WEBSITE TERMS AND CONDITIONS OF USE AND PRIVACY POLICY
1. WEBSITE DISCLAIMER
Welcome to the www.ecomlana.com website (the “Website”). The Website is operated by Fitch Learning Limited trading as Fitch Learning, a company registered in England with company number 11189261, and its subsidiaries and affiliates (“we”, “us”, “our” or “AB Retailing Group Limited”). Our registered office is at 46 St. Leonard’s Road, Northampton, United Kingdom, NN4 8DP. The following paragraphs indicate what your visit means both for us and for you.
These website terms and conditions (the “Terms”) bring together all our website policies, terms and conditions of use and other information about using the Website. The Terms also govern your use of the Website, and anywhere that these Terms are posted, in which case, the term “Website” herein covers the site on which these Terms are posted. Please read these Terms carefully. If you do not agree with these Terms, then please do not use the Website. If you do use the Website, then your conduct indicates that you agree to be bound by these Terms. We may change these Terms from time to time without notice to you in our sole discretion. If you use the Website after any such revisions take effect then you will be taken to have agreed to the revised Terms. These Terms were last updated on 25th May 2020.
2. ACCESS TO WEBSITE
We cannot guarantee the continuous, uninterrupted or error-free operability of the Website. Access to the Website is permitted on a temporary basis and we reserve the right to withdraw, modify or suspend the service we provide on the Website without notice. We will not be liable to you or any third party for any unavailability, modification, suspension or withdrawal of the Website, or any features, parts or content of the Website at any time for any period.
We may change the format and content of the Website from time to time without notice to you in our sole discretion. We cannot and do not guarantee that any content of the Website will be available or free from viruses and/or other code that may have contaminating or destructive elements.
3. REGISTERING AN ACCOUNT
When registering for an account you warrant that all information you provide is true and accurate to the best of your knowledge and belief. We reserve the right to refuse to register any user. You are solely responsible for protecting your login details and password and we will not be held liable for any loss or damage that may result from your failure to do so.
4. CLOSING AN ACCOUNT
If you wish to close an account you have registered with us, then you may do so by emailing our client services team at info@ecomlana.com. We may close your account at any time if we believe you are in breach of these Terms or, acting reasonably, we believe it appropriate. Should we close your account, we will provide you notice of such closure.
5. RESTRICTIONS ON USE
Except to the extent permitted by these Terms you are not allowed to:
use the Website and anything available from the Website for unlawful purposes;
attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to our Website;
reproduce, duplicate, copy or re-sell any part of the Website or anything available from the Website without our consent or in contravention of these Terms;
store pages of the Website on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the pages of the Website;
remove or change any content of the Website or attempt to circumvent security or interfere with the proper working of the Website or the servers on which it is hosted;
use the Website to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
otherwise do anything not expressly permitted by these Terms.
6. INTELLECTUAL PROPERTY
We are the owner or licensee of all intellectual property rights in the Website and in any content of the Website (including text, graphics, photographs and other images, videos, sound, trademarks and logos). You may only use any content of the Website for your personal, non-commercial use and may not reproduce, modify, transmit, licence or publish it, in whole or in part, for any purpose without our prior written consent.
In the event of any permitted copying, redistribution or publication of Website content, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading Website content.
7. EXCLUSION OF LIABILITY
The information contained in this website is only for informational purposes.
Nothing in these Terms shall exclude or limit our liability to you:
for death or personal injury caused by our negligence;
under Part 1 of the Consumer Protection Act 1987;
for fraudulent misrepresentation; or
for any other liability that may not, under English law, be excluded or limited.
Subject to the above, in no event do we accept liability of any description (whether such liability arises as a result of breach of contract, negligence, misrepresentation or for any other reason), for any damages or losses whatsoever resulting from use of or inability to use this Website including, without limitation:
loss of business;
loss of revenue;
loss of profits;
loss of anticipated savings;
special loss; or
consequential loss.
We make no warranty that this Website (or websites which are linked to this Website) or the server that makes it available is free from computer viruses or any other malicious or impairing computer programme.
The pages in this Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.
We are a distributor (and not a publisher) of a small percentage of content on the Website and such content is supplied by third parties and users of the internet. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or users, are those of the authors or distributors and not of us. We do not necessarily endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the Website.
The information on the Website does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific educational, or other, decisions. You should take your own advice and/or make specific enquiries and independently verify any information before relying upon it.
8. FILMING AND PHOTOGRAPHY
During the course or event, some filming or photography may take place. The video footage or photographs are captured by members of the AB Retailing Group Limited team and used only by the AB Retailing Group team as part of the AB Retailing Group Limited Learning materials, and in any marketing, or related endeavours.
If you partake in any filming or photographs you will be providing your consent to the release of your image, likeness and the sound of your voice. You will also be agreeing that the footage may be edited and used by AB Retailing Group Limited, in whole or in part, in all media, including, but not limited to, CD-ROM, DVD, Internet, television, radio and cable broadcast, and for all other purposes in perpetuity globally. You will not be compensated in any way for the use of your image, likeness and sound of voice and you release and hold harmless AB Retailing Group Limited from any claims or actions that arise as a result of this production.
If you do not wish to be filmed of photographed, please could you inform us in advance of the course if possible and also on the first day of the course.
9. GENERAL
If we fail to enforce, or delay in enforcing, any of our rights under these Terms, that does not result in a waiver of the rights concerned.
If any provision of these Terms or any other terms incorporated by reference is found to be unenforceable, it shall not affect the enforceability of any other provisions they contain.
No terms are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to the agreement between us.
You may not sub-license or assign any of the rights or obligations under these Terms.
We may sub-contract the performance of any of our obligations to you. We may assign any of our rights or obligations to you to someone else, provided that we notify you that we have done so.
10. LAW GOVERNING THE TERMS
Uses of this Website and these Terms shall be subject to the laws of England and Wales which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licenses and conditions of use.
11. JURISDICTION
The Courts of England and Wales shall have exclusive jurisdiction over all claims and disputes arising in relations to, out of or in connection with this Website and its use and these Terms.
12. CONTACTING US
Please submit any questions you have about these Terms or any problems concerning the Website by emailing us at info@ecomlana.com.