Terms and conditions

GENERAL TERMS AND CONDITIONS: USERS OF ONLINE SERVICES

For Use of the Gateshead Council Schools Go Smarter Website

This Agreement is between the Borough Council of Gateshead (“Gateshead” “the Council” we” “our” or us”) and the individual or body to whom Gateshead has agreed to supply the Online Services and Materials (the “user”). The following terms and conditions govern your use of the online subscription services supplied by Gateshead (the "Online Services") and the materials and content available therein ("Materials"):

1. RESTRICTIONS ON USE

1.1 Subject to any supplemental terms which may apply to You, you are granted access and use the Online Services and Materials from time to time made available to you for the purposes only of school classroom use for information and as a research resource in connection with promoting awareness of and encouraging the use of sustainable modes of travel, and for no commercial use whatsoever. You will comply with the restrictions and limitations contained in clauses 6.3 and 6.4 below as if the same were incorporated herein.
(a) The right to electronically display Materials retrieved from the Online Services is limited to the display of such Materials primarily within schools, school classrooms and educational establishments, subject to the User’s Terms;
(b) The right to obtain a printout of Materials is limited to a printout of a reasonable portion of the Materials obtained using the printing commands of the Online Services (if any) or your web browser software and the creation of a single printout of a reasonable portion of the Materials downloaded via downloading commands of the Online Services (if any) or your web browser software in all cases solely for the permitted purposes in clause 1.1 (collectively, "Authorised Printouts"); and
(c) The right to retrieve and store machine-readable copies of the Materials is limited to the retrieval of a single copy of a reasonable portion of the Materials included in any individual file of the Online Services using the downloading commands of the Online Services (if any) or your web browser software and storage of that copy in machine readable form for no more than the period of your subscription in all cases solely for the permitted purposes in clause 1.1. Insubstantial electronic copies of the Materials may be stored beyond the time restriction referred to in this clause 1(c). This clause is subject to the overriding obligation upon you not to create your own independently searchable database of the Materials or links to the Materials (in the latter case except with our written consent). This clause is also restricted to the extent the storage of those Materials is not further limited or prohibited by the User’s Terms;
1.2 To the extent expressly permitted by applicable copyright law and not further limited or prohibited by the User’s Terms, you may make copies of Authorised Printouts and distribute Authorised Printouts and copies during the period of your subscription solely for the permitted purposes in clause 1.1.
1.3 Except as specifically provided in Sections 1.1 and 1.2, you are otherwise prohibited from downloading, storing, reproducing, transmitting, displaying, printing, copying, distributing, or using Materials retrieved from the Online Services. You may not print or download Materials without using the printing or downloading commands of the Online Services (if any) or your web browser software. All access to and use of the Online Services via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of the Online Services is strictly prohibited. Use of the Online Services is permitted only via manually conducted, discrete, individual search and retrieval activities.
1.4 All right, title, and interest (including all copyrights and other intellectual property rights) in the Online Services and Materials (in both print and machine-readable forms) belong to us or our third party suppliers. You acquire no ownership of copyright or other intellectual property rights or proprietary interest in the Online Services, Materials, or copies thereof.
1.5 Except as specifically provided herein, you may not use the Online Services or Materials retrieved from the Online Services in any fashion that infringes the copyright or proprietary interests therein.
1.6 You may not remove or obscure the copyright notice or other notices contained in Materials retrieved from the Online Services.
1.7 Other provisions that govern your use of Materials are set forth in the User’s Terms.

2. LIMITED WARRANTY
2.1 We represent and warrant that we have the right and authority to make the Online Services and Materials available pursuant to these General Terms and Conditions.
2.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 3.1, THE ONLINE SERVICES AND MATERIALS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND WE MAKE NO EXPRESS WARRANTIES UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THAT THE ONLINE SERVICES AND MATERIALS ARE OR WILL BE COMPLETE OR ACCURATE OR FREE FROM ERRORS OR THAT INFORMATION WILL CONTINUE TO BE AVAILABLE TO US TO ENABLE US TO KEEP THE ONLINE SERVICES AND MATERIALS UP-TO-DATE.

3. LIMITATION OF LIABILITY
3.1 To the maximum extent permitted by law, a Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Online Services or any Materials available or not included therein, (b) the unavailability or interruption to the supply of the Online Services or any features thereof or any Materials, (c) the User's use or misuse of the Online Services or Materials (regardless of whether you received any assistance from a Covered Party in using or misusing the Online Services), (d) your use of any equipment in connection with the Online Services, (e) the content of Materials, (f) any delay or failure in performance beyond the reasonable control of a Covered Party, or (g) any negligence of a Covered Party or its employees, contractors or agents in connection with the performance of our obligations under this agreement.
3.2 "Covered Party" means (a) us, and any officer, director, employee, subcontractor, agent, successor, or assign of ; and (b) each third party supplier of Materials, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of Materials or any of their affiliates.
3.3 Our liability to you for breach of any condition or warranty implied under any law which cannot be lawfully modified or excluded by this agreement shall, to the extent permitted by law, be limited at our discretion to refunding the whole or part of your current annual payment. Nothing in this Agreement is intended to exclude liability for death or personal injury resulting from any negligence by us.
3.4 Our liability to you for loss or damage of any kind (including loss or damage caused by negligence) is reduced to the extent that you caused or contributed to that loss or damage.
3.5 SUBJECT TO CLAUSE 4.3, THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR MATERIALS SHALL NOT EXCEED THE AMOUNT OF YOUR CURRENT ANNUAL PAYMENT TO US FOR THE ONLINE SERVICES OR YOUR ACTUAL DIRECT DAMAGES WHICHEVER IS THE LOWER. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.
3.6 SUBJECT TO CLAUSE 4.3, THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCOME, LOSS OF PROFITS OR LEGAL FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE ONLINE SERVICES, MATERIALS, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY.
3.7 The Materials are provided for reference purposes and not for any commercial use
3.8 Whilst reasonable efforts are made to keep the Materials up to date, you should obtain independent verification or advice before relying upon any piece of information in circumstances where loss or damage may result.

GENERAL TERMS AND CONDITIONS OF USE: NON SUBSCRIBERS
4.1 These terms, which appear in the succeeding paragraphs, govern your use of our website. By using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.
4.2 We own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.
4.3 You must not:
a) republish material from this website
b) sell, rent or sub-licence material from the website
c) show any material from the website in public without our permission
d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose
e) edit or otherwise modify any material on the website or
f) re-distribute material from this website except for content specifically and expressly made available for re-distribution
4.4 You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website, or in any way which is unlawful, illegal, fraudulent or harmful or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; you must not conduct any systematic or automated data collection activities on or in relation to our website without our express written consent; you must not use our website to transmit or send unsolicited commercial communications (where such functionality may exist).
4.5 Access to certain areas of our website may be restricted or suspended. We reserve the right to restrict access to any areas of our website, or indeed our whole website, at our discretion.
4.6 We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date. To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website.
4.7 Nothing in these terms of use will exclude or limit our liability for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law. Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows :-
a) to the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature
b) we will not be liable for any consequential, indirect or special loss or damage
c) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business goodwill, reputation, data or information and
d) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control.
4.8 You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.
4.9 Our website may include hyperlinks to other website owned and operated by third parties. These links are not recommendations by us. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
4.10 These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.
4.11 These terms of use constitute the entire agreement between you and us in relation to your use of our website.4.12 These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the jurisdiction of the courts of England and Wales.