TERMS AND CONDITIONS OF USE AGREEMENT
Please read this carefully. This terms and conditions of use agreement ("Agreement") applies to the Websites (as defined below) which are owned and operated by Software2 (hereinafter referred to as Provider). By accessing this Website you are agreeing to the terms and conditions that appear below. If you have any comments or questions please contact us at 01727 201 890.
This Website is provided by Software2 Ltd whose registered office is at DEB House, 19 Middlewoods Way, Wharncliffe Business Park, Carlton, Barnsley, S71 3HR is registered in England with the company number identified on the Website and has VAT number 981 9093 79.
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The services offered by Provider through the Website include any features, content, or applications offered or made available from time to time by Provider and/or its licensors in connection with the Website (collectively, the "Services"). The Services may be hosted inside or outside of the United Kingdom.
"Websites" means the websites and mobile internet sites (including their constituent pages) with their home pages as set out below (and "Website" means any one of them):
viglen.software2.co.uk
www.software2.co.uk
www.software2.eu -
This Agreement sets forth the legally binding terms for your use of the Services. By using the Services, and in consideration of Provider providing the Services to you, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you have not registered with the Website) or you are a "Member" (which means that you have registered with the Website). The term "User" refers to a Visitor or a Member. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the Services immediately. If you wish to become a Member, and make use of the Services available only to Members, you must read this Agreement and indicate your acceptance during the Registration process.
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This Agreement includes Provider’s policy for acceptable use of the Services and content posted on the Website, your rights, obligations and restrictions regarding your use of the Services and Provider’s Privacy Policy. In order to participate in certain Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
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Provider may modify this Agreement from time to time and such modification shall be effective upon posting by Provider on the Website.
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Please choose carefully the information you post on the Website and that you provide to other Users.
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By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information (including your email address); (c) where registration as a Member is required in order to use a Service you are 18 years of age or older; (d) your use of the Services does not violate any applicable law or regulation; and (e) where the purchase of a product is limited to persons meeting certain criteria, you must be able to prove your status as either a student in full or part time education, the parent of such a student or as a member of academic staff. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age or are otherwise unable to prove your eligibility to purchase from this site.
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This Agreement shall remain in full force and effect while you use the Services or are a Member.
You may terminate your Membership at any time, for any reason. -
You acknowledge that Provider reserves the right to charge for the Services/Content made available to you and to change any applicable fees from time to time in its discretion. If we terminate your Membership or use of any of the Services because you have breached the Agreement or other applicable terms and conditions you shall not be entitled to a refund of any unused portion of subscription fees.
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When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Provider immediately by emailing Software2 if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
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The Services are for the personal use of Users, or where specified, Members only and may not be used in connection with any commercial endeavours except where and to the extent specifically endorsed or approved by Provider. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website is prohibited. Links may be removed at our discretion for any reason. Legal action maybe taken for any illegal or unauthorised use of the Services or the Website.
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11.1 The Website and/or the Services contain Content owned by Provider ("Provider Content") or a 3rd Party Licensor. The Provider Content is protected by copyright, trademark, patent, trade secret and other laws. Provider or Licensor owns and retains all rights in the Content and the Website and the Services.
11.2 The Website and the Services contain content owned by other licensors to Provider ("Third Party Content"). You may not unless and to the extent otherwise specifically authorised by Provider copy, modify, translate, publish, reproduce, commercially exploit, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Website or the Services. -
We will not respond unless required to do so by law to any electronic mail ("e-mail") sent to us which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. We reserve the right to take such action as we in our sole discretion deem fit in respect of such material.
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You may not post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Provider prohibits use of the Website and/or the Services of any User who infringes the copyright of others.
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Use of the Website and the Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
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Provider takes no responsibility for third party advertisements which are posted on the Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Provider assumes no responsibility for any error, omission, interruption, deletion, corruption, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication or any content. Provider is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Website or the Services. Under no circumstances shall Provider be responsible for any loss or damage resulting from use of the Website or the Services, attendance at an event organised through the Website or the Services. The Services are provided "AS-IS" and as available and Provider makes no representations or warranties of any kind as to the Website, the Services or the content. In particular Provider expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Provider cannot guarantee and does not promise any specific results from use of the Website and the Services. Nothing in this Agreement shall be construed as limiting or excluding Provider’s liability for death or personal injury caused by its negligence.
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This Agreement shall be governed by and interpreted in accordance with English law and you irrevocably agree that the courts of England and Wales shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the Agreement.
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This Agreement is accepted upon your use of the Website or any of the Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Provider regarding the use of the Website and the Services.
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We may from time to time run competitions, free prize draws and/or other promotions on the Website. These will be subject to additional terms and conditions that will be made known to you at the relevant time.
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From time to time we may provide games or other content for your downloading. However, the download time may vary considerably between the types of content and you agree that you are wholly liable and responsible for any telephone call and/or other charges incurred in downloading the same.
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The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with applicable laws, codes and regulations. Your dealings with any third parties, in particular advertisers and/or merchants, through the services provided by the Website and any terms, conditions, warranties or representations with such third parties are solely between you and such third party. You agree that we are not liable for such dealings, and you agree to indemnify us in the manner referred to above in the Agreement in relation to such dealings.
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You may not assign, sub-license or otherwise transfer any of your rights under the Agreement.
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The Viglen Student Portal (VSP) e-store is owned by Software2 Ltd, a UK-based company. It complies with the 1998 UK Data Protection Act relating to the personal information you supply online to the e-store. Any personal information that you provide to Software2 while registering and ordering products on the e-store is stored and controlled by Software2 Ltd.
For the purposes of the UK Data Protection Act, Software2 is the Data Controller. The personal information you provide to Software2 Limited is used for its own records, as well as for its own public relations and marketing.
In addition to personal data such as your name, e-mail address, delivery address and billing address, we also analyse data about participants in order to provide a safe shopping environment for all users. Examples of the data we may collect and analyse include the Internet protocol (IP) address used to connect your computer to the Internet, e-store username, e-store password, computer and connection information such as browser type and version, your operating system and platform, the full Uniform Resource Locators (URL) clickstream to, through and from our website (including date and time), cookie number, products you viewed or searched for, your purchase history, personal preferences and any phone number recorded or used to call our customer services number. In using the VSP e-store you accept that your personal data may be used for such purposes.
We may from time to time operate an "Email a friend" service. This is a referral service, designed to make it easy for customers to recommend products on the VSP e-store to a friend, and is a two-step process. First, a customer sends us the name and email address of a friend, and secondly, we contact the friend, telling them who we are, and drawing their attention to the product which is being recommended to them by their friend. When we contact your friend, we always advise them of the name and email address of the friend who made the original referral. We will not use your friend’ details for any other purpose.
We may occasionally modify this Privacy policy, such variations becoming effective immediately upon posting to the e-store. By continuing to use the e-store after this, you will be deemed to accept any such variations. -
We may terminate the provision of the Website or the Services or restrict your access to them without any prior notice to you where (by way of example and without limitation): (1) there is a regulatory or statutory change limiting our ability to provide the Website and/or the Services; (2) any event beyond our reasonable control prevents us from continuing to provide the Website or the Services (for example, without limitation, technical difficulties, capacity problems and communications failures); or (3) we consider in our sole discretion that you are abusing the Services provided by the Website or are otherwise acting in breach of the Agreement.
