Site User Policy
In using the PROGRESS website (www.polaris-learning-progress.com) and/or any services provided through it you are acknowledging that you have read and agreed to the following terms and conditions and the Privacy Statement. We recommend that you print a copy of these terms and conditions for future reference.
The following terminology applies to these terms and conditions:
"Client", “you” and “your” refers to you, the person using or otherwise accessing the Site, and accepting these Terms and Conditions;
"Company" refers to Polaris Learning Limited, a company incorporated in Scotland with company number SC295434 and having its registered office at 12 Meadows Industrial Estate, Station Road, Oldmeldrum, Inverurie, AB51 0EZ and VAT number 652 0156 68;
“Site” refers to www.polaris-learning-progress.com;
“Service” refers to the Site and the on-line learning management and information services offered through it as operated by the Company including (but not limited to) the Polaris Learning PROGRESS website;
“Party” or “Parties” refers to both the Client and the Company, or either the Client or the Company (as the case may be);
“Terms and Conditions” means these terms and conditions; and
“Privacy Statement” refers to the Company’s privacy statement that applies to its use and collection of your personal information in relation to the Site and/or the Service which can be found on the Site.
Before using the Site or the Service you must agree to these Terms and Conditions and the Privacy Statement. The Company reserves the right to change these Terms and Conditions from time to time. By continuing to use the Service or viewing, downloading, using or otherwise accessing any part of the Site following any such change, you accept and agree to be bound by all changes. These Terms and Conditions supersede any prior advertisements, terms, agreements or communications between you and the Company.
These Terms and Conditions contain the terms which apply to your access to and use of the Site and the Service (or any parts of thereof) and they contain limitations of the Company’s liability and exclusions of warranties.
If you do not agree to these Terms and Conditions, the Company is not willing to provide the Service to you or allow you access to the Site (or any part of thereof) and you must therefore not use the Service and leave the Site immediately.
Contact information for the Company can be found on the “Get In Touch” (to be confirmed) link on the Site.
Terms of Your Use of the Site and Service
1. You must be over the age of 16 to use the Service.
2. In order to use the Service you will be required to provide the Company with some personal information. Such personal information will be protected by the Company as set out in the Privacy Statement. Please read the Privacy Statement before using the Service.
3. You will not: (a) resell, transfer or provide to any other person the Site or Service or use of or access to the Site or Service; and (b) allow any other person access to any password, user ID or account given to you by the Company or obtained through the Site or Service or allow or assist any other person to do so.
4. While accessing the Site and using the Service, you may not: (a) affect, restrict, limit, inhibit any other person from using the Service or the Site other than in accordance with normal operation in accordance with these Terms and Conditions; or (b) post or transmit any unlawful, fraudulent, libellous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation; or (c) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or commercial schemes of any kind or other unsolicited commercial communication (except as otherwise expressly permitted by the Company) or engage in "spamming", "spoofing" or "flooding"; or (d) post or transmit any software or material which contains any "virus", "trojan horse", "worm", "data bomb", "logic bomb", “robots”, “spiders”, “scrapers” or any other similar component or automated means; or (e) post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service or from the Site for commercial purposes (other than as expressly permitted by these Terms and Conditions or the provider of such information, software or other material); or (f) upload, post, publish, transmit, reproduce or distribute in any way, information, software or other material obtained through the Service or from the Site which is protected by copyright or any other proprietary right anywhere in the world, or any derivative works with respect to such works, in each case except if expressly permitted by these Terms and Conditions or the copyright owner or rights holder; or (g) upload, post, publish, reproduce, transmit or distribute in any way any component of the Service or the Site itself or derivative works with respect thereto; or (h) impersonate another person.
5. The Company has no obligation to monitor the Site and/or the Service, however, you acknowledge and agree that the Company has the right to monitor the Site and the Service electronically from time to time and to disclose any information as necessary or appropriate to satisfy any relevant awarding body, law, regulation or governmental request, to operate the Site and the Service properly, or to protect itself, its group companies or its other subscribers or to verify your identity with regard to access to any part of the Site or the Service. The Company will not intentionally monitor or disclose any private electronic-mail message unless required by law.
6. You agree to defend, indemnify and hold the Company and its affiliates harmless from any and all claims, liabilities, costs and expenses, including without limitation reasonable legal fees, arising in any way from your use of the Service and/or the Site or the placement or transmission of any message, information, software or other materials through the Site and/or the Service by you or any users of your account with the Company related to any violation of these Terms and Conditions by you or any users of your account with the Company.
7. When accessing the Site or using the Service, you must: (a) provide for your own access to the Internet and pay all associated telecommunication service and access fees; and (b) provide all equipment necessary to make connection to the Internet. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of the Company’s security procedures, you must treat such information as confidential. You must not disclose it to any third party. The Company has the right to disable any user identification code or password, whether chosen by you or allocated by the Company, at any time, if in the Company’s reasonable opinion you have failed to comply with any of the provisions of the Terms and Conditions. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify the Company.
The Company’s Liability
8. Access to the Site and the Service is governed by these Terms and Conditions. The Service and Site is provided "as is" without warranty of any kind, either express or implied. The Company excludes any warranty, term or condition not expressly set out in these Terms and Conditions including without limitation any warranty for information, data, uninterrupted access, services or products provided through or in connection with the Service or Site.
9. To the maximum extent permitted by applicable law, the Company disclaims and excludes any and all implied warranties, terms and conditions, including but not limited to: (a) any warranties, terms and conditions concerning the availability, accuracy, usefulness or content of information, products, the Service or the Site and (b) any warranties, terms and conditions of title, warranty of non-infringement, warranties of merchantability, satisfactory quality or fitness for a particular purpose in all cases whether implied by statute, custom or otherwise. This disclaimer applies to any action, proceeding, claim, damage, loss, cost or expense ("Loss") caused by or arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, distributed denial of service attack or other technologically harmful material that may affect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or the Service or to your downloading of any content on it or any website linked to it, theft or destruction or unauthorised access to, alteration of, or use of records, whether for breach of contract, tortious or delictual behaviour, negligence, or under any other cause of action.
10. To the maximum extent permitted by applicable law, neither the Company nor any of its employees, agents, successors, assignees, affiliates, or content or service providers shall be liable to you or any other third party for any indirect, incidental, special or consequential damages (including without limitation any loss of data, profit, contract, opportunity or wasted expenditure) arising out of use of the Service or Site or inability to gain access to or use the Service or Site or arising from any breach of any warranty.
11. The Company shall not be liable for any failure to perform any obligation caused by any event beyond its reasonable control.
12. The Site or Service may allow access to other services available through the Internet provided by persons other than the Company. You agree not to hold the Company liable for any loss or damage of any sort incurred as a result of any such services.
13. Without prejudice to Clauses 8 to 12 inclusive, to the maximum extent permitted by applicable law, the Company shall not be liable to you for any Loss howsoever caused other than for any personal injury or death caused by the Company’s negligence.
14. Clauses 8 to 13 and 35 inclusive shall not apply to liability for: (a) death or personal injury caused by the Company's negligence; (b) fraud; (c) misrepresentation as to a fundamental matter by the Company; and/or (d) any liability which cannot be excluded or limited under applicable law.
Intellectual Property Rights
15. The Company is the owner or the licensee of all copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) (“Intellectual Property Rights”) in the Site and the Service, and in the materials published on it. Those works are protected by Intellectual Property Rights laws and treaties around the world. All such rights are reserved.
16. You may view, print and download the Site and Service information in a web browser for your own personal use only. Copying the Site or Service information into a computer cache or storage device for private or off-line browsing purposes is also permitted as is caching of a website by an information service provider in the normal course of its business to the extent permitted by the Electronic Commerce (EC directive) Regulations 2002. You must not publish, make a copy of, incorporate into any other website, or electronic information storage or retrieval system or reproduce any information on the Site or Service or any part of it for any purpose other than your own personal use without the Company’s prior consent (which may be granted at its discretion). Where the Company does not own the Intellectual Property Rights in any information contained in the Site or the Service, you must seek such consent from the owner(s). Nothing in these Terms and Conditions or on the Site or Service constitutes a licence to use or copy the Site or the Service information except as expressly provided by these Terms and Conditions.
17. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
18. The Company’s status (and that of any identified contributors) as the authors of content on the Site or the Service must always be acknowledged.
19. You must not use any part of the content on the Site or the Service for commercial purposes without obtaining a licence to do so from the Company or its licensors.
20. If you print off, copy, download any part of the Site or the Service in breach of these Terms and Conditions, your right to use the Site and the Service will cease immediately and you must, at the Company’s option, return or destroy any copies of the materials you have made.
21. By providing or sharing any of your materials (including, but not limited to, text, photographs, graphics, video or audio) with the Company, you agree to grant to the Company permission to use any materials provided or shared by you in any way without any cost to the Company.
22. You represent and warrant that any material you provide or share with the Company is your own original work, is not defamatory and does not infringe the Company’s or any third party’s Intellectual Property Rights and that you have the right to (and/or you have the consent of all parties identifiable in the materials or the consent of their parent(s) or guardian(s) if they are under the age of 16 years) grant permission to the Company to use such materials for any purpose.
23. If you do not wish to grant the Company permission to use your materials as set out in the above terms, please do not share or submit any such materials to or with the Company.
24. The content presented on this Site or provided by the Service may vary depending upon your browser functionality and limitations.
25. The Company reserves the right to change any information on the Site or provided by the Service including but not limited to revising and/or deleting features or other information without prior notice. However, please note that any of the content on the Site or provided by the Service may be out of date at any given time, and the Company is under no obligation to update it.
26. The Company shall not be held liable for any material available on the Site or through the Service which is provided by any third party.
27. The Company assumes no responsibility for the content of websites linked to on the Site or through the Service. The Company does not author, edit or monitor those website pages or links and such links are provided for your information only. Such links should not be interpreted as endorsement by the Company of those linked websites. The Company will not be liable for any loss or damage that may arise from your use of them.
28. The Company reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions.
Restrictions and Termination
29. The Company has no control over the Internet and the method by which you access the Site and the Service, therefore, the Company takes no responsibility for any interruption to the Site or the Service or the transmission of viruses or other malicious computer code through the Site or the Service or incompatibility with your hardware or software.
30. The Company may be required to carry out routine maintenance on the Site, the Service and/or its equipment and therefore does not guarantee that any part of the Site or the Service will be available for access at any particular time(s). Access to the Site or the Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the control of the Company.
31. You acknowledge and agree that the Company may in its sole discretion and, without any notice to you, deny you, suspend or terminate your access to all or part of the Site, Service and any materials stored on the Internet, or access to third party services, merchandise or information on the Internet accessed through the Company, and the Company shall have no responsibility to notify any third party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
32. The Company takes reasonable and appropriate measures to ensure that your information is disclosed only to those specified by you. However, the Internet is an open system and the Company cannot and does not guarantee that the personal information you have entered will not be intercepted by others.
33. The laws of Scotland govern these Terms and Conditions. By accessing the Site and using the Service, you agree to these Terms and Conditions and submit to the exclusive jurisdiction of the Courts of Scotland in any dispute arising out of the Site or the Service.
34. The failure of the Company to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the Parties nevertheless agree that the court should endeavour to give effect to the Parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
35. To the maximum extent permitted by applicable law, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Service or the Terms and Conditions must be filed within one year after such claim or cause of action arose or be forever barred.
36. If any provision of these Terms and Conditions is deemed invalid or unenforceable for any reason (including, but not limited to, the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms and Conditions and the remaining provisions will continue to apply.
Links to the Site
37. You may not create a link to any page of the Site and/or the Service without the Company’s prior written consent. If you do create a link to a page of the Site and/or the Service you do so at your own risk and the exclusions and limitations set out above will apply to your use of the Site and/or the Service by linking to it.
These Terms and Conditions govern the Client’s use of and access to the Site and/or the Service and such use or access indicates the Client’s understanding, agreement to and acceptance, of these Terms and Conditions and the Privacy Statement.
© Polaris Learning Limited. 2017 All Rights Reserved