Terms and Conditions

1. Permitted Use

Subject to what is said below, material from the Site may be downloaded, viewed, printed, copied on the hard disk of your computer (but not photocopied) and used for: your own personal, non-commercial purposes; internal business purposes; or the non-commercial purpose of using the Site as a personal information resource in good faith ONLY. Any other type of use requires the prior written agreement of Learning Links.

1.2 You agree that you will not use the Site for the posting, uploading, emailing or other transmission of any material which infringes the rights of any person or which is unlawful in any other respect; in any way which is abusive, defamatory or obscene or which will harass, distress or inconvenience any person or which might restrict or inhibit the use and enjoyment of the Secure Pages by any person; for the posting, uploading, emailing or other transmission of any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation or commercial exploitation; for the posting, uploading, emailing or other transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment; to create a database (electronic or otherwise) that includes material downloaded from the Site; to transmit or re-circulate any material obtained from the Site to any third party; or in any way that might bring Learning Links into disrepute.

1.3 Learning Links may publish any material you submit, post, upload, email or otherwise transmit to them or to the Site at their sole discretion and they shall be entitled to make additions or deletions to any such material prior to publication.

1.4 You hereby grant Learning Links a non-exclusive, royalty-free, perpetual and worldwide licence to republish any material you submit, post, upload, email or otherwise transmit to them or to the Site in any format, including without limitation print and electronic format.

1.5 You hereby waive all of the moral rights that you have under Chapter IV of the Copyright, Design and Patents Act 1988 in respect of any material you submit, post, upload, email or otherwise transmit to Learning Links or to the Site.

2. Registration

This Clause 2 shall apply where you register with Learning Links for use of the secure pages within the Site ("the Secure Pages").

2.1 You agree to provide true, accurate, current and complete information about yourself as requested by Learning Links in the registration form ("the Registration Information"). You agree to maintain and promptly update the Registration Information to keep it true, accurate, current and complete. You agree to keep the password for your access to the Secure Pages confidential and agree not to permit anyone else to have access to it. Furthermore you agree to be fully responsible for all activities that occur under your password.

2.3 You agree to ensure that you exit from the Secure Pages at the end of each session.

2.4 You agree to immediately notify Learning Links of any unauthorised use of your password.

3. Removal of material and cancellation of access to the Site

3.1 Learning Links shall have the right to cancel your registration and/or refuse you access to the Secure Pages or any other of the pages on the Site at any time and for any reason without giving you any advance notice and Learning Links shall not be liable for any losses or damages whatsoever (other than losses or damages for death or physical injury arising out of the negligence of Learning Links or its employees) arising from your inability to access any of the pages on the Site.

3.2 Learning Links shall have the right at any time and for any reason to remove from the pages on the Site any material posted, uploaded, emailed or otherwise transmitted by you without giving you any advance notice and Learning Links shall not be liable for any losses or damages whatsoever (other than losses or damages for death or physical injury arising out of the negligence of Learning Links or its employees) arising from the removal of such material.

4. Rights Clearances

The copyright, and other rights, in some of the material appearing on the Site may belong to a third party. It is your responsibility to obtain any licences or permissions that may be required to use such material and you agree to pay any costs or expenses incurred by Learning Links which arise as a result of your failure to obtain such licences and permissions.

5. Liability

5.1 Whilst every effort has been taken to ensure the accuracy of the information provided by Learning Links and its employees in these pages, the contents of the Site reflect the opinions of the writers, they are personal to them and are naturally subject to change from time to time. It is the responsibility of users to check the accuracy of relevant facts before entering into any commitment based upon them.

5.2 Learning Links can not guarantee that your use of the Site will be free from error and/or uninterrupted. Learning Links, its directors, its employees and its representatives exclude, in so far as it is legally possible, all liability and responsibility for any damages (other than liability for death or physical injury arising out of the negligence of Learning Links or its employees) including, but not limited to, indirect or consequential damages, damages for loss of opportunity or chance, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of, or in connection with, any information on the Site or any other Internet sites or the use thereof.

5.3 Some of the pages on the Site include material (including, but not limited to, advertisements) posted by third parties. Individual users and advertisers are solely responsible for the content of advertising and other material which they submit to Learning Links and for ensuring that such content complies with all relevant legislation. Learning Links accepts no responsibility for the content of material posted by third parties, including, without limitation, any error, omission or inaccuracy therein.

5.4 On some of the pages of the Site users may be given the opportunity of entering into agreements with third parties. Learning Links is not liable in relation to, and takes no responsibility for, any contract entered into by users with any third party.

6. Links

6. Links Some of the pages on the Site include links to external websites. These links are included to give users the opportunity to access other pages that it is felt may be of assistance to them. Learning Links is not responsible for the content of these Internet sites.

7. Viruses

7.1 Whilst effort has been taken to ensure that the pages of the Site are free from viruses, Learning Links gives no warranties that they are indeed free from viruses and users are responsible for ensuring that they have installed adequate virus checking software.

7.2 Learning Links excludes, in so far as it is legally possible, all liability and responsibility (other than liability for death or physical injury arising out of the negligence of Learning Links or its employees) for any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment or other material transmitted with or as part of:

(a) the pages on the Site or any other Internet sites; or
(b) any material downloaded from the Site or any other Internet sites.

8. Intellectual Property

The names, images and logos identifying Learning Links or third parties and their products and services, are the proprietary marks of Learning Links, and/or may be the proprietary marks of third parties. Any use made of these marks may be an infringement of rights in those marks and Learning Links reserves all rights to enforce such rights that it might have.

9. Variations

These terms may be varied from time to time. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the Site after any variation has been posted.

10. Severability

If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from the terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

11. Jurisdiction

The terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from matters relating to the Site shall be exclusively subject to the jurisdiction of the courts of England and Wales.

12. Learning Links (Southern) Limited

Learning Links (Southern) Limited is a company registered in England and Wales under number 3859519 and a registered charity under number 1082908 whose registered office is at 1st Floor, 2a The Hard, Portsmouth. PO1 3PU.

13. Data Protection

13.1 Learning Links is registered under, and will process your personal data in accordance with, data protection legislation.

13.2 You hereby agree that the Registration Information (and all updates of the Registration Information) and any other information sent to Learning Links by you or otherwise obtained by Learning Links about you ("the Personal Data") may be processed by Learning Links for the purposes of:
processing your requests; providing you with information by email or other means; providing you with information about products and services of Learning Links and other parties; providing a personalised service; maintaining accounts and records; administration of membership records; statistical analysis and conducting market research surveys; assessing and evaluating the use that is being made of the Site; and information and databank compilation and administration.

13.3 THE PROCESSING OF THE PERSONAL DATA MAY INVOLVE LEARNING LINKS DISCLOSING YOUR DETAILS TO REGULATORY BODIES AND/OR OTHER THIRD PARTIES. If you do not wish your Personal Data to be disclosed in this manner, please make this clear by sending an appropriately worded message to Learning Links by clicking here: spanglejelly@learninglinks.co.uk

13.4 You also consent to the transfer, storage and processing of the Personal Data to/in countries outside the European Economic Area in connection with the processing mentioned above. Your Personal Data may therefore be processed in countries where the rights and benefits conferred on data subjects may not be as favourable as in the UK and the European Union. If you would prefer not to have your Personal Data transferred in this way, please make this clear by sending an appropriately worded message to Learning Links by clicking here: spanglejelly@learninglinks.co.uk

13.5 The Site uses cookies for collecting user information and the data collected in this way may be processed in the same way as other data submitted to Learning Links (and outlined above) and for the same purposes.

13.6 From time to time we may also notify you of other goods and/or services offered by Learning Links or others. If you prefer not to receive such offers or details, or if you do not wish your Personal Data to be processed in the manner outlined above, please make this clear by sending an appropriately worded message to Learning Links by clicking here: spanglejelly@learninglinks.co.uk

Learning Links Terms & Conditions of Sale

These terms relate to contracts entered into between users of the www.spanglejelly.org.uk website ("the Site") and Learning Links (Southern) Limited ("Learning Links"). On many of the pages of the Site users are given the opportunity of entering into agreements with third parties.

THESE TERMS DO NOT RELATE TO CONTRACTS ENTERED INTO BETWEEN USERS OF THE SITE AND THIRD PARTIES AND LEARNING LINKS IS NOT LIABLE IN RELATION TO, AND TAKES NO RESPONSIBILITY FOR, ANY CONTRACT ENTERED INTO BY USERS WITH ANY THIRD PARTY.

By placing an order with Learning Links and confirming payment on the pages of the Site you agree to contract with Learning Links in accordance with the following terms and conditions of sale which are in addition to the general Terms and Conditions of Use of the Site which can be found here, to which you also agree.

1. Goods and Services

Learning Links warrants that all goods/services offered for sale by them on the Site are of satisfactory quality. Specifications on the Site of the goods/services to be sold/provided by Learning Links are not intended to be binding and are intended only to give a general description of the goods/services. Learning Links reserves the right to: make any changes in the specification necessary to comply with any applicable legal requirements; and change the specification published on the Site provided that this does not materially affect the quality or performance of the goods/services.

In all other respects, and to the maximum extent permissible, Learning Links makes no other warranties or promises about the goods/services, and any implied warranties are excluded.

2. Availability, Prices and Information

Learning Links does not promise that goods are necessarily available, and all goods are offered for sale subject to availability. Any quantities given are approximate. The price of the goods shall be the price listed on the Site on the date of your order, exclusive of VAT which is payable by you. All prices displayed on the Site are quoted in UK Pounds Sterling and must be paid in full, including delivery charges, except where discounts are offered as detailed on the website.

3. Ordering

3.1 Learning Links will treat each order for goods or services confirmed when you click on the "Make Payment" button on the Payment Page, as an offer by you to purchase the goods/services subject to these terms and conditions. You are responsible for ensuring the accuracy of your order and Learning Links shall supply you, subject to availability, with the quantity and specification of goods set out in your order.

3.2 Learning Links shall confirm each order online via the internet or by email and such confirmation shall be Learning Links's acceptance of the contract between the parties.

3.3 Where the goods/services in question are goods/services or information that are/is provided to you on-line via the internet or by e-mail you must inform Learning Links in the event that any such transmission is unsuccessful by sending an appropriately worded message to Learning Links by clicking here: spanglejelly@learninglinks.co.uk

4. Payment

You may pay using MasterCard or Visa credit card, or Visa Delta, Switch or Solo debit card. Learning Links does not offer any credit facilities and will not deliver goods to you if you do not pay for your order in full at the time of ordering.

5.1 Unless otherwise expressed, all goods/services will be sent to you by e-mail to the address that you indicate on the Payment Page and if any such transmission is unsuccessful you should send an appropriately worded message to Learning Links by clicking here: spanglejelly@learninglinks.co.uk

5.2 Where any goods/information services are to be delivered by post, delivery shall be made to the delivery address supplied by you at the time of ordering. Any times quoted for delivery are approximate only and Learning Links shall not be liable for any delay in delivery of the goods howsoever caused. Risk of damage to or loss of the goods shall pass to you at the time of delivery. Where an alternative delivery point is used according to instructions supplied by you at the time of ordering, ownership of the goods shall pass to you once the goods have been delivered, even if the goods have not been received by you in person.

6. Returns

6.1 Learning Links wants you to be totally satisfied with the goods. The warranty contained in Clause 1 above is subject to the following conditions:

the goods must be stored in appropriate conditions; if you do not store them in appropriate conditions Learning Links can not be held responsible for faults or problems that arise as a result

any claim by you in respect of any shortages and/or defects in the goods/services must be notified to Learning Links by you within seven days of the delivery date; failure to so notify will, subject to cancellation (see below), deem you to have accepted the goods.

6.2 Where you make a valid claim in respect of any shortages or defects and Learning Links is liable for the claim, it can at its option make up the shortages or replace the goods free of charge, or refund the price of the goods in question to you, but Learning Links shall have no further liability to you.

6.3 If delivery is not refused and you do not notify Learning Links accordingly, Learning Links shall have no liability for any defects and you shall be bound to pay for the goods.

7. Cancellations

7.1 Cancellation of orders will only be accepted if an email (which could be sent to Learning Links by clicking here: spanglejelly@learninglinks.co.uk or letter of cancellation containing your order number, name and address is received by Learning Links within seven working days from receipt of the goods/services.

7.2 Learning Links will confirm any cancellation by email and will repay you within 30 days from receipt of your cancellation without any further charge to you except the direct cost of returning the goods.

7.3 You shall have no right of cancellation where the order is for goods or services: the price of which is dependent on fluctuations in the financial market which can not be controlled by Learning Links; which are made to your specifications or clearly personalised; can not be returned or are liable to deteriorate or expire rapidly; involving the supply of audio or video recordings in any format or computer software, have been provided in a sealed package and have been unsealed by you; which involve the supply of newspapers, periodicals or magazines; or which involve gaming and lottery services.

8. Limitation of Liability

Learning Links's liability to you is limited to the making up of any shortfall, replacement, or refund of the price of the goods, as provided for in clauses 6 and 7. Learning Links is not responsible to you to any greater extent and in particular is not liable to you for any indirect or consequential loss (including without limitation financial loss such as loss of profit, or otherwise) which you may incur for whatever reason, as a consequence of its failure to comply with these terms and conditions. For the avoidance of doubt nothing in this clause or in any other clause of these terms shall serve to exclude or limit Learning Links's liability in respect of death or personal injury caused by its negligence or the negligence of its officers or employees.

9. Variations

These terms may be varied from time to time. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the Secure Pages after any variation has been posted.

10. Severability

If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

11. Jurisdiction

The terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from matters relating to the Site shall be exclusively subject to the jurisdiction of the courts of England and Wales.

12. Learning Links (Southern) Limited

Learning Links (Southern) Limited is a company registered in England and Wales under number 3859519 and a registered charity under number 1082908 whose registered office is at 1st Floor, 2a The Hard, Portsmouth PO1 3PU.

13. Data Protection

Learning Links is registered under, and will process your personal data in accordance with, data protection legislation. Any personal data that is provided to Learning Links in the course of any transaction with you (with the exception of any credit card details which shall be kept confidential) shall be processed in accordance with Clause 13 of Learning Links's Terms and Conditions of Use of the Site which can be found above.

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