Terms and conditions of use
(Updated July 2016)
These terms and conditions shall govern your use of our website. By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
This document was created using a template from SEQ Legal (http://www.seqlegal.com).
3. Copyright notice: © 2016 EnglishRadar
Subject to the express provisions of these terms and conditions we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and all the copyright and other intellectual property rights in our website and the material on our website are reserved.
4. Licence to use website
4.1. You may (subject to the other provisions of these terms and conditions):
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
(e) use our website services by means of a web browser.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
4.3 You may only use our website for your own personal purposes, and you must not use our website for any other purposes.
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
4.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
4.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
5. Acceptable use
5.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
6. Registration and accounts (Teacher Zone)
6.1 To be eligible for an account on our website you must be at least 18 years of age. You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you (subject to approval). We reserve the right to reject accounts and requests to be listed.
6.2 You must not allow any other person to use your account to access the website, and you must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.3 You must not use any other person's account to access the website.
6.4 You must meet our criteria to be listed as a teacher and provide proof if required. Listing fees will be charged and current fees can be obtained in writing from firstname.lastname@example.org. Payment must be made by bank transfer in advance and you will be contacted before renewal.
7. User login details (Teacher Zone)
7.1 If you register for an account with our website, you will be asked to choose a Username and Password. Your username must not be liable to mislead and you must not use your account or username for or in connection with the impersonation of any person.
7.2 You must keep your password confidential and you must notify us in writing immediately if you become aware of any disclosure of your password.
7.3 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
8. Cancellation and suspension of account (Teacher Zone)
8.1 We may suspend your account, cancel your account; and/or edit your account details at any time in our sole discretion without notice or explanation.
8.2 You may cancel your account on our website in writing by email to email@example.com.
8.3 If you cancel a listing during a listing period, you will not be entitled to a refund.
9. Your content: licence (Teacher Zone)
9.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
9.5 You may edit your content to the extent permitted using the editing functionality made available on our website.
9.6 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
10. Your content: rules (Teacher Zone)
10.1 You warrant and represent that your content will comply with these terms and conditions.
10.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
11. Limited warranties
11.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
12. Limitations and exclusions of liability
12.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions are subject to Section 12.1, and govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
12.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
13. Breaches of these terms and conditions
13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) temporarily suspend your access to our website;
(b) permanently prohibit you from accessing our website;
(c) block computers using your IP address from accessing our website;
(d) contact any or all of your internet service providers and request that they block your access to our website;
(e) commence legal action against you, whether for breach of contract or otherwise; and/or
(f) suspend or delete your account on our website.
13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking.
14.1 We may revise these terms and conditions from time to time.
14.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
17. Third party rights
17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
18. Entire agreement
18.1 Subject to Section 12.1, these terms and conditions, together with our Privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
19. Law and jurisdiction
19.1 These terms and conditions shall be governed by and construed in accordance with German law.
19.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Germany.
20. Our details
21.1 This website is owned and operated by Michael Brewster, Bistritzer Weg 14, 81829 München, Germany.
21.2 You can contact us by email firstname.lastname@example.org.
Privacy and cookies policy
(Updated July 2016)
This document was created using a template from SEQ Legal (http://www.seqlegal.com).
3. Collecting personal information
3.1 We may collect, store and use the following kinds of personal information:
(a) information about your computer and about your visits to and use of this website including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths);
(b) information that you provide to us when registering with our website and completing your profile;
(c) information that you provide to us when using the services on our website, or that is generated in the course of the use of those services;
(d) information contained in or relating to any communication that you send to us or send through our website;
(e) any other personal information that you choose to send to us.
3.2 Before you disclose to us the personal information of another person, you must obtain that person's consent to both the disclosure and the processing of that personal information in accordance with this policy.
4. Using personal information
4.1 Personal information submitted to us through our website will be used for the purposes specified in this policy or on the relevant pages of the website.
4.2 We may use your personal information to:
(a) communicate with you;
(b) administer our website and business;
(c) enable your use of the services available on our website;
(d) provide third parties with statistical information about our users (but those third parties will not be able to identify any individual user from that information);
(e) keep our website secure and prevent fraud.
4.3 If you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the licence you grant to us.
5. Disclosing personal information
5.1 We may disclose your personal information (e.g. to employees, professional advisors) to insofar as reasonably necessary for the purposes set out in this policy.
5.2 We may disclose your personal information:
(a) to the extent that we are required to do so by law;
(b) in connection with any ongoing or prospective legal proceedings
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
5.3 Except as provided in this policy, we will not provide your personal information to third parties.
6. Retaining personal information
6.1 Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
7. Security of personal information
7.1 We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
8.1 We may update this policy from time to time by publishing a new version on our website.
9. Third party websites
9.1 Our website includes hyperlinks to, and details of, third party websites.
9.2 We have no control over, and are not responsible for, the privacy policies and practices of third parties.
10. Updating information
10.1 Please let us know if the personal information that we hold about you needs to be corrected or updated.
11.2 Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
11.3 Most browsers allow you to refuse to accept cookies, blocking all cookies may have a negative impact upon the usability of many websites. If you block cookies, you may not be able to use all the features on our website.
11.4 You can delete cookies already stored on your computer. Deleting cookies may have a negative impact on the usability of many websites.
12. Our details
14.1 This website is owned and operated by Michael Brewster, Bistritzer Weg 14, 81829 München, Germany.
14.2 You can contact us by email email@example.com.