This agreement applies between you, the User of this Web Site and Phoenix Academy Limited, the owner of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first and subsequent use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately. This Web Site is operated by Phoenix Academy Limited, a private limited company registered in England and Wales under Company Number 4558692 and whose registered office is at 448 Streatham High Road, SW16 3PX.
Definitions and Interpretation
In this Policy the following terms shall have the following meanings: "Account" means collectively the personal information, payment information and credentials used by Users to access Content and / or any communications System on the Web Site; "Content" means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site; "Free Content" means any Content that is accessible without payment fee; "Paid Content" means Content accessible only upon payment of a One-Off Fee; "Service" means collectively any online facilities, tools, services or information that Phoenix Academy Ltd., makes available through the Web Site either now or in the future; "System" means any online communications infrastructure that Phoenix Academy Ltd., makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities, forums and email links; "User" / "Users" means any third party that accesses the Web Site and is not employed by Phoenix Academy Ltd., and acting in the course of their employment; and "Web Site" means the website that you are currently using (www.phoenixacademyltd.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
Intellectual Property
1. Subject to the exceptions in the Third Party Intellectual Property clause of these Terms and Conditions, all Content included on, and all intellectual property rights in, the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Phoenix Academy Ltd., or our affiliates. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws. All such rights are reserved.2. Material from the Web Site may be used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 or those detailed in the Use of Free Content and Use of Paid Content clauses of these Terms and Conditions apply.3. Phoenix Academy Ltd.?s status as author (and that of any identified contributors) as the authors of Content must always be acknowledged.
Use of Free Content
You may print, reproduce, copy, distribute, store or in any other fashion use Free Content from the Web Site for personal or educational purposes only unless otherwise indicated on the Web Site or unless given express written permission to do so by Phoenix Academy Limited. Specifically you agree that:1. You will not use any Free Content of the Web Site for commercial purposes unless given express written permission to do so by Phoenix Academy Ltd.2. You will not systematically copy Free Content from the Web Site in any circumstances, including, without limitation, with a view to creating or compiling any form of comprehensive collection, compilation, directory or database, unless given express written permission to do otherwise by Phoenix Academy Ltd.
Use of Paid Content
1. Payment of a One-Off Fee for a programme or product grants you a licence to use the programme work or product. You may use such Paid Content in the following ways: 1. for personal purposes only2. Commercial use of Paid Content is not permitted. 3. Employees of Learning Establishments are not permitted to use Paid Content for teaching purposes. 4. You agree that: 1. you will not use the Paid Content of the Web Site for commercial purposes.2. you will not systematically copy Paid Content from the Web Site in any circumstances, including, without limitation, with a view to creating or compiling any form of comprehensive collection, compilation, directory or database.
Links to Other Web Sites
This Web Site may contain links to other sites and these are provided for your information only. Unless expressly stated, these sites are not under the control of Phoenix Academy Ltd., or its affiliates. Phoenix Academy Ltd., assumes no responsibility for the content of such web sites and disclaims liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
Links to this Web Site
1. Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.phoenixacademyltd.com without Phoenix Academy Ltd?s prior permission, provided that: 1. you do so in a way which is fair and legal and does not damage the reputation of Phoenix Academy Ltd., or take advantage of it,2. you must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of Phoenix Academy Ltd., where none exists; and3. the website you are linking to is owned by you and complies in all material respects with our Privacy Policy.4. Phoenix Academy Ltd., reserves the right to withdraw linking permission without notice.
Use of Communications Facilities
1. When using any System on the Web Site you should do so in accordance with the following rules: 1. you must not use obscene or vulgar language;2. you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;3. you must not submit Content that is intended to promote or incite violence;4. it is advised that posts on message boards, chat facilities or similar and communications with Phoenix Academy Ltd., are made using the English or Spanish language(s) as Phoenix Academy Ltd., may be unable to respond to enquiries submitted in any other languages;5. you must not post links to other web sites containing any of the above types of Content;6. the means by which you identify yourself must not violate these terms of use or any applicable laws;7. you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;8. you must not impersonate other people, particularly employees and representatives of Phoenix Academy Ltd., or its affiliates; and9. you must not use the System for unauthorised mass-communication such as ?spam? or ?junk mail?;2. You acknowledge that Phoenix Academy Ltd., reserves the right to monitor any and all communications made to it or using the System.3. The use of the System and Web Site by a minor is subject to the consent of their parent or guardian.4. You warrant that any communications made by you using the System comply with the terms set out in Use of Communications Facilities Item 1 and agree to indemnify Phoenix Academy Ltd., for any breach of such warranty.5. Any communications made by you using the System will be considered non-confidential and non-proprietary. 6. Phoenix Academy Ltd., will not be responsible, or liable to any third party, for the content or accuracy of any materials or communication posted by you or any other User on the Web Site or using the System.7. Phoenix Academy Ltd., has the right to remove any material or posting you make on the Web Site or using the System if, in the opinion of Phoenix Academy Ltd., such material does not comply with the obligations set out in Use of Communications Facilities Item 1
Viruses, Hacking and other Offences
1. You must not misuse the Web Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Web Site, the server on which the Web Site is stored or any server, computer or database connected to the Web Site. You must not attack the Web Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this term you would commit a criminal offence under the Computer Misuse Act 1990 and Phoenix Academy Ltd., will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such breach, your right to use the Web Site will cease immediately.2. Phoenix Academy Ltd., will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Web Site or to your downloading of any Content posted on it, or any website linked to it.
Accounts
1. In order to access Paid Content on this Web Site and to use the System contact facilities you are required to provide certain personal details. By continuing to use this Web Site you represent and warrant that: 1. all information you submit is accurate and truthful; and2. you will keep this information accurate and up-to-date.
One-Off Fees
1. One-Off Fees will be charged on the date that you make your purchase. Your credit / debit card will be billed on the date of purchase.2. If you have purchased more than one programme module Phoenix Academy Ltd., will send by email or post, all subsequent modules every eight weeks.
Privacy
Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference and Phoenix Academy Ltd., processes information about you in accordance with such Privacy Policy. By using the Web Site you consent to such processing. To view the Privacy Policy, please click on the link above.
Disclaimers
1. Phoenix Academy Ltd., makes no warranty or representation that the Web Site and/ or the Services will meet your requirements, will be of satisfactory quality, will be fit for a particular purpose, will not infringe the rights of third parties, will be compatible with your systems, or that the Web Site will be secure and Phoenix Academy Ltd., hereby expressly excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity, to the extent permitted by law.2. Whilst every reasonable endeavour has been made to ensure that all information provided on this Web Site will be accurate and up to date, Phoenix Academy Ltd., makes no warranty or representation that this is the case. Phoenix Academy Ltd., makes no guarantee of any specific results from the use of the Services.3. No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.4. Whilst every effort has been made to ensure that all descriptions of services available from Phoenix Academy Ltd., correspond to the actual services available, Phoenix Academy Ltd., is not responsible for any variations from these descriptions.
Access to and Availability of the Web Site and Changes to Content
1. The Service and the Web Site are provided ?as is? and on an ?as available? basis and Phoenix Academy Ltd., reserves the right to withdraw, suspend or amend the Service. Phoenix Academy Ltd., will not be liable if for any reason the Web Site is unavailable at any time for any period. Phoenix Academy Ltd., aims to update the Web Site regularly and may change the Content at any time.2. Phoenix Academy Ltd., accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.3. You are responsible for making all arrangements necessary for you to have access to the Web Site and are responsible for ensuring that all persons who access the Web Site through your internet connection are aware of these Terms and Conditions and that they comply with them.
Limitation of Liability
1. Phoenix Academy Ltd?s liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising out of any breach of these Terms and Conditions by Phoenix Academy Ltd., shall be limited to the value of a User?s One-Off Fee. For all other direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein, to the maximum extent permitted by law, Phoenix Academy Ltd., accepts no liability. Users should be aware that they use the Web Site and its Content at their own risk.2. Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise
Variations
Phoenix Academy Ltd., may revise these Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes made, as they are binding on you. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on the Web Site.
Notices
All notices / communications shall be given to us either by post to the address specified above or by email to info@phoenixacademyltd.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Law and Jurisdiction
These terms and conditions and the relationship between you and Phoenix Academy Ltd., shall be governed by and construed in accordance with the Law of England and Wales and Phoenix Academy Ltd., and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales
This Policy applies as between you, the User of this Web Site and Phoenix Academy Limited the owner and provider of this Web Site. This Policy applies to our use of any and all Data collected by us in relation to your use of the Web Site and any Services or Systems therein.
Definitions and Interpretation
In this Policy the following terms shall have the following meanings:"Account" means collectively the personal information, payment information and credentials used by Users to access Content and / or any communications System on the Web Site; "Content" means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site; "Data" means collectively all information that you submit to the Web Site. This includes, but is not limited to, Account details and information submitted using any of our Services or Systems; "Service" means collectively any online facilities, tools, services or information that Phoenix Academy Limited makes available through the Web Site either now or in the future; "System" means any online communications infrastructure that Phoenix Academy Limited makes available through the Web Site either now or in the future. This includes, but is not limited to, message boards, live chat facilities and email links; "User" / "Users" means any third party that accesses the Web Site and is not employed by Phoenix Academy Limited and acting in the course of their employment; and "Web Site" means the website that you are currently using (www.phoenixacademyltd.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
Data Collected
Any of the following Data about you may be collected and processed by Phoenix Academy Limited:1. name;2. date of birth;3. gender;4. the name and school year of your child for whose benefit you are registering or have registered;5. contact information such as email addresses, postal address and telephone numbers;6. financial information such as credit / debit card numbers;7. records of any correspondence between you and Phoenix Academy Limited;8. details of transactions you carry out through the Web Site and of the fulfilment of your orders;9. details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data and the resources that you access;10. IP address (automatically collected);11. web browser type and version (automatically collected);12. operating system (automatically collected);13. a list of URLS starting with a referring site, your activity on this Web Site, and the site you exit to (automatically collected)
Our Use of Data
1. Any personal Data you submit will be retained by Phoenix Academy Limited until you have received your programme modules. Data that you may submit through any communications System that we may provide may be retained for a longer period of up to 6 months.2. Unless we are obliged or permitted by law to do so, and subject to Clause 4, your Data will not be disclosed to third parties.3. All personal Data is stored securely in accordance with the principles of the Data Protection Act 1998. 4. Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Web Site. Specifically, Data may be used by us for the following reasons: 1. internal record keeping;2. correspondence with you regarding your child/children?s programme;3. improvement of our products / services;4. transmission by email of promotional materials that may be of interest to you (although if you do not want Phoenix Academy Limited to use your personal Data in this way please tick the relevant box situated on each page on the Web Site where we collect your personal Data);5. contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customise or update the Web Site;6. to ensure that content from the Web Site is presented in the most effective manner for you and your computer;7. to notify you about changes to our Service;
Third Party Web Sites and Services
Phoenix Academy Limited, from time to time, employ the services of other parties for dealing with matters that may include, but are not limited to, payment handling and search engine facilities. The providers of such services have limited access to personal Data provided by Users of this Web Site. Any Data used by such parties is used only to the extent required by them to perform the services that Phoenix Academy Limited requests. Any use for other purposes is strictly prohibited. Furthermore, any Data that is processed by third parties must be processed within the terms of this Policy and in accordance with the Data Protection Act 1998.
Controlling Access to your Data
1. Wherever you are required to submit Data, you will be given options to restrict our use of that Data for marketing purposes.
h2>Your Right to Withhold Information1. You may access certain areas of the Web Site without providing any Data at all. However, to use all Services and Systems available on the Web Site you may be required to submit Account information or other Data.2. You have the right to ask Phoenix Academy Limited not to process your personal Data for marketing purposes and you can exercise your right to prevent such processing by ticking certain boxes on the pages where your Data is collected. You can also exercise this right at any time by contacting Phoenix Academy Limited in writing at the address specified in this Privacy Policy.3. You may restrict your internet browser?s use of Cookies. For more information see clause 4 below.
h2>Security1. Data security is of great importance to Phoenix Academy Limited and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected online.2. Specifically we utilise the following systems: 1. Standard encryption technology ("SSL" or "Secure Socket Layer" technology) to encode personal data that you send to us when placing an order through the Website. 2. Through physical, electronic and managerial procedures, we limit access to your personal information only to employees and third parties (such as our payment handlers) that we authorise to access that information in order to do their jobs in connection with the service provided by Phoenix Academy Limited.3. Unfortunately, the transmission of information via the internet is not completely secure. Although Phoenix Academy Limited will do its best to protect your personal Data, it cannot guarantee the security of your Data transmitted to the Web Site; any transmission is at your own risk. Once Phoenix Academy Limited has received your information, it will use the procedures and security features detailed above to try to prevent unauthorised access.
h2>Cookies1. Phoenix Academy Limited may set and access Cookies on your computer to help us improve the Web Site and to deliver a better and more personalised Service. They enable us to:. 1. estimate our audience size and usage pattern;2. store information about your preferences and so allow us to customise the Web Site according to your individual interests;3. speed up your searches; and4. recognise you when you return to the Web Site.2. A Cookie is a small file that resides on your computer?s hard drive and often contains an anonymous unique identifier and is accessible only by the web site that placed it there, not any other sites. 3. You may delete Cookies, however you may lose any information that enables you to access the Web Site more quickly.4. You can choose to enable or disable Cookies in your web browser. By default, your browser will accept Cookies, however this can be altered. For further details please consult the help menu in your browser. Disabling Cookies may prevent you from using the full range of Services available on the Web Site.
h2>Changes to this PolicyPhoenix Academy Limited reserves the right to change this Privacy Policy as we may deem necessary from time to time or as may be required by law. Any changes to this Privacy Policy will be posted on the Web Site and, where appropriate, notified to you by email.
