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Terms and conditions

Terms and conditions

Marshall Gurney Institute (“Institute”, “we” or “us”) is a wholly owned facility of Felin Education Limited incorporated by Royal Charter in England and Wales, Registration No. 8784428.  Our registered office is at Menter Berllan Enterprise Hub, Llanerfyl, Welshpool, Powys SY21 0AS United Kingdom. If you wish to contact us, please go to the “Contact Us” page.

Please read these Terms of Use carefully. They apply to the website you were using which linked to these Terms of Use (the “Site”). They govern your use of the Site and of all other Marshall Gurney Institute websites.   In addition, please read our Privacy Policy. It applies to our collection and use of your personal information in relation to the Site. Users with an Institute account are also bound by the Terms and Conditions agreed to during account creation.

We may change these Conditions of Use from time to time by updating this page. You should review this page regularly. Your continued use of the Site after changes have been made will be taken to indicate that you have read and accepted those changes. You should not use the Site if you are not happy with any changes to these Conditions of Use.

Access to and use of the Site is provided by Marshall Gurney Institute on the terms following. By using the Site you are acknowledging that you have read and accepted these Conditions of Use, the Privacy Policy and (if you have an Institute account) the Terms and Conditions agreed during Institute account creation.

Conditions of Use

  1. Introduction
    1 These terms and conditions shall govern your use of our web based College.
    1.2 By using our web based College, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our web based College.
    1.3 If you [register with our web based College, submit any material to our web based College or use any of our web based College services], we will ask you to expressly agree to these terms and conditions.
    1.4 You must be at least [18] years of age to use our web based College; by using our web based College or agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age.
    1.5 Our web based College uses cookies; by using our web based College or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our [privacy and cookies policy].
  2. Credit
    1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).
  3. Copyright notice
    1 Copyright (c) 2016 Felin Education Limited t/a Marshall Garney Institute.
    3.2 Subject to the express provisions of these terms and conditions:
    (a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our web based College and the material on our web based College; and
    (b) all the copyright and other intellectual property rights in our web based College and the material on our web based College are reserved.
  4. Licence to use web based College
    1 You may:
    (a) view pages from our web based College in a web browser;
    (b) download pages from our web based College for caching in a web browser;
    (c) print pages from our web based College, for personal use only;
    (d) stream audio and video files from our web based College, for personal use; and
    (e) use our web based College services by means of a web browser,
    subject to the other provisions of these terms and conditions.
    4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our web based College or save any such material to your computer.
    4.3 You may only use our web based College for your own personal and business purposes, and you must not use our web based College for any other purposes.
    4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our web based College.
    4.5 Unless you own or control the relevant rights in the material, you must not:
    (a) republish material from our web based College including republication on another web based College;
    (b) sell, rent or sub-license material from our web based College;
    (c) show any material from our web based College in public;
    (d) exploit material from our web based College for a commercial purpose; or
    (e) redistribute material from our web based College.
    4.6 Notwithstanding Section 4.5, you may redistribute our newsletter / news feed / blog / facebook links in print and electronic form to any person.
    4.7 We reserve the right to restrict access to areas of our web based College, or indeed our whole web based College, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our web based College.
  5. Acceptable use
    1 You must not:
    (a) use our web based College in any way or take any action that causes, or may cause, damage to the web based College or impairment of the performance, availability or accessibility of the web based College;
    (b) use our web based College in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
    (c) use our web based College to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
    (d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our web based College without our express written consent;
    (e) access or otherwise interact with our web based College using any robot, spider or other automated means;
    (f) use data collected from our web based College for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
    5.2 You must not use data collected from our web based College to contact individuals, companies or other persons or entities.
    5.3 You must ensure that all the information you supply to us through our web based College, or in relation to our web based College, is true, accurate, current, complete and non-misleading.
  6. Registration and accounts
    1 To be eligible for a licence to the content on our web based College under this Section 6, you must accept that the laws of England preside over any disputes in the interpretation or directive of this section.
    6.2 You may register for a licence with our web based College by completing and submitting the account registration form on our web based College, and clicking on the verification link in the email that the web based College will send to you.
    6.3 You must not allow any other person to use your account to access the web based College.
    6.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
    6.5 You must not use any other person's account to access the web based College.
  7. User login details
    1 If you register for a Licence with our web based College, we will provide you with, OR you will be asked to choose, a user ID, normally your email address and password.
    7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
    7.3 You must keep your password confidential.
    7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
    7.5 You are responsible for any activity on our web based College arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
  8. Cancellation and suspension of account
    1 We may:
    (a) suspend your access Licence;
    (b) cancel your Licence access; and/or
    (c) edit your account details,
    at any time in our sole discretion without notice or explanation.
    8.2 You may cancel your account on our web based College by notifying us by email to director@marshallgurneyinstitute.com .
  9. Your content: licence
    1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our web based College for storage or publication on, processing by, or transmission via, our web based College.
    9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media OR reproduce, store and publish your content on and in relation to this web based College and any successor web based College OR reproduce, store and, with your specific consent, publish your content on and in relation to this web based College.
    9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
    9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
    9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
    9.6 You may edit your content subject to agreement with the Academic Director.
    9.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
  10. Your content: rules
    1 You warrant and represent that your content will comply with these terms and conditions.
    10.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person in each case in any jurisdiction and under any applicable law.
    10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
    (a) be libellous or maliciously false;
    (b) be obscene or indecent;
    (c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
    (d) infringe any right of confidence, right of privacy or right under data protection legislation;
    (e) constitute negligent advice or contain any negligent statement;
    (f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
    (g) be in contempt of any court, or in breach of any court order;
    (h) be in breach of racial or religious hatred or discrimination legislation;
    (i) be blasphemous;
    (j) be in breach of official secrets legislation;
    (k) be in breach of any contractual obligation owed to any person;
    (l) depict violence in an explicit, graphic or gratuitous manner;
    (m) be pornographic, lewd, suggestive or sexually explicit;
    (n) be untrue, false, inaccurate or misleading;
    (o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
    (p) constitute spam;
    (q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
    (r) cause annoyance, inconvenience or needless anxiety to any person.
  11. Limited warranties
    1 We do not warrant or represent:
    (a) the completeness or accuracy of the information published on our web based College;
    (b) that the material on the web based College is up to date; or
    (c) that the web based College or any service on the web based College will remain available.
    11.2 We reserve the right to discontinue or alter any or all of our web based College services, and to stop publishing our web based College, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any web based College services, or if we stop publishing the web based College.
    11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our web based College and the use of our web based College.
  12. Limitations and exclusions of liability
    1 Nothing in these terms and conditions will:
    (a) limit or exclude any liability for death or personal injury resulting from negligence;
    (b) limit or exclude any liability for fraud or fraudulent misrepresentation;
    (c) limit any liabilities in any way that is not permitted under applicable law; or
    (d) exclude any liabilities that may not be excluded under applicable law.
    12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
    (a) are subject to Section 12.1; and
    (b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
    12.3 To the extent that our web based College and the information and services on our web based College are provided free of charge, we will not be liable for any loss or damage of any nature.
    12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
    12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
    12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
    12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
    12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the web based College or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
  13. Breaches of these terms and conditions
    1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
    (a) send you one or more formal warnings;
    (b) temporarily suspend your access to our web based College;
    (c) permanently prohibit you from accessing our web based College;
    (d) block computers using your IP address from accessing our web based College;
    (e) contact any or all of your internet service providers and request that they block your access to our web based College;
    (f) commence legal action against you, whether for breach of contract or otherwise; and/or
    (g) suspend or delete your account on our web based College.
    13.2 Where we suspend or prohibit or block your access to our web based College or a part of our web based College, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
  14. Variation
    1 We may revise these terms and conditions from time to time.
    14.2 The revised terms and conditions shall apply to the use of our web based College from the date of publication of the revised terms and conditions on the web based College and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions; if you do not agree to the revised terms and conditions, you must stop using our web based College.
  15. Assignment
    1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
    15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
  16. Severability
    1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
    16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
  17. Third party rights
    1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
    17.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
  18. Entire agreement
    1 Subject to Section 12.1, these terms and conditions, together with shall constitute the entire agreement between you and us in relation to your use of our web based College and shall supersede all previous agreements between you and us in relation to your use of our web based College.
  19. Law and jurisdiction
    1 These terms and conditions shall be governed by and construed in accordance with English law.
    19.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
    19.3 MGI shall maintain complete and accurate records of any supporting documentation for all transactions both financial and non-financial that result from or are created in performance of their obligations under this Agreement.
    19.4 Subject to 19.3 above, both parties may discuss whether any dispute is suitable for submission to the formal mediation procedure of either Centre for Effective Dispute Resolution (CEDR) or the ODR / ADR procedure from the European Commission (http://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/adr-odr/index_en.htm)

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