Terms and Conditions

Website Terms and Disclaimers
de Brus Marketing Services Limited ('DBM')

General website conditions
(for paper-based programme terms and conditions please see below)

Your use of this website is governed by the conditions set out below. In accessing this website you agree to be bound by these conditions.
 
For identification purposes, we are de Brus Marketing Services Limited (DBM), a company registered in England (No.1741045) and our registered office is at 31-33 Warwick Street, Leamington Spa, Warwickshire CV32 5JX, United Kingdom.
 
If you do not accept the website conditions, you must not use the site.
If you experience problems with our website or have comments please email: info@educare.co.uk


1. Availability of the website

1.1 DBM reserves the right to withdraw its website at any time without warning. Wherever possible, DBM shall give notice in advance of any withdrawal.
1.2 In accessing this website, you may download materials on a single computer for personal and non-commercial use, subject to other restrictions in these terms and conditions. Further, in accessing this website, you agree that:
(a) you will not use this site for any purpose that is unlawful or prohibited by these terms and conditions;
(b) you will not exploit (in any way) for a commercial purpose any part of this website without the prior written consent of DBM;
(c) you will not use this website to collect or store personal information about other users of this website;
(d) you will not seek to gain unauthorised access to any part of this website or in any way affect adversely the operation of this website; and
(e) you shall be responsible for ensuring, at your own cost, that your computer system is protected from viruses or anything else that may damage its operation in respect of accessing, using or downloading from this website.

2. Representation

2.1 We represent that we shall:

(a) exercise reasonable care in compiling this website;
(b) use reasonable efforts to make this website available to you at all times; and
(c) take the steps set out (see "Privacy") to secure any personal data which you provide to DBM in any context.

3. Exclusions and limitations

3.1 We do not represent or warrant that access to this website or any part of it will be uninterrupted, reliable or fault free.

3.2 We do not represent or warrant that any services, (whether or not provided by us) will be provided with due care or skill or that any goods (whether or not provided by us) will be of satisfactory quality or will be fit for any purpose (even if that purpose has been previously notified to us).

3.3 To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:

(a) any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to this website or any information on this website;
(b) unavailability of this website (or any part of it) or of any services;
(c) any misrepresentation on or relating to this website or any services provided (other than a fraudulent misrepresentation made by DBM or made on our behalf).

3.4 Our maximum liability to you in respect of your use of this website or any services we provide or make available to you through or in relation to this website will be the amount of any payments you make for any products or services bought from DBM during the year in which the liability arises or £250 (whichever the lower). You agree that we shall have no liability for indirect or consequential losses, loss of data, income or profits or damages for loss of or damage to property.

3.5 Subject to your statutory rights, you agree that each of these limitations is reasonable having regards to the nature of this website.

3.6 None of the above exclusions shall affect any statutory rights which are not capable of being excluded and each of the above exclusions shall be construed as a separate and severable provision of these conditions. 
 
4. Disclaimer

4.1 This website is provided by DBM on an 'as is' basis. Whilst the information on this website has been prepared in good faith, no warranties or representations of any kind, express or implied, are given as to the accuracy or completeness of the information.

4.2 DBM, its employees, representatives or agents shall not be liable for any loss, damages or expenses of any kind (whether direct, indirect or consequential, save for death or personal injury caused by the negligence of DBM), resulting from the use of any information or material contained or referred to on this website.

4.3 DBM reserves the right to amend these website terms and conditions without prior notice. 

5. Links/Third party websites

DBM makes no warranties or representations as to the content, security, quality or other feature of any website which may be accessed through this website and accepts no liability for any loss or damage caused by the use or reliance on any such website and inclusion of any link to or from this website does not imply endorsement or approval by DBM of the linked site, its operator or its content.

6. Intellectual property rights

6.1 All intellectual property rights (inclusive of but not limited to first publication rights, copyright, database rights, registered and unregistered trade marks and registered and unregistered designs) in this website are the property of DBM, unless otherwise stated. All rights to such intellectual property are reserved.

6.2 This website (and all contents, designs, images, text, graphics, software, compilations and source codes) is protected by copyright in the United Kingdom and other jurisdictions. Reproduction of any part of this website, in any form whatsoever, other than for private and personal use, is strictly prohibited (save where the written consent of DBM has been granted).

6.3 Intellectual property rights of third parties including trade marks and trade names which appear on this website are the property of respective third parties.

7. No commercial use

You agree that you will use this website only for your internal purposes and that you shall not exploit this website or any of its contents for any commercial purpose.

8. Internet security

8.1 If correspondence or information is sent to us by electronic means through this website, it is sent at the sender's risk. DBM cannot guarantee that such communications will be confidential or will reach the intended recipient unaltered.  

8.2 Whilst DBM will do all that is reasonable to secure the website, due to the nature of the technology, users should be aware of the provisions of Condition 8.1 above.

9. Privacy

9.1 DBM has taken reasonable steps to protect the privacy of all users of this website.

9.2 Personal information may be collected when the user logs on to this website, or when the user accesses certain pages or sends an email.  By continuing to use this website, you consent to the processing of personal information about you. (DBM do not use 'Cookies' on this website but may do so at some point in the future. In any case, it is possible for the user to disable this option on their internet browser.
(In this Condition 9.2, Cookies are text files on your computer which contain information which may be used to identify you personally. They enable DBM to recognise you when you return to this website).

9.3 DBM will not sell, rent or loan personal information to anyone. However, we may disclose information about you to our business associates, professional advisers, employees or agents, providers of goods or services or any official bodies as required by law.

9.4 Personal data is protected in the UK by the Data Protection Act 1998. Under this Act, DBM will only process any data we hold about you in a lawful and fair manner. We will keep your data securely to prevent unauthorised access by third parties.

9.5 Where this website(s) provides a link to another website, users should be aware that the other website(s) will have its (their) own privacy and data protection policies.

9.6 If you have any questions or concerns about privacy and security or this website, please contact: info@educare.co.uk

9.7 DBM reserves the right to make a nominal charge if you request access to your contact details held on DBM's database more than once in any 12 month period. This does not affect your rights under the Act.

10. Third party rights

Where in these conditions, representations and warranties are made to us and to suppliers of goods and services, you acknowledge and agree that such representations and warranties are intended to grant rights to, and operate for the benefit of all such suppliers and each supplier may rely upon and enforce such representation and warranties against you by virtue of the Contracts (Rights of Third Parties) Act 1999.

11. Enforcement

The failure by DBM to enforce any of the website conditions does not act as a waiver of the right to enforce such conditions.

12. Severability

If any of those conditions are declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable then that provision shall be limited to the minimum extent necessary so that these conditions shall otherwise remain in full force and effect and enforceable.

13. Entire conditions

These conditions supersede any prior or other agreement or terms and conditions between the parties whether written or oral.

14. No Waiver

No waiver by DBM of any breach of these Conditions by the user shall be treated as a waiver of any subsequent breach of the same or any other condition.

15. Applicable law

This website and the conditions relating to its use, are governed by and construed in accordance with English law and the English courts have exclusive jurisdiction in dealing with disputes, of whatever nature, arising there from. 

16. Changes

16.1 Any changes to these Conditions will be posted on this website and will take effect immediately.  These Conditions were last updated in April 2007.

16.2 We reserve the right at any time without notice to revise the content of this website (including the services offered by DBM) and these conditions. Continuing to use this website following any change conditional to paragraph 16.1 will signify that you agree to be bound by the revised conditions.

	Terms and Conditions - Governing the Agreement Between the Customer (‘You’) and de Brus Marketing Services Ltd.
	At the moment that de Brus Marketing Services Limited (DBM) accepts your order, a binding legal contract exists between you and DBM. The contract is subject to the terms and conditions set out below. BY PLACING AN ORDER FOR THE GOODS YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS AND CONDITIONS. These terms and conditions, the advertised prices of the products and your order constitute the entire agreement between you and DBM.
1	EDUCARE and EDUSAFE are the trading names of de Brus Marketing Services Ltd, a company registered in England (No. 01741045), whose registered office is at 31-33 Warwick Street, Leamington Spa, Warwickshire CV32 5JX, United Kingdom. DBM's VAT registration number is 398 3384 00
	Whilst DBM makes every effort to ensure that the descriptions and content of programmes on any of its media are current, DBM does not give any warranty as to the accuracy of any such information. The programmes listed in any brochure, promotional material, website or any other medium, constitute an invitation to treat. DBM cannot guarantee programme availability. Should a programme be temporarily (or permanently) unavailable, DBM shall notify you accordingly and you shall be given the option to cancel the order. If you do not cancel the order, you will be deemed to have accepted the new date for availability (where appropriate).
2
3	All prices for UK customers include VAT at 17.5%. Prices are subject to alteration. However, any change in price will be notified to you prior to your acceptance of the order.
4	DBM shall not be liable for a failure to deliver programmes or any delay in doing so or for any damage or defect to products delivered that is caused by any event or events beyond our control, including but not limited to, an act of God, hostilities, terrorism, industrial strikes, lock-out or other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident. You must report any damage in transit within 7 days of receipt. This does not affect your statutory rights as a consumer.
5	Under the Consumer Protection (Distance Selling) Regulations 2000 you have the right to cancel your contract with DBM provided you notify us within 7 working days and act in accordance with these terms and conditions. Cancellation must be notified in writing and is only effective when we confirm it to you in writing. You do not need to state the reason for cancellation nor will you have to pay any penalty but you must return the programmes to us at your own expense. We shall reimburse the cost of carriage to you on condition that the programmes are returned in a reasonable condition permitting us to re-sell them. Once we have accepted your cancellation, any payment received will be refunded within 14 days.
6	DBM shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising. DBM shall only be liable for direct losses caused by DBM (except for liability for death or personal injury where there is no limit) up to a maximum of the price of the programmes giving rise to the claim.
7	If any provision of these terms and conditions is declared by any judicial or any other competent authority to be void, voidable, illegal or otherwise unenforceable then that provision shall be limited to the minimum extent necessary so these terms and conditions shall otherwise remain in full force and effect and enforceable.
8	These terms and conditions supersede any prior or other agreement between the parties whether written or oral.
9	No waiver by DBM of any breach of these terms and conditions by you shall be treated as a waiver of any subsequent breach of the same or any other provisions.
10	DBM reserves the right to make a nominal charge if you request access to your contact details held on DBM's database more than once in any 12 month period. This does not affect your rights under the Data Protection Act 1998.
11	These terms and conditions shall be governed by and construed in accordance with the laws of England and the English courts shall have exclusive jurisdiction to decide any dispute concerning the terms and conditions or the subject matter of these terms and conditions.

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