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Conditions of use

Terms and Conditions of Use

 

By ticking the “I agree” check box below, you confirm that you:

 

  • have read and agreed to these Terms and Conditions;
  • understand that you are purchasing either an e-course or virtual learning session (“Digital Service”) with the British Council (your “Purchase”); and
  • understand that the payment relating to your Purchase is directly between yourself and the British Council and that you have read and agreed to the terms relating to payment, refunds and cancellations as set out in the Terms of Sale referenced below.
  • Understand that these Terms and Conditions have been designed to facilitate the comprehension and use of the Digital Service.

 

The British Council is the United Kingdom’s international organisation for cultural relations and educational opportunities.

 

The British Council is incorporated in England and Wales by Royal Charter and registered as a charity (under number 209131 in England and Wales and number SC03773 in Scotland). Our registered office is at 10 Spring Gardens, London, SW1A 2BN.  We operate globally through local offices.

 

Other Applicable Terms

 

The following additional terms will also apply to your Purchase:

 

 

As the Digital Service will be provided through a third party web browser (such as Internet Explorer, Chrome and Firefox), you should also read the applicable terms of use and privacy policy as these will apply to your use of that web browser. We will provide a link to these as part of the Purchase process.

 

Licence and Use of the Digital Service

 

The British Council is the sole owner and/or the licensee of all intellectual property rights in the Digital Service and in the design, structure, ‘look and feel’ and the arrangement of the Digital Service and other learning material.

 

On payment of the applicable fee for the Digital Service, the British Council hereby grants you a non-exclusive, non-transferable licence to access and use the Digital Service in accordance with these Terms and Conditions only and this license will terminate upon termination of study on such Digital Service.

 

You agree not to:

 

  • provide access to the Digital Services to any other individual or legal entity;
  • disrupt, interfere with or restrict the use of the Digital Service or any other services provided by the British Council;
  • upload or display any comments or materials through your participation in the Digital Service which are false, offensive, sexually explicit, defamatory, threatening, obscene or unlawful or which infringe intellectual property rights from third parties;
  • use the Digital Service to transmit or procure the sending of any unsolicited or unauthorised material or any other form of solicitation (spam) to other users of the Digital Service;
  • probe, scan or test the vulnerability of the Digital Service or attempt to circumvent or hack any user authentication or security controls in respect of the Digital Service;
  • reverse compile, disassemble, reverse engineer, decompile, copy, duplicate, modify or adapt any software or other code or scripts forming part of the Digital Service (except to the extent permitted by law) or attempt to transmit to or via the Digital Service any information that contains a virus, worm, Trojan horse or other harmful or disruptive component;
  • change, modify, delete, interfere with or misuse any files or other data created, owned or provided by the British Council or any third party provided as part of the Digital Service (except as expressly permitted under these Terms and Conditions); or
  • use the Digital Service in contravention of any applicable law.

 

Where you are participating in a Digital Service offered as live session by the British Council, you agree not to threaten, harass, embarrass or discriminate against, or use obscene, offensive, hateful or inflammatory language in your interactions with other users of the Digital Service, or the individual(s) delivering the live session.

 

Intellectual Property Rights

 

The British Council is the sole and exclusive owner of all rights and interests arising and/or in connection with all patents, software, inventions, utility models, know-how, copyrights, industrial designs, distinctive signs and/or any other right of intellectual property right (hereinafter, “Intellectual Property Rights) over the Digital Service and other learning material.

 

The acceptance of this Terms and Conditions of Use does not grant, license, transfer or assigns any rights of the Intellectual Property Rights except for the conditions established herewith. Consequently, you agree to use such materials for personal and educational purposes and will not, without the British Council’s written consent, copy, make available, reproduce, transmit, sell, license, publish, broadcast, distribute or otherwise such materials to third-parties.

 

You are not authorized to circumvent, alter or modify any notification or technological measure used and/or implemented by the British Council so assure and protect the Digital Service and other learning material. Elusion or evasion of this technological measures, unauthorized access to the contents and source code, database or services provided by the Digital Service will be deemed an illegal intromission, which may result in legal actions under Colombian applicable law and other applicable International legislation.

 

You are the sole and exclusive owner of the intellectual property rights that may arise from all the content uploaded by you in the Digital Service. You grant the British Council a free, perpetual, transferable, non-exclusive, use license over the uploaded content to the Digital Service. The British Council can sublicense such rights to its subsidiaries and affiliate companies. In any case, the British Council will duly recognized your authorship and other moral authors rights derived thereof.

 

Availability

 

We will use reasonable endeavours to make the Digital Service available at the date and time agreed as part of your Purchase.

 

However, owing to the nature of the internet, the British Council does not and cannot warrant or guarantee that your use of the Digital Service will be uninterrupted or error-free.  We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Digital Service may be subject to limitations, delays and other problems inherent in the use of such communications facilities. Moreover, the British Council is not responsible for any delay or disruption of the Digital Service that may be caused by firewall restrictions which may have been placed on your network or computer you are using to gain access to the Digital Service.

 

You are responsible for ensuring you have in place all hardware, software and telecommunications necessary to use the Digital Service and shall be responsible for all related charges, including the fees of internet service providers.

 

Disclaimers and limitation of liability

 

Although we will use reasonable endeavours to ensure the content of the Digital Service is accurate and up-to-date, we make no representations, warranties or guarantees, whether express or implied, that it is.

 

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

 

The British Council encourages freedom of expression, but the views expressed by individuals through the Digital Service may not represent the views of the British Council.

 

Nothing in these Terms and Conditions shall exclude or restrict either party’s liability for death or personal injury resulting from its negligence (or in the case of the British Council, that of its employees while acting in the course of their employment) or for fraudulent

 

Misrepresentation or in any other circumstances where liability may not be limited under any applicable law.

 

Under no circumstances shall either party be liable to the other for any actual or alleged indirect loss or consequential loss howsoever arising.

 

Subject to the above, the maximum liability of either party to the other under or in connection with these Terms and Conditions, whether in contract, tort, negligence, breach of statutory duty or otherwise, shall not exceed an amount equal to the fees paid or payable for the Digital Service.

 

Child protection

 

The British Council believes that all children have potential and that every child matters – everywhere in the world. The British Council affirms the position that all children have the right to be protected from all forms of abuse as set out in article 19, UNCRC 1989.

 

Applicable law

 

Please note that these Terms and Conditions, their subject matter and formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. This means that all claims relating to these Terms and Conditions and/or the Digital Service can be settled by a judge (or a number of judges) in an English court. However, the British Council retains the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or any other relevant country.

 

Contacting the British Council

 

If you would like to make any comment or complaint relating to your Purchase, please see our Customer Services webpage (http://www.britishcouncil.org/contact/about-customer-services).

 

o  By clicking the "I Agree" box in the shopping cart, I confirm I have read and agreed to these Terms and Conditions

o  Where applicable in accordance with the Terms of Sale, I confirm that I agree to the British Council making the Digital Service available to me immediately (before the end of the 14 day cancellation period referred to in the Terms of Sale) and acknowledge that I will lose my right of withdrawal from the contract once I have begun to access the Digital Service.