Version 1 07/12/2015
This website is owned and operated by Gatehouse Awards Limited (“GA” or “we”). We have included full details of who we are at the end of the Terms and
Conditions. Gatehouse Awards is a registered company in England and Wales whose registered office is at Queensgate House, 23 North Park Road, Harrogate,
HG1 5PD, United Kingdom, company registration number 07298045.
These Terms and Conditions constitute the agreement between you and GA. GA is entitled to enforce this agreement on its own behalf. Nothing in this
agreement shall confer on any third party any right or benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
These Terms and Conditions apply to your use of this website, its features and contents (“the Site”). Please read these Terms and Conditions carefully
before using and/or registering on the Site because by accessing or using the Site or any mobile versions of it or by linking to it, you signify that you
have read, understood and agreed to be bound by these Terms and Conditions. These Terms and Conditions are a legally binding agreement between you and us.
You are responsible for bringing these terms to the attention of anyone who may read material on this Site as a result of your access to it.
We reserve the right, at our sole discretion, to change, add or delete portions of the Terms and Conditions at any time. If we do this, we will post the
changes to these Terms and Conditions on this page and will indicate at the bottom of this page the date these terms were last revised. We may send
authorised users an email notifying you of the change. Your continued use of the Site after any such change whether or not you received an email from us
notifying you of any changes, constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any future Terms and
Conditions, please do not use or access (or continue to use or access) the Site.
We reserve the right, at our sole discretion, to make any changes to the Site and levels of service offered and to terminate access at any time. You must
not use data mining, robots, scraping or similar data gathering or extraction methods on any part of this Site without our express prior written consent.
Please note that the usage and purchase terms and privacy policies of various GA products and services may be subject to more specific terms and policies.
Please check those terms and policies frequently to determine the terms applicable to such GA products and services. If there is a conflict between those
more specific terms and conditions and these Terms and Conditions, then the more specific terms and conditions will apply.
All material on or available through this Site is (unless otherwise stated) copyright 2015 Gatehouse Awards Limited. All rights are reserved.
Users are permitted to view, print and download the material for personal, non-commercial and class room use only but in so doing are not permitted to
remove or amend any intellectual property, copyright or other proprietary notice. Class room use refers to non-commercial uses by a qualified teacher
during a class of students registered at an educational institution (“class-room use”).
Users are not entitled to modify the content of this Site or reproduce, republish, distribute, transmit, link, frame or deep-link it on any other website
without the express permission of GA. Users may not distribute, transmit, reproduce or publish by electronic or any other means any part of the data
without the prior written permission of GA. Users may not create a database in electronic or structured manual form by systematically downloading and
storing all or any of the content. All other rights reserved.
All materials used on this Site are the property of their respective owners. “Gatehouse Awards” and “Make it Happen” constitute intellectual property of
GA. The use of any other materials or intellectual property on our Site does not imply any affiliation with or endorsement of our Site by such owners.
Security of Examination Materials
All users are responsible for maintaining the security of examinations materials downloaded through this Site or any related online service GA makes
available. Secure examination materials must be downloaded and handled only by authorised members of centre staff and in accordance with GA instructions
for the conduct of examinations. Improper use of such materials, including a failure to maintain their security, may be considered malpractice and lead to
the imposition of sanctions against the centre and/or individuals. Any confirmed or suspected breaches of examination security must be reported immediately
to GA at notifications@gatehouseawards.org The Head of Centre is responsible for ensuring that
access to GA’s online systems, services and other secure systems is only given to authorised members of centre staff. All users are responsible for
maintaining the security of their log-in details and password at all times. Any unauthorised use of the centre's account by any third party must be
reported immediately to GA using the email address above.
Privacy
Registration Details or other information you provide to us as part of the registration process will be treated in accordance with our Privacy and Data
Protection Policy. By using the Site, you are consenting to have data transferred to and processed by us in line with our Policy which forms part of these
terms and conditions.
User Conduct
The Site and all its features, whether or not requiring password registration or payment, is subject to the same terms and conditions of use. You may not
use the Site or any of its features for any illegal or unauthorised purpose. You agree to abide by all applicable local, national and international laws
and regulations and are solely responsible for all your acts or omissions and for all those that occur under your account.
You represent and warrant and agree that no materials of any kind submitted to the Site, including through your account, or otherwise posted, transmitted
or shared by you, will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or
proprietary rights or contain libellous, defamatory or otherwise harmful material.
By submitting any material to us you agree to abide by the following rules. GA reserves the right but does not have an obligation to monitor materials or
any information which is posted on any part of the Site, any bulletin boards, discussion forums or any tools available on the Site allowing you to post
comments, material, views, reviews or comment on material posted by you, us or others or to interact with others or materials in any way and on any part of
the Site requiring registration or subscription allowing you to do any of the above.
We also have the right, but no obligation, at any time to delete, remove, or suspend the whole or any part of the materials or services on this Site or any
content posted on them without notice and without incurring any liability. No part of our Site is meant for you to post third-party copyrighted content,
such as songs, film clips, an episode of a TV programme, parts of books, news articles, illustrations, photos, text, or music videos.
If you find objectionable or offensive material please let us know as soon as possible by emailing notifications@gatehouseawards.org
The views, statements and opinions expressed in any areas of the site where individual contributors or advertisers can submit content are not the
statements and opinions of GA but the statements and opinions of the contributor.
By posting comments or materials through the Site, you grant us a non-exclusive, perpetual, irrevocable, royalty-free, world-wide licence to use,
reproduce, modify, adapt, translate, publish, make available, distribute, include in other works, sub-license and display any content you submit to us in
any format now known or later developed. By submitting material you acknowledge that you waive any moral rights you may have in it.
If you do not want to grant us these rights, please do not submit your comments or materials to us
.
You may use the Site only to post content that is proper and appropriate to such areas and you must not do any of the following:
1. advertise, promote or offer to sell any goods or services even if you are acting for a charity or non-profit organisation;
2. post, transmit unsolicited promotional material “junk” mail or “spam”, pyramid schemes;
3. harvest or collect email addresses or other contact information or use automated scripts to collect information from or otherwise interact with the Site;
4. reveal any confidential or sensitive information;
5. reveal any personal information belonging to other persons (for example, email address or postal address, credit card numbers, social security numbers);
6. post or link to any content that we deem unlawful, defamatory, obscene, threatening, offensive, fraudulent, harmful or otherwise objectionable (this includes but is not limited to text, graphics, video, programs or audio);
7. post content which you do not have permission to use, in particular, material that contains the intellectual property rights of third parties;
8. upload, post share or otherwise make available any material that contains software viruses, computer codes, worms, trojans or any other components with harmful or contaminating effects to any user or equipment;
9. imply that any statements you make are endorsed by us;
10. delete any author attributions, legal notices or proprietary designations or labels in any content that is posted;
11. falsify the origin or source of content that is posted;
12. contribute content with the intention of committing or promoting an illegal act;
13. use inappropriate (e.g. vulgar or offensive) language or user names;
14. impersonate any living person or purport to represent any organisation other than any GA Approved Centre their access is associated with;
15. use or attempt to use another’s account, service or system without authorisation, register for more than one account or register on behalf of another individual, group or entity;
16. reformat or frame any portion of the web pages that are part of the Site, deep link into it without permission.
Please bear in mind that we will identify you with content you submit and may release that information to a court or other official if ordered to do so.
We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or other intellectual property rights, is vulgar,
offensive or otherwise inappropriate, as determined by us in our sole discretion.
We do not undertake to keep or make available any material that you or anyone else has contributed to the Site for any length of time or at all. We may
delete, archive, make unavailable, modify or comment on any material, and close or suspend any Site pages at any time without notice.
You may not use the words “Gatehouse Awards”, “Make it Happen” or any other material intellectual property used on the Site or belonging to us, in
particular in any meta-tags or other “hidden text”, in each case without our express prior written consent.
Registration Data and Account Security
You must provide accurate Registration Details and update your Registration Details with Gatehouse Awards as necessary so that they maintain their
accuracy. You must keep your password and identification details secure and you are fully responsible for all use of your account and for any actions that
take place using your account.
You must not allow others to use your Registration Details or account, and you are solely responsible for maintaining the confidentiality and security of
your account. You agree to notify GA immediately of any unauthorised use of your Registration Details or account. GA will not be liable for any losses
arising out of the unauthorised use of your Registration Details and/or account and you agree to indemnify and hold harmless GA or any associated
companies, agents, affiliates and/or licensors, as applicable, for unauthorised uses of your account.
Purchase Terms
By ordering products or services through the Site, you agree to be bound by and accept the terms and conditions outlined in GA’s Invoicing and Fees Policy.
The purchase terms subject to change from time to time at GA’s sole discretion so you should review them each time you make a purchase.
User Disputes
You are solely responsible for your interactions with the Site and with other users of the Site. We reserve the right, but have no obligation, to monitor
disputes between you and other users.
Disclaimers
Although we try to ensure that the information we provide on this Site is correct, it is provided on an 'as is' basis, without warranties of any kind. No
warranty, express or implied, is given that any of the content of this Site is accurate, complete or up to date. GA does not accept any liability for any
error or omission of any content on this Site, including content provided by us, any affiliated entities or by any users or other third parties.
Any and all representations and warranties whether express or implied, including implied warranties of merchantability, fitness for a particular purpose or
non-infringement, whether implied by statute, common law, custom, trade usage, course of dealing or otherwise are excluded to the fullest extent permitted
by law. We do not exclude any liability in respect of death or personal injury caused by our negligence, liability for our fraud, or any other liability
that we cannot exclude by law.
We cannot guarantee and do not promise any specific results from use of the Site.
Use of this Site and any content on any part of it, whether requiring registration or not, is at your own risk. GA will not be liable to any users of this
Site (whether registered users or not) or to any third parties for any claims or losses of any nature including, but not limited to, loss of profits,
direct, indirect, special or consequential damages arising from a user’s or third party's use or inability to use this Site or any part of it, including
any loss of data or lost profits or wasted time of management or employees even if GA is aware of or has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, GA’s liability to you for any causes whatsoever, and regardless of the form of the action, will
at all times be limited to the amount paid, if any, by you to us.
GA accepts no responsibility for the content on any website to which a hypertext link from this Site exists or for any use of personal data by the third
party operating such a website. The links are provided 'as is' with no warranty, express or implied, for the information provided within them.
All authors or providers of a link into this Site should note that GA does not necessarily read, check or edit the content from such links and GA accepts
such material linked to its Site purely on the basis of an understanding that areas of the GA Site allows the distribution of materials and by linking to
this Site, the author or provider of the link gives an implied warranty that he/she/it will indemnify GA in the event of any action arising as a result of
such material appearing on or via this Site. All persons accessing this Site are also put on notice of such fact.
While GA makes all reasonable attempts to exclude viruses or other code with contaminating or disruptive properties from the Site, it cannot ensure such
exclusion and no liability is accepted for viruses and any computer code/software. You are recommended to take all appropriate safeguards before
downloading information from this Site.
Information transmitted via this Site will pass over public telecommunications networks. GA makes no representation or warranty that the operation of this
Site will be uninterrupted or error free and disclaims all liability in this respect. The Site may be temporarily unavailable from time to time for
maintenance or other reasons.
Indemnity
You agree to hold harmless, indemnify, and at our request defend, GA, its subsidiaries and other affiliated entities and their respective owners, officers,
managers, agents and employees from and against any third party claim arising from or in any way related to your material, your use of, conduct on the
Site, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation
costs, expenses and legal fees, for every kind and nature. In such a case, we will provide you with written notice of such claim, suit or action to the
address you registered with us.
Termination
GA may immediately suspend or terminate your access to the Site without notice if any breach of these Terms and Conditions of use by you is brought to our
attention.
If you breach these Terms and Conditions and we take no action, we will not be deemed to have waived any of our rights and may still use any rights and
remedies that were open to us when you broke them.
Your registration may be terminated and your profile and any content or information that you have posted on the Site may be deleted at any time. We may
prohibit you from using or accessing the Site for any reason, at any time in our sole discretion, with or without notice. These Terms and Conditions shall
apply to any use of the Site, also after your registration was terminated.
We reserve the right to deactivate user accounts and user names that are linked to lapsed Centres or linked to Centres which no longer hold Approved Centre
Status with GA.
Governing Law; Venue and Jurisdiction
By visiting or using the Site you agree that these Terms and Conditions are governed by and shall be interpreted in accordance with English law. The courts
of England and Wales have exclusive jurisdiction over any dispute between you and us, irrespective of whether or not you are a registered user and
irrespective of the type of dispute. You agree not to commence or prosecute any action against us other than in the courts of England and Wales and you
hereby consent to, and waive all defences of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction of the courts
of England and Wales. Notwithstanding this, you agree that we shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent
legal relief) in any jurisdiction.
GA makes efforts to ensure that its publications, advertising and offers on this Site fully meet the requirements of English law and foreign laws of any
country where it is intended for such content to be viewed. In the event that a foreign country's law may not be fully complied with, then GA shall be
deemed not to be directing such content to that particular country.