Terms and Conditions

Keystage History Online Ltd

USER TERMS

Please read this Agreement carefully as it governs your use of the keystagehistory.co.uk

website (the “Site”). By continuing to use the Site you are agreeing to the

terms that appear below. These terms were last updated on 6 November 2008.

PART A: GENERAL TERMS

1. Provision of Service

1. The Site is owned and operated by Keystage History Online Ltd (company number 6682420), whose registered office is Queens House, New Street, Honiton, Devon EX14 1BJ.  If you are accessing the service under your school’s subscription arrangement, the terms agreed on behalf of your school will apply and will prevail over this Agreement.

2. Limited Rights to Use Content

(i) All material displayed on the Site (“Content”) belongs to Keystage History Online Ltd or its licensors.  Subject to clause 2.2, you may retrieve and display the Content on a computer screen, print individual pages on paper and store such pages in electronic form on disk (but not on any server or other storage device connected to an external network) for your own personal, educational, non-commercial purposes.

(ii) Most of the Content on the Site is owned by Keystage History Online Ltd but certain Content is used under licence from third parties (“Third Party Content”) and will be marked with the copyright notice of those third parties. Some of the Third Party Content will be subject to additional restrictions – the relevant copyright notice will make it clear where that is the case. You must comply with such restrictions.

3. You may not (without prior written permission from Keystage History Online

Ltd):

(i)   redistribute any of the Content or supply it to other people (including by using it as part of any library, archive, intranet or similar service);
(ii)  remove the copyright or trade mark notice from any copies of Content made under this Agreement;
(iii) create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content;
(iv) except as expressly set out above, modify, reproduce or in any way commercially exploit any of the Content.

(v)  intentionally or unintentionally violate any applicable

law or regulation.
(vi) “stalk” or otherwise harass another;
(vii) or collect or store personal data about other users.

4. Limited Warranties

Keystage History Online Ltd will use its reasonable skill and care in making the Site available to you and in ensuring its continuing availability. However, because of the number of sources from which

www.keystagehistory.co.uk obtains the Content and because of the nature of the Internet,

www.keystagehistory.co.uk does not give you any other warranties. In particular, you should not take the accuracy or availability of the information for granted. Keystage

History Online Ltd makes no warranty that the Site is free from infection by viruses or anything else that has contaminating or destructive properties.

5. Limitation of Liability

(i) With regard to the Subscription Services, you agree that your exclusive remedy (in respect of any claim for breach of contract, negligence or otherwise) shall be limited to correction of the relevant Subscription Service or, at your option, a refund of the amount you have paid to Keystage History Online Ltd to receive the relevant Subscription Service less any reasonable allowance for your receipt of the functioning service.

(ii) Except where we have expressly agreed otherwise, neither you nor

Keystage History Online Ltd will be responsible for any losses that the other suffers as a result of a breach of this Agreement except those losses which are a foreseeable consequence of the breach. Neither party will be responsible for indirect losses which happen as a side-effect of the main loss or damage and which are not foreseeable by

Keystage History Online Ltd and you (such as loss of profits or loss of data).

6. Privacy Policy

The information that you provide about yourself to Keystage History Online

Ltd will only be used by Keystage History Online Ltd.  in accordance with its Privacy Policy (see below). Please read the Privacy Policy carefully and if you have any questions please email

keystagehistory@btconnect.com.

7. Changes

Keystage History Online Ltd is continually seeking to improve the Site and services offered. Keystage

History Online Ltd. reserves the right, at its discretion, to make

changes to any part of the Site. In respect of any Subscription

Services, we will ensure that any changes do not materially decrease

the functionality of those services.

8. Links

The Site contains links to other web sites and resources and, where possible,

Keystage History Online Ltd. will make clear where such links are being made. Independent third parties provide these sites and

Keystage History Online Ltd is not responsible and shall not be liable for the availability or content of these outside resources.

9. General

(i)  In respect of the free parts of the Site, there is no specific time limit applying to your access and use. However, Keystage History Online Ltd reserves the right to suspend or terminate your access and use of the free parts of the Site at any time. It may exercise the right with or without notice.

(ii) You may not assign, sub-licence or otherwise transfer this Agreement or your rights of access to the Site.

(iii) Failure by either party to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.

(iv) A person who is not party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

(vii) English law will apply to this Agreement and both you and Keystage History

Online Ltd agree to submit to the non-exclusive jurisdiction of the English Courts.

10. The Terms: Provision of All Paid-For Subscription Services

(i) You must provide Keystage History Online Ltd with accurate and complete registration information, including valid credit card details. On registration, you will choose a user name and password (“ID”). It is your responsibility to update

Keystage History Online Ltd of any changes to that information (including your email address) by emailing . If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID, you must notify

Keystage History Online Ltd immediately by email. Keystage History Online Ltd will try to process your subscription promptly but does not guarantee that any Subscription Service will be available to you by any specified time. By submitting your order you are agreeing that we may process your subscription and begin the service – once we have done so, you will not be able to cancel the order and receive a refund of the fee paid.

(ii)  Each subscription for any Subscription Service is solely for use by you.

Any sharing of passwords or user name will constitute a breach of

this Agreement. Keystage History Online Ltd reserves the right to monitor usage of the Subscription Services using your ID. In the event that unauthorised users are accessing any Subscription Service using your ID then, without prejudice to its other rights and remedies,

Keystage History Online Ltd reserves the right to charge you an amount equal to the charges which would have been payable had each unauthorised

user subscribed for the Subscription Services themselves.

If Keystage History Online Ltd reasonably believes that your ID is being used in any way which is not permitted by this Agreement,

Keystage History Online Ltd reserves the right to suspend access rights immediately

without notice and to block access from your ID until the issue has been resolved.  Keystage History Online Ltd may terminate this Agreement by giving notice to you if you are in breach of this Agreement and in such case,

Keystage History Online Ltd is not obliged to refund you any fees.  Keystage

History Online Ltd may terminate this Agreement if it discontinues the Subscription Service, in which case it will give you reasonable notice and you are entitled to a refund of that part of any fee which relates to the unexpired period of the relevant service.

Any other refunds will be given at the discretion of the Company Management.

PART B. PRIVACY POLICY

At Keystage History Online Ltd we are absolutely committed to protecting your privacy. Our policy can be summarised in one sentence:

we will not share your information with others without your prior

consent.

a. We will respect your e-mail privacy, and will send you unsolicited mail from

Keystage History Online Ltd only if you have agreed to this.

b. We will not pass on any individual user details (including your e-mail address)

unless we have your prior consent.

c.  Aggregate statistics about our users, sales and traffic

patterns will be for the sole use of Key Stage History Online Ltd.

1) Information Collected

(a) It is necessary for Keystage History Online Ltd to collect your personal information for the purposes of registering you as a user of the website www.keystagehistory.co.uk

(the “Site”). Your responses also help us to provide as complete a

service as possible for you by ensuring that the Site reflects your

needs and requirements.

(b) Keystage History Online Ltd collects data listing which of www.keystagehistory.co.uk’s pages are most frequently visited and by which type of users.

2) Data Protection and Disclosure

(a) Keystage History Online Ltd maintains registrations and takes all reasonable endeavours to comply with all requirements of the UK Data Protection Act 1998 and any regulation created under it.

(b) Keystage History Online Ltd will not disclose any of your personally identifiable information except with your permission or under special circumstances such as when it believes in good faith that the law requires disclosure.

3) Further Use of Information

(a) Keystage History Online Ltd may occasionally send you communications about products and services that it feels may be of interest to you unless you indicate that you are not interested in receiving such offers or information from us.

(b) Keystage History Online Ltd does not sell, trade or rent user information to others unless you have given us permission. With your permission,

Keystage History Online Ltd will only share your information with carefully chosen, reputable and trustworthy third parties.

(c) Keystage History Online Ltd will not pass on your personal information unless you have given your prior consent. Otherwise,

Keystage History Online Ltd will only share aggregate statistics about sales and

traffic patterns with any advertisers that might at some future date

use the site, but these statistics will not include any personally

identifiable information.

4) Cookies

In addition to the information which you supply when you register with us, information and data may be automatically collected through the use of cookies. Cookies are small text files a web site can use to recognise repeat users and allow

Keystage History Online Ltd to observe behaviour and compile aggregate data in order to improve the Site. Cookies make it possible for

Keystage History Online Ltd to identify registered users without needing to ask for registration details every time you access the Site. Using cookies also means that accessing the Site is more convenient for you as you do not need to remember your username and password each time you enter the Site.

5) Keystage History Online Ltd Security Policy

(a) No data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information,

Keystage History Online Ltd cannot ensure or warrant the security of any information you transmit to

Keystage History Online Ltd and you do so at your own risk.

(b) Following transmission, Keystage History Online Ltd will make best

efforts to ensure the security of the information on its systems.