- Disclaimer and limitation of liability
- Copyright and other intellectual property
- Contributing to the website
- Privacy and data protection
- User names and passwords
- Linking to the Website
- Trade Marks
- Governing law
- Further information
2. Disclaimer and limitation of liability
2.1 BGS does its best to ensure that all information on the Website is accurate. If you find any inaccurate information on the Website please let BGS know by sending an email to [email protected] and we will correct it, where we agree, as soon as practicable.
2.2 BGS gives no warranty or assurance about the content of the Website. As the Website is under constant development its contents may be incorrect or out-of-date and are subject to change without notice. While BGS makes every effort to ensure that the content of the Website is accurate, BGS cannot accept liability for the accuracy of all content at any given point in time.
2.3 BGS makes every effort to ensure that its computer infrastructure is error- and virus-free but does not warrant that any material available for downloading from the Website will be free from infection, viruses and/ or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
2.4 Neither BGS nor any of its agents, employees and sub-contractors shall be liable to you or any other party for any claim, loss, demand or damages whatsoever (whether such claims, loss, demands or damages were foreseeable, known or otherwise) arising out of or in connection with the use of the Website or information, content or materials included on the Website.
2.5 In no event shall BGS or any of its agents, employees or sub-contractors be liable to you for any indirect or consequential loss or damage including, without limitation, any;
2.5.1 loss of actual or anticipated profits (including loss of profits on contracts);
2.5.2 loss of revenue;
2.5.3 loss of business;
2.5.4 loss of opportunity;
2.5.5 loss of anticipated savings;
2.5.6 loss of good will;
2.5.7 loss of reputation;
2.5.8 loss or damage to or corruption of data;
2.5.9 loss of use of money or otherwise, and whether or not advised of the possibility of such claim, loss, demand or damages and arising in tort (including negligence), contract or otherwise, to the fullest extent permitted by law.
2.6 The Website provides hypertext links to other sites operated by other people. Using such a link means you are leaving the Website. BGS takes no responsibility for, and gives no warranties, endorsements, guarantees or representations in respect of, linked sites. BGS is not responsible for the privacy practices, nor do we accept any liability in connection with the content of, such websites, including those of our group entities, which will in some cases have their own privacy policies tailored for the particular business practices and educational sectors in which they operate. Any concerns regarding any external link should be directed to its website administrator or web master.
2.7 Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or users, are those of the authors or distributors and not of us. We do not necessarily endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the Website.
2.8 The information on the Website is not intended to address your particular requirements. Such information does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific educational, or other, decisions. You should take your own advice and/ or make specific enquiries and independently verify any information before relying upon it.
2.9 If you make an arrangement with anyone named in or connected with the Website this is at your sole risk.
2.10 Nothing in this Agreement excludes or limits BGS’s liability for:
2.10.1 death or personal injury caused by BGS’s negligence; or
2.10.2 fraud or fraudulent misrepresentation; or
2.10.3 the tort of deceit; or
2.10.4 any other liability which may not be limited or excluded by law.
3. Copyright and other intellectual property
3.1 The Website contains copyright material, trade names and marks and other proprietary information, including, but not limited to, text, software, photos and graphics, and may in future include video, graphics, music and sound (‘Content’). The Content is protected by copyright law, registered and unregistered trade marks, database rights and other intellectual property rights.
3.3 You may download information from the Website for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission or that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
4. Contributing to the website
4.1 Where you elect, or are invited, to submit any contribution or material to the Website (including any text, message board content, photographs, graphics, video, audio or logo) (‘Contribution’) or otherwise consent to the use of the Contribution, then by submitting the Contribution or consenting to its use, you grant BGS a perpetual, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your Contribution worldwide and/ or to incorporate your Contribution in other works in any media now known or later developed for the full term of any rights that may exist in your Contribution. If you do not want to grant to BGS the rights set out above, please do not submit your Contribution to the Website. The BGS shall have no liability to you for any misuse by any third party of any Contribution that is distributed by us through the Website or in respect of any infringement of the intellectual property rights in any Contribution by any third party.
4.2 By submitting your Contribution to the Website, you:
4.2.1 warrant and represent that your Contribution:
(a) is your own original work and that you have the right to make it available to BGS for all the purposes specified above and that it does not breach or infringe anyone BGS’s rights such as copyright or in is in any way illegal;
(b) is not defamatory, libellous, obscene, menacing, threatening, offensive, abusive, fraudulent or criminal;
(c) will not and does not contravene any relevant local, national or international law or incite or encourage the contravention of any such law;
(d) is not related to the conduct of a business;
(e) does not advertise or market anything in any way; and
(f) is not otherwise offensive;
4.2.2 agree at all times to follow our message board rules of posting, which will be shown next to the message board;
4.2.3 agree to indemnify and keep BGS indemnified on demand against all legal fees, damages and other expenses that may be incurred by BGS as a result of your breach of the above warranty; and
4.2.4 agree to waive any moral rights in your Contribution for the purposes of its submission to and publication on the Website and the purposes specified above to the fullest extent permitted by law.
4.3 We reserve the right to identify you in response to a court order or threat of legal action.
4.4 If you see any information on the Website that breaches your or BGS’s rights or may be illegal, defamatory or otherwise should be removed, let us know immediately by e-mailing Web Services at [email protected] and, where we agree, we shall do our best to remove it as soon as possible.
4.5 We reserve the right to remove any Contribution from the Website (including any text, message board content, photographs, graphics, video, audio or logo) at any time and without notice and shall not be obliged to give a reason for doing so. In the event that we remove any Contribution from the Website we shall in no way be liable for any loss, liability, cost or expense suffered by you as a result (whether direct or indirect) of such removal.
4.8 You should not make libellous postings or any postings that are illegal or breach copyright, database or other related rights. It is your responsibility to check this. We do not accept any liability in this respect.
4.9 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We reserve the right to report any such breach to the relevant law enforcement authorities and in such an event we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
4.10 Where we create a link from our Website to any website operated by you, we shall have the right to remove such link at any time without obtaining your prior consent. In the event that we do remove a link from our Website to any website operated by you, we shall in no way be liable for any loss, liability, cost or expense suffered by you as a result (whether direct or indirect) of such removal, including, without limitation to the foregoing generality, where such loss, liability, cost or expense results from a loss of search engine positioning, ranking, placement or optimisation.
5. Privacy and data protection
5.1 Your right to privacy is important to us. The following terms are provided to explain how we collect and use information about you so that you can make an informed choice about using the Website.
5.2 Data protection
5.2.1 BGS is keen to strike a fair balance between your personal privacy and ensuring that you obtain full value from the products and services it provides, while ensuring that it complies GDPR from May 25th 2018.
5.2.2 The main purposes of GDPR are to contain the possible threat to individuals from the misuse of personal data relating to them held in manual records or on computing equipment, to improve transparency with the customer and allow them greater control of their data. BGS complies with all requirements of the law on protection of personal data held on computer or in manual records. The same requirements apply to any records held by individual students about identifiable living individuals. Read the full Privacy notice here
5.3 Personal information you give us when you use our Services or register for an account with us
5.3.1 Personal information you give us when you use our Services or register for an account with us;
(a) Identifying information such as your name, addresses, telephone numbers or email addresses when you register for an account with us.
(b) Financial information (such as credit card or bank account numbers) in connection with a transaction.
(c) Postage, billing and other information used to purchase or send an item, as well as, where postal services are provided through one of our programs, information required to clear customs (such as Tax ID or other identification numbers) and relevant postage information (such as tracking numbers and tracking updates).
5.4 How we use your personal information
5.4.1 We use your personal information to provide and improve our Services, provide you with a personalised experience on our sites, contact you about your account and our Services, provide you customer service, and to detect, prevent, mitigate and investigate fraudulent or illegal activities.
5.4.2 We use the personal information we collect from you for a range of different business purposes and according to different legal bases of processing.
5.5 Lawful basis
5.5.1 We use your personal information to fulfil a contract with you and provide you with our Services, to comply with our legal obligation, protect your vital interest, or as may be required for the public good. This includes:
(a) To provide payment processing and account management, operate, measure and improve our Services, keep our Services safe, secure and operational, and customise site content that includes items and services that you may like in response to actions that you take.
(b) To contact you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed or as otherwise necessary to provide you customer service.
(c) When contacting you for such purposes as outlined above, we may contact you via email, telephone, SMS/text messages and postal mail.
(d) To provide other services requested by you as described when we collect the information.
(e) To prevent, detect, mitigate, and investigate fraud, security breaches or other potentially prohibited or illegal activities.
(f) To enforce our terms and conditions, this privacy notice, or other policies.
(g) To comply with the licensing regulations of the Authority under which we operate.
5.5.2 We use your personal information to pursue our legitimate interests where your rights and freedoms do not outweigh these interests. We have implemented controls to balance our interests with your rights. This includes to:
(a) Contact you via email or postal mail in order to offer you coupons, discounts and special promotions, poll your opinions through surveys or questionnaires and inform you about our Services, as authorized by applicable law.
(b) Contact you about public policy matters, or other current events, related to your ability to use our Services.
(c) Deliver targeted marketing, service updates, and promotional offers based on your communication preferences.
(d) Measure the performance of our email marketing campaigns (e.g. by analyzing open and click rates).
5.6.4 For more information, see Cookies.
5.7 Log files
5.7.1 Continuous logs are kept of requests received by the Website’s web servers as it is accessed. These logs are used to analyse usage of the Website.
5.7.2 Each log entry includes the internet protocol (IP) address of the client used (typically, though not necessarily, the IP address of the personal computer (PC) used), the type of client used (typically, though not necessarily, the type and version of web browser used), the URL of the page (or object) requested, the URL of the previous page (or object) requested (known as the ‘referrer’ and could relate to this Website or another), and the reference number stored in a cookie created by the Website (if one exists). BGS logs additionally contain the username used to access restricted areas of the Website.
5.8.1 With your consent, we may use your personal information to:
(a) Provide you with marketing via telephone calls, email, or text.
(c) Provide you with marketing from third parties.
5.8.2 You have the right to withdraw your consent at any time.
5.8.3 You have choices about how we use your personal information to communicate with you, to send you marketing information, how we provide you with customized and relevant advertising, and whether you want to stay signed into your account.
6. User names and passwords
6.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and passwords that may be given to you or selected by you for use on our Website. You may not share these with or transfer them to any third parties.
6.2 You must notify us immediately of any unauthorised use of them or any other breach of security regarding our Website that comes to your attention.
7.1 BGS seeks to ensure that people are treated equally regardless of age, disability, race, nationality, ethnic or national origin, gender, religion, sexual orientation or personal circumstances. BGS does its best to ensure that the Website and products are accessible to all its users and potential users, including but not limited to users with disabilities.
7.2 If you need any advice on making your web content and services accessible, please contact [email protected]
7.3 Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice (see below). We will not be liable if for any reason the Website is unavailable at any time or for any period.
7.4 From time to time, we may restrict access to some parts of the Website, or the entire Website, to users who are (as the case may be) students, BGS employees or who have registered with us.
8.1 The Agreement forms the whole agreement between you and us. You acknowledge that you have not entered into this Agreement in reliance upon any warranty or representation made by us or any other person and you waive any rights to damages/ rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in this Agreement.
8.3 Failure by either party to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.
8.5 Failure by us to enforce a right does not result in waiver of such right.
8.6 You may not assign or transfer your rights under this Agreement.
8.7 We reserve the right to bar Users from the Website and/ or specific web pages, on a permanent or temporary basis at our discretion. Any such User shall be notified and must not then attempt to use the Website under any other name or through any other User.
9. Linking to the Website
9.1 You may link your website to the home page of the Website at www.bristol.gs, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. BGS reserves the right on demand, as it in its discretion thinks fit, to direct you to remove any links to the Website from your website and you shall promptly comply with any such direction or any other lawful direction that we may give to you in relation to the placing of any such link on your website.
9.2 You must not establish a link from any website that is not owned by you.
9.3 Our Website (or any part of its or content on it) must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in paragraph 4 above.
10. Trade Marks
10.1 “Bristol Groundschool” is a UK registered trade mark of Bristol Groundschool Ltd.
11. Governing law
11.2 We provide no warranty or guarantee that the Website or information available on it complies with laws other than those of England.
12. Further information
12.2 Or via telephone: +44 (0) 1275 340444
12.3 Or via email [email protected]