Welcome to the Terms of Service for www.hastingsbusinessschool.com. The services available at www.hastingsbusinessschool.com are provided by Hastings Business School Ltd whose registered office is at 67 London Road, St Leonards-on-Sea East Sussex TN37 6AR (registered company number 03668464). (“Hastings Business School”, “we”, “us” or “our”).

It is important that you read these terms carefully. The Terms of Service describe the terms and conditions applicable to your use of our services, for both users and merchants, available under the domain at http://www.hastingsbusinessschool.com (the “Site”) . Amongst other things, they exclude or restrict our liability for loss or damage arising from your use of the Site.

By accessing and using the content of the Site you agree to be bound by the terms and conditions set out herein and you accept our Privacy Policy. If you do not agree to be bound by the Terms of Service, you should not use the Site and should leave immediately.

Copyright

All intellectual property of Hastings Business School such as trademarks, trade names, patents, registered designs and any other automatic intellectual property rights derived from the aesthetics or functionality of the Site remain the property of Hastings Business School.

By using the Site you agree to respect the intellectual property of Hastings Business School and will refrain from copying, downloading, transmitting, reproducing, or exploiting for commercial purpose any material contained within the Site.

Using the Site

You agree that you shall not use the Site for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the Site in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Site. You also agree not to compromise the security of the Site or attempt to gain access to secured areas or sensitive information.

You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Hastings Business School and the appropriate third party, as applicable; (iii) or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. We do not authorise you to extract or re-utilise parts of our Site, or to make systematic and repeated extractions or re-utilisations of parts of our Site.

User verification on the Internet is difficult, hence Hastings Business School cannot and does not confirm the purported identity of users or the validity of the information which users post to the Site.

Without limiting any other remedies, we may suspend or terminate your account if we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, fraudulent activity in connection with the Site.

You must choose a password on completion of registration. You are responsible for all actions taken under that password and shall only use or utilise the Site using your own password. You must use every effort to keep your password safe and should not disclose it and not permit, either directly or indirectly, any other person to utilise your password.
All contracts and transactions for goods or services will be made directly between the user and the relevant merchant.  This will mean that there will be separate terms and conditions governing the contract as each merchant will have its own terms and conditions relating to the supply of those goods or services.  All users must ensure that they have read the relevant merchant’s terms and conditions before completing a transaction and by placing an order for goods or services from a merchant, users will be deemed to have accepted that merchant’s terms and conditions.  Hastings Business School and Partners are not responsible for providing any goods or services ordered by users.
The merchants’ websites will each have their own delivery options and refund policies.  Please familiarise yourself with these terms before completing a purchase.

Your Information

The definition of “Your Information” is defined as any information you provide to us or other users in relation to the Hastings Business School service including registration, listing promoted items or feedback process (including, without limitation, any description of items or promotions listed) and any other content that you post within the Sites. You are solely responsible for Your Information, and we act as a mere conduit for your online distribution and publication of Your Information.

Your conduct

Your Information and your activities on our Site must not:

a. be false, inaccurate or misleading;
b. be offensive or menacing, abusive, defamatory, offensive, discriminatory, scandalous, or in breach of copyright, confidence, privacy or any other rights or which might cause annoyance or inconvenience;
c. infringe any third party’s copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
d. be fraudulent or involve the sale of counterfeit or stolen items;
e. be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising);
f. be obscene, indecent, pornographic or contain child pornography;
g. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
h. link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under the Terms of Service; (bb) or you do not have a right to link to or include;
i. contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
j. cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.

Material submitted by you

To enable Hastings Business School to use Your Information, during the period you are registered with Hastings Business School you grant us a non-exclusive, world-wide, royalty-free, sublicensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in Your Information, in any media now known or not currently known.

Hastings Business School reserves the right to reject the posting, modification and/or removal of any content at Hastings Business School’s discretion without any advance notice to the individual or business entity submitting and/or viewing the content in question. Publication of any content you submit to us will be at our sole discretion. We reserve the right to make additions or deletions to the text or graphics prior to publication. Hastings Business School may not be held accountable for any harm, injury, misrepresentation and/or loss of monies resulting from such actions, whether intentional or unintentional. It is the merchants’ responsibility to protect you from unsafe items listed for sale on our Sites.

Your use of other users’ information

In order to facilitate interaction among all Hastings Business School members, our service allows you limited access to other users’ contact information. As a buyer you have access to contact information of the vendor.

By accepting the Terms of Service, you agree that, with respect to other users’ personally identifiable information that you obtain through the Site or through a Hastings Business School-related communication or Hastings Business School-facilitated transaction, you may only use such information for: (a) Hastings Business School-related communications that are not unsolicited commercial messages and relate to your genuine participation in a Hastings Business School-facilitated transaction, (b) using services offered through Hastings Business School and (c) any other purpose that such user expressly agrees to after adequate disclosure of the purpose(s). In addition, you shall only use such information in accordance with applicable laws and regulations, including without limitation data protection (including the Data Protection Act 1998 and all related legislation) and privacy laws. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this section, can you disclose personally identifiable information about another user to any third party without our consent and the consent of such other user after adequate disclosure.

Hastings Business School and our users do not tolerate spam or unsolicited commercial communications.

Membership eligibility

The Site are only open to users aged 18 and over.  The Site are not intended to be a children’s site, therefore, some of the available information may concern certain topics that may not be appropriate for children.

If you are registering as a business entity, you represent that you have the authority to bind that entity to the Terms of Service.

Merchant payment
Hastings Business School’s and the Partner’s payment terms by merchants are clearly stated on any invoices issued to merchants.  Valid methods of payment include card payment, cheque or bank transfer.  Certain services require payment in advance of that service being delivered.  Should the amounts owing to the Sites from merchants not be paid within the specified time period for the services ordered, the Sites reserves the right to automatically charge the amount owing to the merchant’s card details held.   The card details are stored in a secure and encrypted database.

Promotion and content description

If you are a merchant, you must ensure that you are legally able to sell each item included in a listing on the Site, and that it is lawful to sell such item to UK residents or (if the buyer is resident overseas) that it is lawful to sell and export such item to a person resident in the buyer’s jurisdiction. You must describe your item being promoted and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item and you are responsible for ensuring that you have the right to use all content in your listings and we have the right to host it on our servers.

A merchant posting a promotion that requires presentation of a voucher agrees to honour that voucher when presented in accordance with the vendor’s proposed terms and conditions for the promotion and other applicable trading terms.

Exclusion of Hastings Business School’s liability

The information contained in the material on the Site is only for information purposes and is provided on the understanding that the Site is not engaged in rendering advice and should not be relied upon when making (or refraining from making) any related decision or taking (or refraining from taking) any action. Hastings Business School makes no warranties or representations as to its accuracy or reliability.

Hastings Business School does not make any warranty or representation as to the accuracy of any material on the Site. We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. We can not provide any representation or security of any components of the Site. Our web site and our services are provided “as is” and as and when available, with no warranties expressed relating to the accuracy, compatibility or security of any components of the Site. Hastings Business School makes no warranty that this web site (or web sites which are linked to this web site) is free from computer viruses or any other malicious or impairing computer program.

Hastings Business School (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will under no circumstances be liable for indirect, special or consequential damages, however arising, including negligence, or any economic losses (including without limitation, loss of business, revenue, profits, contracts, anticipated savings or data), any loss of goodwill or reputation in relation to the performance of, your use of or inability to use the Site. Nothing within this agreement will operate to exclude any liability for death or personal injury arising from the negligence of Hastings Business School.

We (including our officers, directors, agents and employees) have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.

We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so. All users are advised to check advert details carefully before entering into any agreements of any kind. If in doubt, please seek legal advice.

Our liability to you (i.e. the merchant) or any third party, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, in any circumstance is limited to the total fees you have paid to us in relation to the listing or other service offered giving rise to liability.

In the event that you (the user) or you (the merchant) have any right, claim or action against any other user or merchant arising from use of the Sites, you agree to pursue such right, claim or action against the applicable user or merchant and independently of and without recourse to us, and you release Hastings Business School (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.

Indemnity

You, the merchant, agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of the Terms of Service (including the documents incorporated by reference), or your violation of any law or the rights of a third party.

You, the merchant, agree to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by us arising from any infringement of the terms and conditions set out in the Terms of Service.

Breach

Without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your user registration or any of your item listings and refuse to provide our services to you without notice to you: (a) if you breach the Terms of Service or the documents incorporated by reference; (b) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause us financial loss or legal liability.

Third party material and advertisements

This Site contains material (including but not limited to advertisements) submitted and created by third parties. All third party material is published by Hastings Business School in good faith. Hastings Business School does not accept any responsibility for the accuracy of such material (nor is any warranty expressed or implied by publication) and Hastings Business School specifically disclaims and excludes all liability to any person (be they advertiser, reader or user) for any loss or damage of any nature whatsoever or however arising from any error, omission or inaccuracy in such material and Hastings Business School takes no responsibility for such material.

In the event that you purchase or obtain any goods or services from a third party then your acquisition of such goods or services will be in accordance with the third party’s terms and conditions and Hastings Business School will have no liability to you in respect of the same.

The Site may contain hyperlinks to web sites operated by other parties. We do not control such web sites and we take no responsibility for, and will not incur any liability in respect of, their content. Our inclusion of hyperlinks to such web sites does not imply any endorsement of views, statements or information contained in such web sites.

All product names mentioned herein are the trademarks of their respective owners. Some documents may contain other proprietary notices and copyright information relating to that document or organisation. You agree that Hastings Business School has not conferred by implication, or otherwise, any licence or right under any patent, trademark or copyright (except as expressly provided) of Hastings Business School or of any third party.

General

If any provision of the Terms of Service are held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable.

You agree that the Terms of Service and all incorporated agreements may be automatically assigned by Hastings Business School, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. The Terms of Service set forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of the Terms of Service.

Hastings Business School reserves the right to amend any part of the Terms of Service at any time without notice and your use of the Site will be deemed as acceptance of this agreement. We advise users to regularly check the Terms of Service. Hastings Business School has complete discretion to modify or remove any part of this Site without warning or liability arising from such action.

Governing law and jurisdiction

This agreement shall be governed by and construed in accordance with English law and any user of the Site hereby agrees to be bound by the jurisdiction of the English courts without reference to rules governing choice of laws.
Terms of Service last updated: 6 July 2009