We ask you to read this Agreement carefully as it governs your use of the www.stemit.org.uk website (“our website”). By continuing to use our website you are agreeing to the terms below. Please note that Stemit reserves the right to amend or update these terms and conditions without notice to you. Any updates/ammendments will be effective from the time they are uploaded onto our website. You must agree to regularly review these terms and conditions to ensure you comply with them. Currently the services we offer are free to access and others may in the future operate on a subsciption only basis. Part A applies to all services, and Part B applies only to the Subscription Services. All persons under the age of 18 should ask their parents/guardians to check these terms.
For any queries, please email k.mclaren [at] stemit.org.uk
These terms were last updated on 27th March 2008
Part A: GENERAL TERMS
1. Provision of Service
1.1 Our website is owned and operated by Stemit (UK) Ltd (company number 6192241), whose registered office is based at Rosehill, Bedbury Lane, Freshwater Bay, Isle of Wight PO40 9PD.
2. Use of Material on the Website
2.1 You may use material on our website for your own teaching purposes; for student homework; for extracurricular activities. Material within the members’ area can be amended and added to providing that the originator is acknowledged as the source. Material outside the members’ area must not be altered/amended or otherwise altered in any way. The originators must be acknowledged in every respect and the copyright adhered to.
2.2 Stemit encourages members to help us spread best practice and add value to any material on our website. Members are welcome to send us revised plans and materials that they have developed either independently or as a result of using original material from our website.
2.3 Whilst www.stemit.org.uk will endeavour to quality assure any material on our website you are encouraged to inform us if you believe any of the material falls short of this standard (please refer to 6 below). Should you consider any material/information on our website to be incorrect, you must agree to inform www.stemit.org.uk immediately in order that we can make the necessary changes.
3. Limitation of Rights to Use Content
3.1 All material displayed on our website belongs to Stemit (UK) Ltd’s licensors or to Stemit (UK) Ltd. Subject to clause 2.1, you may retrieve and display materials 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 intranet or external network) for your own personal, educational, non-commercial purposes.
3.2 Most of the material on our website is supplied under licence from third parties ("Third Party Material") and will be marked with the copyright notice of those third parties. Some of the Third Party Material 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.
3.3 You may not (without prior written permission from Stemit);
3.4 Stemit reserves the right to delete, move and edit any material submitted. You are solely responsible for the material or content you submit to the Stemit website. By submitting any resources including teaching resource materials you will further agree not to use the service to;
Redistribute any of the material or supply it to other people (including by using it as part of any library, shared drives, archive, intranet or similar service).
Amend/remove/overwrite the copyright or trade mark notice from any copies of material made under this Agreement.
Store the material in a database in electronic or structured manual form.
Commercially exploit, modify or reproduce any of the material, except as detailed in these terms and conditions.
4. Limited Warranties
Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
Harm minors in any way.
Impersonate any person or entity, including, but not limited to, a Stemit (UK) Ltd staff member, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service.
Upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
Upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose.
Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
Intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange.
"Stalk" or otherwise harass another.
Collect or store personal data about other users.
4.1 Stemit will use all reasonable skill and care in making our website available to you and in ensuring its continuing availability. However as we obtain material and links from many sources, and due to the nature of the material and external links, www.stemit.org.uk cannot give any other warranties. In particular, you should not take the accuracy or availability of the information for granted and we cannot offer any warranty that the Stemit website is free from infection by viruses or anything else that has contaminating or destructive properties.
5. Limitation of Liability
5.1 In respect of the material and links which are available on our website either inside or outside the members’ area, Stemit will use all reasonable endeavours to resolve faults but in using our website you agree that we will not be liable for any losses you may incur as a result of your use or non-use of that material.
5.2 Except where we have expressly agreed otherwise, neither you nor Stemit (UK) 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 Stemit and you (such as loss of profits or loss of data).
6. Material on the Website
6.1 By submitting material to our website, you, the originator, grant Stemit (UK) Ltd a perpetual, non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-licence any material you submit in whole or in part or in any form. You will retain the original intellectual property rights to the material submitted and will agree to reassign all copyright benefits to www.stemit.org.uk providing an annual royalty is paid to you, or your nominated third party, by Stemit (UK) Ltd. Professional liability will be held by the originator at all times.
6.2 Our website contains material submitted by users over whom Stemit have no control. Whilst we will endeavour to provide quality material and information we cannot guarantee the accuracy, integrity or quality of any such material. Some Users may breach these terms and post material that is misleading, untrue or offensive. You must bear all risk associated with your viewing of such material. Although Stemit will endeavour to provide correct information and material, we cannot be held responsible for any misleading or incorrect material on our website or any subsequent consequences of the use of this material. Each user (whether a fee paying member or not) agrees to inform www.stemit.org.uk immediately of any material, information or links that do not conform to our normally high standards.
6.4 Indemnity - You agree to indemnify and hold Stemit (UK) Ltd and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of these terms and conditions, or your violation of any rights of another.
7. Data Protection and Disclosure
7.1 Stemit will maintain registrations and will take all reasonable endeavours to comply with all requirements of the UK Data Protection Act 1998 and any regulation created under it.
7.2 Stemit 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.
8. Further Use of Information
8.1 Stemit will not share any of your personal information with a third party. We will not send you any unsolicited emails or mail unless you have given us permission to do so. You will have the right at any time to request us to stop sending you emails and information. Stemit will only use non-personal statistical information regarding users, membership levels and website usage with our sponsors.
8.2 Stemit 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.
8.3 Stemit will not sell, trade or rent user information to others. We may share general information about members but this will not contain any information that could be used to identify any individual or group of members.
8.4 We will collect data listing which of www.stemit.org.uk’s pages are most frequently visited and by which type of users.
10. Security Policy
10.1 No data transmission over the Internet can be guaranteed to be 100% secure. As a result, while Stemit strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to Stemit and you do so at your own risk.
10.2 Following transmission, Stemit will make best efforts to ensure the security of the information on its systems.
11.1 Stemit will aim to continually improve our website and services offered. We reserve the right, at our discretion, to make changes to any part of our website or services offered. In respect of any Subscription Services, Stemit will ensure that any changes do not materially decrease the functionality of those services.
11.2 In respect of non-Subscription Services, Stemit may change or add to this Agreement as a result of our policy of updating and improving our website or for security, legal or regulatory reasons. We will endeavour to give you sufficient notice of any changes or additions. If you do not agree to be bound by those changes, you should not use our website any further after receiving notice. Such changes will not affect any contract that relates to ongoing Subscription Services that you have with us at the time of the changes.
12.1 www.stemit.org.uk contains links to other websites and resources (either directly or through frames) and, where possible, we will make it clear where such links are being made. Independent third parties provide these sites and Stemit cannot be held responsible and shall not be liable for the availability or content of these outside resources.
12.2 In the spirit of providing links to other quality provision Stemit will provide these links in good faith and on the understanding that, in our opinion the content of these sites add to the overall value of our service.
13.1 With respect to the free parts of www.stemit.org.uk, there is no specific time limit applying to your access and use. However, Stemit reserves the right to suspend or terminate your access and use of the free parts of our website at any time. We may exercise this right with or without notice.
13.2 You may not assign, sub-licence or otherwise transfer this Agreement or your rights of access to www.stemit.org.uk.
13.3 Failure by either party to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.
13.4. 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.
13.5 English law will apply to this Agreement and both you and Stemit agree to submit to the non-exclusive jurisdiction of the English Courts.
PART B: Subscription Services (not yet available)
B1 Provision of Service
Stemit (UK) Ltd may in the future offer some services for which it may charge a fee ("Subscription Services"). Details of what is included in those services (and the fee payable) will when available be described in the relevant area of the website. The following sections set out the provisions which would be specific to certain Subscription Services when offered. The General Terms (part A above) also apply to Subscription Services and include certain exclusions and limitations on Stemit and your liabilities under this Agreement. If you have any questions, please contact us immediately at enquiries [at] stemit.org.uk.
B2 The Terms: Provision of All Paid-For Subscription Services
B2.1 You must provide Stemit with accurate and complete registration information. On registration, you will choose a user name and password ("ID"). It is your responsibility to update www.stemit.org.uk of any changes to that information (including your email address) by emailing membership [at] stemit.org.uk. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID, you must notify www.stemit.org.uk immediately by email. We will try to process your subscription promptly but this 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.
B1.2 Each subscription for any Subscription Service is solely for use by you. We reserve 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, Stemit 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.
B1.3 If Stemit reasonably believes that your ID is being used in any way which is not permitted by this Agreement, we reserve the right to suspend access rights immediately on giving notice to you and to block access from your ID until the issue has been resolved. We may terminate this Agreement by giving notice to you if you are in breach of this Agreement, and in such case, we are not obliged to refund you any fees. Stemit may terminate this Agreement if it discontinues a 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. With regard to the Membership 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 Membership Service or, at your option, a refund of the amount you have paid to Stemit to receive the relevant Membership Service less any reasonable allowance for your receipt of the functioning service.