to change the terms and conditions
under which the Services are offered. The Customer is responsible for regularly
reviewing these terms and conditions and additional terms as posted on the Website.
The Customer’s continued use of the Services constitutes his agreement with the
Company to all such amended or additional terms and conditions.
2.3 The Company may at any time without notifying the Customer
make any changes to the Services which are necessary to comply with any safety or
other statutory requirements or which do not materially affect the nature or quality
of the Services.
2.4 The Company grants to the Customer a limited licence to access
and view samples of Essay Material displayed on the Website but not to download
the same until the Customer has registered and paid the charges as referred to in
Clause 3 hereof.
3. Registration and Payment
3.1 Customers must complete the registration process by providing
current complete and accurate information as prompted by the applicable registration
form.
3.2 If any of the information the Customer has provided changes,
then the Customer is responsible for updating that information.
3.3 The Customer is entirely responsible for maintaining the confidentiality
of his password allowing him access to the Website and shall not allow any third
party to use his password to gain access to the Website and agrees to notify the
Company immediately of any unauthorised use of the password.
3.4 The Company will not be liable for any loss or damage a Customer
may incur as a result of someone else using his password either with or without
his knowledge.
3.5 No access to the Website for the full viewing and downloading
of Essay Material shall be allowed until the Customer has paid the Charges in full.
4. Intellectual Property Rights
4.1 The property and copyright or other Intellectual Property rights
in the Essay Material belongs to the Company but the Company shall grant to the
Customer a non-assignable non-exclusive licence to view and download Essay Material
for personal study purposes and as a study and revision aid only. No licence is
granted for the use of Essay Material for any other purpose whatsoever (including,
without prejudice to the generality of the foregoing, use in any essay, coursework
or dissertation written by the Customer).
4.2 Copyright in any Code used in the provision of the Services
or the Website shall remain the property of the Company but the Company shall grant
to the Customer a non-assignable non-exclusive licence to use the Code for the purpose
of using the Services and the Website but for no other purpose provided the Customer
keeps intact all copyright and other proprietary notices. Subject to the provisions
of Clause 4.1 above any reproduction or redistribution of the Essay Material and
/or Code is expressly prohibited by law and copying or reproduction of the Essay
Material and / or Code to any other server or location for further reproduction
or re-distribution is expressly prohibited.
5. Essay Material provided by Customer
5.1 A Customer may send Essay Material to the Company for inclusion
on the Website.
5.2 The Company shall notify the Customer in writing or by email
if it accepts such Essay material for use on the Website and the following provisions
shall then apply.
5.3 The Customers have 14 days free access to the Website without
payment of any Charges for the purposes of using the Services but shall receive
no other payment for the Essay Material
5.4 The Customer warrants that the Essay Material and its use by
the Company for the purpose of providing the Services will not infringe the copyright
or other rights of any third party and the Customer shall indemnify the Company
against any loss damages costs expenses or other claims arising from any such infringement.
5.5 The Customer assigns the copyright or other Intellectual Property
rights in the Essay Material to the Company and the Company grants to the Customer
a non-assignable non-exclusive licence to use the Essay Material in connection with
his own studies but for no other purpose whatsoever.
5.6 The Customer shall not send Essay Material to the Company which
if displayed on the Website would or might display or disseminate the following:
5.6.1 Anything which may defame abuse harass threaten or otherwise
violate the legal rights of others
5.6.2 Any inappropriate profane defamatory obscene indecent or
unlawful material or information
5.6.3 Any material or information that incites or is likely to
incite discrimination, hate or violence towards one person or a group because of
their sex or sexual orientation or because of their belonging to a race, a religion
or a nation or that insults the victims of crimes against humanity by contesting
the existence of those crimes
5.6.4 Material that contains viruses, Trojan horses, worms, time
bombs, cancelbots, corrupted or any other similar software or programs that may
damage the operation of another’s computer or property of another.
5.6.5 Information or material that violates any applicable laws
or regulations.
5.7 The Company reserves the right to terminate the Agreement and
withdraw provision of the Services without prior warning to any Customer who is
in breach of the provisions of clause 5.6 above.
6. Warranties and Liability
6.1 Subject to any express provisions of these conditions the Company
makes no representations nor gives any warranties about the accuracy suitability
or reliability of any Essay Material displayed in the Website or about its use for
any purpose.
6.2 Subject to any express provisions of these conditions the Company
makes no representations about the suitability reliability availability timeliness
lack of viruses or other harmful components and accuracy of the Website Code and
Services for any purpose. The Company does not warrant that the use of the Services
will meet the Customer’s expectations.
6.3 The Company shall not be responsible for the outcome of any
use by the Customer of Essay Material.
6.4 The Company does not warrant that the Services will remain
fully operational at all times and will not be affected by malicious attacks, viruses
and denial of service attacks
6.5 The Company gives no warranty for the quality reliability or
service of any third party service provider (if any) and does not warrant that the
Services and the operation of the Website will be uninterrupted or without error
6.6 The Company cannot guarantee that correction of any error or
problem will be provided with any specific time scale but where the Company estimates
that any correction will take more than 2 working days it will provide, where reasonably
practicable a work around or patch
6.7 The Company shall not be liable to the Customer or deemed to
be in breach of the Agreement by reason of the Website going down for less than
3 days in any month. If the Website were to go down for more than 2 days during
any month then the number of days during which the Website was interrupted up to
a maximum of 5 will be added to the end of the period for which the Customer has
paid for access to the Website.
6.8 The Company shall not be liable to the Customer or deemed to
be in breach of the Agreement by reason of any delay in performing or failure to
perform any of the Company’s obligations in relation to the Services if the delay
or failure was due to any cause beyond the Company’s reasonable control
6.9 Except in respect of death or personal injury caused by the
Company’s negligence or as expressly provided in these conditions the Company shall
not be liable to the Customer by reason of any representation (unless fraudulent)
or any implied warranty condition or other term or any duty at common law or under
the express terms of the Agreement for any loss or profit, loss of business or any
indirect special or consequential loss, damage, costs, expenses or other claims
(whether caused by the negligence of the Company or its servants or agents or otherwise)
which arise out of or in connection with the provision of the Services or their
use by the Customer and the entire liability of the Company under or in connection
with the Agreement shall not exceed the amount of the Charges for the provision
of the Services except as expressly provided in these conditions.
7. Guarantee
7.1 If the Customer is not satisfied with the Services and shows
reasonable grounds for dissatisfaction with the Services, then on notification of
such grounds to the Company and acceptance by the Company that such grounds are
reasonable, the Company will refund the Charges to the Customer.
8. Data Protection
8.1 The Company warrants that it is registered under the Data Protection
Act 1998 and shall comply with the provisions of the Act. The Data Protection Compliance
policy of the Company is set out in the Schedule to these conditions.
9. Termination
9.1 Either party may (without limiting any other remedy) at any
time terminate the agreement by giving written notice to the other if the other
commits any breach of these conditions and (if capable of remedy) fails to remedy
the breach within 30 days after being required by written notice to do so or if
the other goes into liquidation or (in the case of an individual or firm) becomes
bankrupt, makes a voluntary arrangement with its creditors or has a receiver or
administrator appointed. In the event that the Agreement is terminated, the Company
shall not be required to refund any of the Charges paid by the Customer.
10. Additional Services
10.1 The Agreement constitutes the sole Agreement between the Company
and the Customer regarding the provision of Services.
11. General
11.1 This Agreement constitutes the entire agreement between the
parties, supersedes any previous agreement or understanding and may not be varied
except in writing between the parties.
11.2 Nothing in the Agreement shall exclude the right to cancel
the Agreement (if any) under the Consumer Protection (Distance Selling) Regulations
2000. Subject thereto, all other terms and conditions expressed or implied by statute
or otherwise are excluded to the fullest extent permitted by law.
11.3 Neither party may assign, transfer or in any way make over
any of its rights or obligations to any third party without the written consent
of the other party.
11.4 Any notice required or permitted to be given by either party
to the other under these conditions shall be in writing addressed to the other party
at its registered office or principal place of business or such other address as
any at the relevant time has been notified pursuant to this provision to the party
giving the notice.
11.5 No failure or delay by either party in exercising any of its
rights under the Agreement shall be deemed to be a waiver of that right and no waiver
by either party of any breach of the Agreement by the other shall be considered
as a waiver of any subsequent breach of the same or any other provision.
11.6 If any provision of these conditions is held by any competent
authority to be invalid or unenforceable in whole or in part the validity of the
other provisions of these conditions and the remainder of the provision in question
shall not be affected.
11.7 English Law shall apply to the Agreement and the parties agree
to submit to the jurisdiction of the English Courts.
11.8 It is not intended that any of the terms of the Agreement
will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999
by any person not a party to it.