Terms and Conditions of the use of Ontuition.com web-site

These Terms and Conditions apply when you access our website to use Ontuition Limited ("Ontuition") services. Before proceeding to use our services, you should read the Terms and Conditions carefully. If you find yourself unable to agree to them, then you must not use our website. If, however, you agree to them you will be given the opportunity to click the "I accept" checkbox during the registration process, and you will then be able to use our website and the Ontuition services to which these Terms and Conditions apply.

Ontuition may amend these Terms and Conditions at any time by posting the amended Terms and Conditions on our website ("the Site") and announcing such changes in the site administration forum.

Except as stated below, all amended Terms and Conditions shall be automatically effective after they are posted on the Site. It is therefore important that you check these Terms and Conditions and the website on at regular intervals.

Table of contents

1. General Information
2. Membership Eligibility
3. Formation of Contract
4. Fees and Services
5. The Site
6. Ontuition.com and DSRs
7. Your Information
8. Access and Interference
9. Breach
10. Privacy
11. No Warranty
12. Liability Limit
13. Indemnity
14. Legal Compliance
15. No Agency
16. Notices
17. Intellectual Property
18. Intellectual Property Infringement
19. General

1. General Information

1.1 For your information we list below the address details of Ontuition:

Registered Office:	Cobham Murphy
Registered Company no.	5652204
Contact Address:	116 Duke Street, Liverpool, Merseyside, L1 5JW
E-Mail:	support@Ontuition.com

2. Membership Eligibility

2.1 Our services are available only to individuals who have the capacity to form legally binding contracts under the law applicable to these Terms and Conditions. Without limiting the foregoing, our services are not available to minors (under 18 years of age). If you do not qualify, you are not permitted to use our services and no contract will be formed between you and Ontuition.  Further, our services are not available to temporarily or indefinitely suspended Ontuition members

3. Formation of Contract

3.1 In order that a legally binding contract can be formed between Ontuition and a member eligible under clause 2 above, the member is required to accept these Terms and Conditions by clicking the 'I accept' checkbox during the registration process

3.2 Ontuition in their absolute discretion reserves the right to refuse, suspend or cancel membership of any member

3.3 These Terms and Conditions shall override any contrary terms or conditions published by Ontuition (unless it is made clear in writing by Ontuition that they are to supersede these Terms and Conditions) or terms and conditions provided by members or any third party or appearing on this web site pertaining to members

3.4 In consideration of Ontuition agreeing to the member`s use of the Site, the member agrees to comply with these Terms and Conditions

3.5 Ontuition is not obliged to supply the services to you until we have confirmed acceptance of your order which shall be when the contract is made and confirmed in an email to you

4. Fees and Services

4.1 Ontuition reserves the right to change its fee policy and the fees charged for our services from time to time. Changes to the policy will become effective fourteen (14) days after notice of the changes have been posted on the announcements board of the Site. However, Ontuition may choose to temporarily change the fees for special services offered from time to time.  Such changes become effective immediately upon posting notice of the changes on the announcements board. In these instances, you will have an opportunity to review and accept the fees that you will be charged for the use of Ontuition’s services. Unless otherwise stated, all fees are quoted in UK Sterling. You are responsible for paying all fees associated with using our services and the Site and all applicable taxes.

5. The Site

5.1 Ontuition reserves the right to change the content, presentation, performance, user facilities and availability of any part of the Site at its sole discretion and without notice. It is the member`s responsibility to refer to and update itself in relation to any changes made. Any such changes will become effective upon posting by Ontuition

5.2 Ontuition does not warrant any continuity of connection, transmission over security or results from the use of any network connection or facilities provided or omitted to be provided in connection with the use of the Site

5.3 Where Ontuition provides hyperlinks to a third parties website, Ontuition shall not take any responsibility for nor does it make any warranties, representations or undertakings about the content of any other web-site which may be referred to or accessed by the hyperlink and Ontuition does not endorse or approve the content of such third parties web-sites.

5.4 Ontuition makes no warranty as to the continuous availability of the Site, but shall use reasonable endeavours to keep down time to a minimum

6. Ontuition.com and the Consumer Protection (Distance Selling) Regulations 2000 (DSRs)

6.1 English law, under the DSRs, usually entitles you the right to cancel an order made online within 7 working days after receiving the goods. HOWEVER THIS RIGHT DOES NOT APPLY TO OUR SERVICES. You do NOT have the right to cancel our services as the services shall have commenced prior to the end of the cancellation period as provided by the DSRs. THIS IS VERY IMPORTANT AND YOU CONSIDER THIS POINT BEFORE PLACING YOUR ORDER.

6.2 Under certain circumstances, a refund may occasionally be offered at the discretion of the management.

7. Your Information

7.1 "Your Information" is defined as any information you provide to Ontuition or other users during registration, in any public message area, through feedback or any e-mail or form features.

7.2 Your Information and conduct (or any items listed therein) shall not:

• be false, inaccurate or misleading;
• be fraudulent or involve the sale of counterfeit or stolen items;
• infringe any third party`s copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
• violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• be defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
• be obscene, blasphemous, contain any pornography including without limitation child pornography or other legally resricted material;
• contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with anyone or anything;
• post or transmit chain letters, pyramid schemes, advertising, promotional materials, or other solicitation except as where explicitly requested by another user.

7.3 Ontuition will only use Your Information in accordance with the Privacy Policy to the Site

7.4 You are responsible for all statements made and acts that occur through the use of your membership and password. Please don`t disclose your password to anyone. If your password has been stolen, you must let us know. Ontuition may at any time, and at its sole discretion, terminate your membership without prior notice to you for violating the above provisions.

7.5 While Ontuition cannot review all transmissions by members in the forum, we reserve the right to, and we may from time to time, monitor any information transmitted or received through our service. Ontuition, at our sole discretion and without further notice to you, may review, remove, or otherwise block any information (including posts to message boards) that we deem inappropriate or that violates any of our agreement with you or these Terms and Conditions

8. Access and Interference

8.1 You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without the prior written consent of Ontuition.

8.2 You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or to reverse engineer any part of the Site or the Site’s content.

8.3 You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Site`s infrastructure.

8.4 Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Ontuition by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from the Site without the prior written consent of Ontuition or the appropriate third party, with the exception of downloading or printing a single copy for yourself for offline viewing.

9. Breach

9.1 Without limiting other remedies, Ontuition may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if:

• you breach our Agreement with you or these Terms and Conditions or the documents it incorporates by reference (including but not limited to our Privacy Policy)
• Ontuition are unable to verify or authenticate any information you provide to us; and  
• Ontuition believe that your actions may cause legal liability for you, our members or us

10. Privacy

10.1 For more details on Privacy, please review our Privacy Policy.

11. No Warranty

11.1 The Site including, without limitation, its contents, functionality, performance and features are provided on an "as available basis" at the member`s sole risk and without representations or warranties of any kind and to the full extent permitted by law. Ontuition and other parties involved in creating, producing or delivering the Site expressly exclude all warranties, conditions or terms express or implied, statutory or otherwise including without limitation any warranty as to satisfactory quality or any warranty or commitment that access or use will be uninterrupted or error free.

12. Liability Limit

12.1 Nothing in these Terms and Conditions is intended to limit or exclude any liability on the part of Ontuition where and to the extent that applicable law prohibits such exclusion or limitation including without limitation death or personal injury.

12.2 Subject to the above statement, in no event shall Ontuition or its suppliers be liable for any indirect or consequential losses including without limitation lost profits; lost sales; lost business; lost opportunity; lost information; lost anticipated savings; or special, indirect or consequential damages (however arising, including as a result of negligence) arising out of or in connection with our agreement with you or these Terms and Conditions.

12.3 Accordingly subject to clause 13.1, you agree not to bring a claim of any nature against Ontuition in relation the use of or access to the Site, except where such a claim cannot be excluded by law. You acknowledge and agree that Ontuition will have the right (subject to the discretion of the Court) to a stay of proceeding if you bring any claim against Ontuition in breach of the foregoing

12.4 Nothing in these Terms and Conditions shall affect your statutory rights.

13. Indemnity

13.1 You agree to indemnify, defend and hold harmless Ontuition and its subsidiaries, affiliates, officers, directors, agents, and employees, from and against any claim, demand, liability, cost, damage or lost it may incur, including legal fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

14. Legal Compliance

14.1 You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service

15. No Agency

15.1 You agree that you and Ontuition are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by you accepting our services any agreement between us or these Terms and Conditions.

16. Notices

16.1 All notices required to be served on Ontuition shall be sent to the contact address stated in clause 1 or to the e-mail address of Ontuition.

17. Intellectual Property

17.1 You acknowledge that the ownership in any intellectual property rights (including, without limitation, patents, copyright, rights in databases, trade marks and trade names) in the Site belongs to Ontuition or its third party licensors.  Accordingly, any part of this Site (or its source HTML code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilising this Site, meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content in connection with our services.

17.2 Copyright and all other intellectual property rights subsisting in each and every piece of information provided on the Site is owned by Ontuition or the third party providers of such information. You may use information retrieved from the Site only for the purposes of our services.

17.3 Ontuition reserves the right in accordance with the licence granted under in our agreement with you to license and republish the material contributed by you. Any work republished will be with proper attribution to the author.

17.4 No person other than the rightful owner or licensee of any copyright and other intellectual property rights may:

17.4.1 distribute, modify, transmit, re-use, re-post, or use any or all of the information on this Site for any purpose other than as set out above nor for public or commercial purposes without Ontuition`s or the relevant licensee`s prior written permission;

17.4.2 provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to the Ontuition services without Ontuition`s or the relevant licensee`s prior written permission;

17.4.3 display, publish, copy, print, post or otherwise use the Ontuition services and the information contained therein for the benefit of any other website without Ontuition`s or the relevant licensee`s prior written permission;

17.4.4 process or otherwise use the information contained on or within the Ontuition services for any illegal or immoral purpose nor use or process the same unfairly.

17.5 You therefore hereby undertake to Ontuition to indemnify and hold harmless Ontuition in full and defend at its own expense Ontuition against all claims, liabilities, costs and losses whatsoever and howsoever incurred by Ontuition its servants or nominees arising out of any claim made against it in any jurisdiction in the world for infringement of any intellectual property rights of any third party caused by your use of the Site and your Information.

17.6 Ontuition, Ontuition.com, the Ontuition.com logo and the Ontuition logo are trade names or trade marks of Ontuition, the use of which is expressly forbidden by any other persons without the express permission of Ontuition.

17.7 Ontuition makes no warranty or representation in respect of any other trade mark or trading name, symbol or device, all of which are hereby acknowledged. If you have any questions in relation to the use of any marks contained within the Ontuition services please contact Ontuition at the address below.

18. Intellectual Property Infringement

18.1 Contributors might share messages and information that they have electronically copied from other sources. As there are many thousands of possible sources spread out across the Internet, ranging from newspapers to scientific journals to bulletin boards, it is impossible for Ontuition to know if a posting or other content contribution infringes a third party`s intellectual property right and to what degree.

18.2 If you believe that your intellectual property right has been infringed, it is your obligation to notify Ontuition immediately. Ontuition accepts no liability for copyright infringement by any of its members though Ontuition will endeavour to protect any rights owner through appropriate action should any infringement come to light.

19. General

19.1 These Terms and Conditions and any agreement between us shall be governed and construed in all respects by the laws of England the courts of which shall have exclusive jurisdiction.

19.2 If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck out of these Terms and Conditions and the remaining provisions shall remain in force. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.  Ontuition`s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

19.3 The laws of your country may be different from those of England and Wales in numerous respects. There is no practical way for Ontuition to monitor the laws of every country in detail. Please do not assume that you are allowed to do what other members do. Ontuition.com does not approve or validate transactions, advice or communications, and you accept sole responsibility for the legality of your actions under laws applying to you.

19.4 Ontuition does not accept any obligation to protect you from any unsafe merchandise, products or services that may be offered on the Site. Please do not assume that such items offered will be harmless to people or property.

19.5 These rules are in addition to all others contained in the agreement. You are responsible for checking that your activities are all lawful according to the local laws in your country. If you and any other party are both based in the European Union and enter into a transaction agreement of any kind through the site then the seller`s local law will govern further dealings as to shipment, payment etc. - unless you both explicitly agree otherwise.

19.6 Note however, that your country (and/or that of any member you deal with) may have some laws, which apply regardless of what you agree with us (now) or with that member (later).