This agreement applies as between you, the User of this Web Site and Talbot Specialist School, the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and/or any communications System on the Web Site;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Talbot Specialist School” means Talbot Specialist School Lees Hall Road Sheffield S8 9JP
“Service”/”services” means collectively any online facilities, tools, services or information that Talbot Specialist School makes available through the Web Site either now or in the future;
“Payment Information” means any details required for the purchase of Services from this Web Site. This includes, but is not limited to, credit/debit card numbers, bank account numbers and sort codes;
“Purchase Information” means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form;
“Premises” Means our place(s) of business located at the address Listed on this website.;
“System” means any online communications infrastructure that Talbot Specialist School makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User”/”Users” means any third party that accesses the Web Site and is not employed by Talbot Specialist School and acting in the course of their employment; and
“Web Site” means the website that you are currently using (http://www.talbot.sheffield.sch.uk) and any sub-domains of this site (e.g. http://subdomain.talbot.sheffield.sch.uk) unless expressly excluded by their own terms and conditions.
2. Business Customers
These Terms and Conditions apply to business customers only.
3. Intellectual Property
3.1 Subject to the exceptions in Clause 4 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Talbot Specialist School, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
3.2 Subject to Clause 5 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Talbot Specialist School.
4. Third Party Intellectual Property
4.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
5. Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
6. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Talbot Specialist School or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
7. Links to this Web Site
8. Use of Communications Facilities
8.1 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
8.1.1 You must not use obscene or vulgar language;
8.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
8.1.3 You must not submit Content that is intended to promote or incite violence;
8.1.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
8.1.6 You must not impersonate other people, particularly employees and representatives of Talbot Specialist School or our affiliates; and
8.1.7 You must not use our System for unauthorised mass communication such as “spam” or “junk mail”.
8.2 You acknowledge that Talbot Specialist School reserves the right to monitor any and all communications made to us or using our System.
9.1 In order to procure Services on this Web Site and to use the Forums or Chat facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site. By continuing to use this Web Site you represent and warrant that:
9.1.1 all information you submit is accurate and truthful;
9.1.2 you have permission to submit Personal Information where permission may be required; and
9.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
9.2 It is recommended that you do not share your Account details, particularly your username and password. Talbot Specialist School accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
9.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Talbot Specialist School immediately to suspend your Account.
9.4 When choosing your username you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.
10. Termination and Cancellation
10.1 Either Talbot Specialist School or you may terminate your Account. If Talbot Specialist School terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
10.2 If Talbot Specialist School terminates your Account, provision of Services will be terminated.
10.3 Talbot Specialist School reserves the right to cancel without stating reasons, for any reason prior to commencing Services provision.
11. Provision of Services
11.1 Provision of Services shall commence when detailed in the Terms & Conditions pertaining directly to those Services.
11.2 Talbot Specialist School shall use its best endeavours to provide the Services with reasonable skill and care.
11.3 Provision of all Services shall be subject to the terms and conditions pertaining directly to those Services.
13.1 Talbot Specialist School makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
13.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
13.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
14. Changes to the Service and these Terms and Conditions
Talbot Specialist School reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If Talbot Specialist School is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
15. Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Talbot Specialist School accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
16. Limitation of Liability
16.1 To the maximum extent permitted by law, Talbot Specialist School accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
16.2 Nothing in these Terms and Conditions excludes or restricts Talbot Specialist School liability for death or personal injury resulting from any negligence or fraud on the part of Talbot Specialist School.
16.3 Nothing in these Terms and Conditions excludes or restricts Talbot Specialist School liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Web Site.
16.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
18. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
19. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
21. Law and Jurisdiction
These terms and conditions and the relationship between you and Talbot Specialist School shall be governed by and construed in accordance with the Law of England and Wales and Talbot Specialist School and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.