1. Copyright Statement
"The content of this Web site is the copyright of Physical Education Primary Ltd. Physical Education Primary Ltd's copyright must remain on all reproductions and material accessed from this Web site ("Material").
You may download, store and use the Material for your personal use and research or that of your firm or company (including schools). You may not republish, retransmit, redistribute or otherwise make the Material available to any other party or make the same available on any web site, on-line service or bulletin board of your own or any other party or make the same available in hard copy or on any other madia without Physical Education Primary Ltd's express prior written consent."
Copyright © 2004, Physical Education Primary Ltd.
All rights reserved
2. Disclaimer Statement
By using this Web site, you expressly agree that such use is at your own risk.
Physical Education Primary Ltd. endeavours to provide a service of the highest quality, but cannot guarantee that our service will be uninterrupted or error free, or that the service will reach the intended recipient.
PHYSICAL EDUCATION PRIMARY LTD PROVIDES THIS WEB SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEB SITE OR ITS OPERATION, CONTENTS, PRODUCTS OR SERVICES.
PHYSICAL EDUCATION PRIMARY LTD. DOES NOT REPRESENT OR WARRANT THAT INFORMATION AVAILABLE ON THIS WEB SITE IS ACCURATE, CURRENT OR COMPLETE, AND WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TO THE FULL EXTENT PERMITTED BY THE APPLICABLE LAW.
IN NO EVENT SHALL PHYSICAL EDUCATION PRIMARY LTD. BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY, IN ANY MANNER (INCLUDING NEGLIGENCE) FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM YOUR USE OF , OR INABILITY TO USE, THIS WEB SITE. EVEN IF PHYSICAL EDUCATION PRIMARY LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. BY USING THIS WEB SITE YOU AGREE THAT THIS LIMITATION WILL APPLY TO ALL SERVICES, CONTENT, GOODS OR SERVICES AVAILABLE THROUGH THIS WEB SITE. IN THE EVENT THAT THE APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, YOU AGREE THAT IN NO EVENT SHALL PHYSICAL EDUCATIONPRIMARY LTD'S TOTAL LIABILITYTO YOU FOR ALL DAMAGES, LOSES AND CAUSES OF ACTION OF ANY KIND EXCEED THE AMOUNT, IF ANY, YOU HAVE PAID PHYSICAL EDUCATION PRIMARY LTD FOR ANY GOODS OR SERVICES PURCHASED FROM THIS WEB SITE.
You must ensure that the Material accesed or purchased from this Web site is implemented in a manner and an environment which is safe and suitable for all the individuals involved. Physical Education Primary Ltd. cannot be held responsible for improper implementation of the Material or any deviation from normal teching standards.
Any hypertext links to other web sites are provided for convenience only, and Physical Education Primary Ltd. assumes no responsibility or liability whatsoever for the contents of those web sites linked to, or any products or services advertised or sold on those web sites.
3. Conditions of Security
3.1 In order to access the Service [the service provided by Physical Education Primary Ltd. whereby the Customer can gain access to Physical Education Primary Ltd’s on-line education service network currently known as www.peprimary.co.uk], the Customer [the educational institution or individual named upon subscribing to Physical Education Primary Ltd’s web site, www.peprimary.co.uk], will be issued a unique log in ID and password. The Customer is responsible for the security and proper use of all user IDs and passwords used in connection with the Service (including changing passwords on a regular basis) and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised people.
3.2 The Customer must immediately inform Physical Education Primary Ltd. If there is any reason to believe that a log in ID or password has or is likely to become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way.
3.3 Physical Education Primary Ltd. reserves the right to suspend log in ID and password access to the Service if at any time Physical Education Primary Ltd. considers that there is or is likely to be a breach of security.
3.4 Physical Education Primary Ltd. reserves the right (at its sole discretion) to require the Customer to change any or all of the passwords used by the Customer in connection with the Service.
3.5 The Customer must immediately inform Physical Education Primary Ltd. of any changes to the information the Customer supplied when registering for the Service.
4.1 The Service is provided solely for the Customer's own use (including use by Authorised Users) and the Customer will not resell or attempt to resell the Service or allow access to the service (or any part or facility of it) to any third party.
4.2.1 The Content [the information, photographs and any other materials (in whatever form) or services which may be made available to the Customer as part of the Service], is protected by copyright, trademark and other intellectual property rights, as applicable. The Customer must not and must not permit anyone else to copy, store, adapt, modify, transmit, distribute externally (and if the Customer accesses the Service from a LAN other than to Authorised Users on such LAN), perform, play or show in public, broadcast or publish any part of the Content, and the Content may only be used for the Customer's own purposes.
4.2.2 The Customer is entitled to download and store the Content solely for its own use for the duration of this Contract [this means, in order of precedence, any conditions displayed online as referred to in paragraph 4.5 below]. At the end of this Contract, the Customer must destroy or erase any Content that has been copied, downloaded or stored during this Contract and, if Physical Education Primary Ltd. requires, will confirm in writing to Physical Education Primary Ltd. that is has done so.
4.2.3 If the Customer downloads and stores any Content, the Customer must destroy or erase any Content at the time that the Customer's licence to use such Content ends.
4.3 The Customer is only allowed to use the Service for the purposes of education and must not commercially exploit any Content to the commercial detriment of any supplier to Physical Education Primary Ltd. of Content.
4.4 The Content supplied to Physical Education Primary Ltd. by third parties and Physical Education Primary Ltd. cannot warrant or guarantee the accuracy or completeness of any of the Content or any further information or results which may be derived from it. The Customer acknowledges that it is the Customer's responsibility to evaluate the accuracy and completeness of the Content. In particular the Customer acknowledges that it is not entitled to rely on any Content in making any decision and that the Customer's use of the Content (for whatever purpose) is at the Customer's sole risk.
4.5 The Customer acknowledges that there may be additional conditions displayed on line relating to particular Content. If the Customer chooses to access such Content those online conditions will also form part of this Contract.
4.6 The Customer shall be responsible for the creation, maintenance and design of all Customer Information [information, photographs and any other materials (in whatever form) published or otherwise made available on Physical Education Primary Ltd’s web site, www.peprimary.co.uk (directly or indirectly) by or on behalf of the Customer by using the Service].
4.7 The Customer warrants that the Customer Information is and will remain accurate and correct and will not include any information or material, any part of which, or the accessing of which would be a criminal offence or otherwise unlawful. In particular the Customer warrants that all necessary licences and consents (including but not limited to those from owners of copyrights or performing rights) have been obtained.
4.8 The Customer warrants that it will comply with all consumer and other legislation, instructions or guidelines issued by regulatory authorities, relevant licences and any other codes of practice which apply to the Customer or Physical Education Primary Ltd. and which relate to the provision of Customer Information provided that Physical Education Primary Ltd. has given notice to the Customer of those which apply to Physical Education Primary Ltd.
4.9 The Service must not be used:
4.9.1 fraudulently or in connection with a criminal offence or giving rise to any civil liability;
4.9.2 in breach of any instructions Physical Education Primary Ltd. has given;
4.9.3 to send or provide unsolicited advertising or promotional material or to receive responses to any unsolicited advertising or promotional material sent or provided using the Service or by any third party;
4.9.4 other than in accordance with the acceptable use policies of any connected networks and the Internet Standards.
4.10 If the Customer or anyone else, with or without the Customer's knowledge or approval, uses:
4.10.1 the Service in contravention of paragraphs 4.1, 4.2, 4.3 or 4.9; or
4.10.2 the server capacity or the Software made available to it in any way which, in Physical Education Primary Ltd.’s opinion, is, or is likely to be, detrimental to the provision of the Service to the Customer or any other customer and fails to take corrective action within a reasonable period of receiving notice from Physical Education Primary Ltd., Physical Education Primary Ltd. can treat the contravention as a material breach of this Contract.
4.11 The Customer must indemnify Physical Education Primary Ltd. against any claims or legal proceedings which are brought or threatened against Physical Education Primary Ltd. by a third party because:
4.11.1 the Service is used in breach of paragraph 4; or
4.11.2 the Service is faulty or cannot be used by that third party.
and Physical Education Primary Ltd. will notify the Customer of any such claims or proceedings and keep the Customer informed as to the progress of such claims or proceedings.
4.12 Physical Education Primary Ltd. reserves the right to suspend user log in ID and password access to the Service if at any time Physical Education Primary Ltd. considers that there is likely to be a breach of one of the conditions of this Contract.
Copyright © 2004, Physical Education Primary Ltd.