Website Terms of Use

Last updated 16 April 2008

The Douglas Stewart EDU website at www.dstewartedu.eu (the "Site") is owned by Douglas Stewart EDU Ltd (company registration number 05319423). Our main place of business is at 4a Fleet Business Park, Sandy Lane, Fleet, Hampshire, GU52 8BF, UK. Douglas Stewart Edu Limited is a wholly owned subsidiary of The Douglas Stewart Company, a US company with its main place of business at 2402 Advance Road, Madison, Wisconsin 53718, USA.

Your access to, and use of, the Site or any derivations thereof is provided by and is subject to the terms, conditions and notices set out herein and in our Privacy Policy ("Terms of Use") and all applicable laws and regulations. By accessing and using the Site, you accept and agree to be bound by, without limitation or qualification, these Terms of Use and and acknowledge that any other agreements between you and Douglas Stewart Edu Limited are superseded with respect to this subject matter. If you do not agree and accept, without limitation or qualification, these Terms of Use then please exit the Site. By continuing to use the Site you are deemed to accept and to be bound by the Terms of Use. We may change the Terms of Use at any time at our sole discretion and your continued use of the Site after any such changes are made, will indicate your agreement to those varied terms. For the purposes of the Terms of Use "we", "our" and "us" refers to Douglas Stewart Edu Limited and any reference to "you" or "your" means you, the User.

 

1. Intellectual property

The Site and all of its contents including, but not limited to, the text, Site (as well as the organisation and layout of the Site), design, logos, graphics, icons and images (the "Content") are owned and copyrighted by Douglas Stewart Edu Limited or others (including our licensors) with all rights reserved unless otherwise noted. All trade marks, copyright, database rights, design rights, patents and other intellectual property rights (together "the Rights") in the Content and the Rights in any software or underlying software code that is made available for download from the Site ("Software") are owned by us or our licensors. Any Content that is a trademark, logo or service mark is also a registered or unregistered trademark of Douglas Stewart Edu Limited and/or third parties. Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any Rights of Douglas Stewart Edu Limited or any other third party. Where the Content is owned or copyrighted by a third party, certain restrictions may apply that you have to comply with. Where these apply, they will be indicated on the relevant part of this Site. Your use of any Content, except as provided in these Terms of Use, without the written permission of Douglas Stewart Edu Limited is strictly prohibited. You are also advised that Douglas Stewart Edu Limited will enforce their intellectual property rights to the fullest extent permitted by the law, including the seeking of criminal prosecution.

You may retrieve and display the Content of the Site on a computer screen or print one copy of such Content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy, publish, distribute or make available to the public (whether in print or electronic form) any of the Content contained in the Site without our prior written consent.

 

2. General Disclaimer

The Content on this Site may include inaccuracies or typographical errors. Douglas Stewart Edu Limited reserves the right to make changes periodically to this Site at any time and without notice. However, Douglas Stewart Edu Limited makes no commitment to regularly update the information contained in this Site. While Douglas Stewart Edu Limited has taken all reasonable effort to ensure that the information contained within the Site is correct, you should be aware that the information it contains may be incomplete, incorrect, or may have become out of date. Furthermore, Douglas Stewart Edu Limited does not guarantee that this Site will operate uninterrupted or error-free, that defects will be periodically corrected or that it is compatible with your computer, hardware or software.

Information, advice and opinions expressed in this Site should not be relied upon for personal, legal, financial or other decisions. You should consult an appropriate professional for specific advice tailored to your situation.

DOUGLAS STEWART EDU LIMITED SHALL USE REASONABLE CARE AND SKILL IN CARRYING OUT THE SERVICES CONTAINED IN THIS SITE. HOWEVER ALL CONTENT (INCLUDING THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO DOUGLAS STEWART EDU LIMITED, ITS PRODUCTS AND SERVICES (OR TO THIRD PARTY PRODUCTS AND SERVICES)) AND ALL PRODUCTS AND SERVICES ARE SUBJECT TO CHANGE AND ARE PROVIDED TO YOU "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS OR ANY KIND OF WARRANTY MADE OF ANY KIND (WHETHER EXPRESSED OR IMPLIED BY LAW) TO THE EXTENT PERMITTED BY LAW, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF SUITABILITY, SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, Douglas Stewart Edu Limited neither warrants nor represents that your use of any Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date.

Douglas Stewart Edu Limited assumes no responsibility for any information not provided on this Site or for the failure of any services offered on this Site.

 

3. Exclusion of liability

YOUR USE OF THE SITE (INCLUDING WITHOUT LIMITATION YOUR DOWNLOADING OF ANY SOFTWARE OR DATA) IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DOUGLAS STEWART EDU LIMITED, EXCLUDES ITS LIABILITY AND THAT OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, SUB-CONTRACTORS AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE FOR ANY OF THE FOLLOWING LOSSES OR DAMAGE (WHETHER SUCH LOSSES WERE FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE): (A) LOSS OF DATA; (B) LOSS OF REVENUE OR ANTICIPATED PROFITS; (C) LOSS OF BUSINESS; (D) LOSS OF OPPORTUNITY; (E) LOSS OF GOODWILL OR INJURY TO REPUTATION; (F) LOSSES SUFFERED BY THIRD PARTIES; OR (G) ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY CONNECTED WITH ITS PRODUCTS OR SERVICES, THE USE OF OR ACCESS TO THIS SITE OR CONTENT, OR THE INABILITY TO USE THIS SITE, ANY WEBSITES LINKED TO THIS SITE OR THE CONTENT OF SUCH WEBSITES (INCLUDING WITHOUT LIMITATION: THE INADVERTENT DOWNLOADING OF COMPUTER VIRUSES FROM THE SITE OR FROM E-MAILS SENT FROM THE SITE THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THIS SITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS SITE OR ANY WEBSITES LINKED TO THIS SITE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. NOTHING IN THESE TERMS OF USE IS INTENDED TO LIMIT OR EXCLUDE THE USER'S STATUTORY RIGHTS AS A CONSUMER (IF ANY). NOTHING IN THESE TERMS OF USE EXCLUDE OR LIMIT DOUGLAS STEWART EDU LIMITED'S LIABILITY FOR: DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE (AS SUCH TERM IS DEFINED BY THE UNFAIR CONTRACT TERMS ACT 1977); OR FRAUD; OR MISREPRESENTATION AS TO A FUNDAMENTAL MATTER; OR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IF YOUR USE OF MATERIAL ON THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA, YOU ASSUME ALL COSTS THEREOF.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT.

 

4. Our losses

You agree to indemnify Douglas Stewart Edu Limited against any claims, demands or proceedings brought against Douglas Stewart Edu Limited by any third parties if they are a result of your use of this Site or your other actions or omissions or where Douglas Stewart Edu Limited suffers any loss or damage as a result of your breach of these Terms of Use. Your "use" of this Site includes any use by third parties where those parties access this Site using your computer. In such circumstances, you agree to pay Douglas Stewart Edu Limited all costs, damages and expenses (including reasonable legal fees) awarded against Douglas Stewart Edu Limited or otherwise incurred by Douglas Stewart Edu Limited, arising from any claims, or legal proceedings

 

5. Links to third party web sites

The Site may contain links to websites owned or operated by parties other than Douglas Stewart Edu Limited. Such links are provided for your convenience only. If you use these links, you may leave the Site or, alternatively, the link and third party website content may be framed within this Site. Douglas Stewart Edu Limited has not reviewed all of these third party websites or such framed content, and does not control, and is not responsible for their operation nor for the content on or privacy policies on, or the security of, such websites. Without limiting the foregoing, Douglas Stewart Edu Limited specifically disclaims any responsibility if such websites:

  • Infringe any third party's intellectual property rights.
  • Are inaccurate, incomplete or misleading.
  • Are not merchantable or fit for a particular purpose.
  • Do not provide adequate security.
  • Contain viruses or other items of a destructive nature.
  • Are libellous or defamatory.

Neither does Douglas Stewart Edu Limited endorse or make any representations about the content or any products or services available on such websites or any results which may be obtained by using them. Neither is it associated with the operators or administrators of such websites. If you access such websites or establish a link to such websites or the Site, you do so at your own risk and without the permission of Douglas Stewart Edu Limited.

 

6. Linking to this Site

ATTENTION: LINKING TO THIS SITE INDICATES THAT YOU ACCEPT THESE TERMS OF USE AND LEGAL RESTRICTIONS AND THAT YOU WILL ABIDE BY THE GUIDELINES SET OUT BELOW. IF YOU DO NOT ACCEPT THESE TERMS OF USE OR YOU DO NOT AGREE TO ABIDE BY THESE GUIDELINES, DO NOT LINK TO THIS SITE.

If you provide hyperlinks to this Site, you agree that you:

  • May link to, but may not replicate, any Content.
  • Shall not frame or otherwise create a browser or border environment around any Content.
  • Shall not imply that Douglas Stewart Edu Limited is endorsing you or your products or services.
  • Shall not misrepresent you or your website's relationship with Douglas Stewart Edu Limited.
  • Shall not present false, misleading or inaccurate information about Douglas Stewart Edu Limited or Douglas Stewart Edu Limited's products or services on your website or otherwise disparage Douglas Stewart Edu Limited's products or services.
  • Shall not use Douglas Stewart Edu Limited's logos, trade marks, service marks or the suchlike without express prior written permission from Douglas Stewart Edu Limited.
  • Shall not include content on your website that is or could be construed as illegal, distasteful, offensive or controversial, which infringes any intellectual property rights or other rights of any person or otherwise does not comply with all applicable laws and regulations and you shall include on your website only content that is appropriate for all age groups.
  • Shall not remove or obscure any of the information, Content or notices contained on the Site.
  • Shall not link to an internal page of this Site that is located one or several levels down from the home page or bring up or present Content of this Site on another website without Douglas Stewart Edu Limited's prior written permission.
  • Shall not link from a website that is not owned by you.
  • Shall inform Douglas Stewart Edu Limited in writing of the link.
  • Shall immediately discontinue the link if instructed to do so by Douglas Stewart Edu Limited.

Douglas Stewart Edu Limited expressly reserves the right to revoke the right granted in this section for any breach of these Terms of Use and to take any further action it deems appropriate in respect of such breach.

 

7. Modification of the Terms of Use

Douglas Stewart Edu Limited may at any time, and without notice, revise these Terms of Use by updating this posting online. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use. These Terms of Use cannot be altered by you unless it is agreed in writing by Douglas Stewart Edu Limited.

 

8. Governing law and jurisdiction

Your use of the Site will be governed by and construed in accordance with the laws of England and Wales . The courts of general jurisdiction located within England, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact. If you have any queries with regard to this web site please contact us at info-eu@dstewartedu.eu.

 

9. Miscellaneous

These Terms of Use refer only to your viewing of this Site. Separate terms and conditions apply to prize draws, competitions and promotions which we may run from time to time as well as to products and services sold through this Site.

Nothing in the Content within the Site or materials accessed via the Site, other than the Terms of Use, is intended to form any binding contract. In particular, notes on products, services and the like are stated on an "invitation to treat" basis (i.e. they are not offers which will become binding upon purported acceptance by you) and are "subject to availability".

If Douglas Stewart Edu Limited decides to waive any breach of obligation arising under these Terms of Use, then that does not mean that Douglas Stewart Edu Limited have waived any other breach or any future breaches.

All rights and remedies under these Terms of Use are cumulative and are not exclusive of any rights or remedies provided by law or by any other agreement.

If at any time any part of the Terms of Use are determined to be invalid, illegal or unenforceable in any respect pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations above, then that invalid, illegal or unenforceable part shall be severed from the remainder of the of the Terms of Use and the validity, legality and enforceability of the remainder of the Terms of Use shall not be affected or impaired in any way. Further, the invalid, illegal or unenforceable part will be deemed superseded by a valid, legal or enforceable part that most closely satisfies the intention of the original part. The validity, legality and enforceability of the remainder of the Terms of Use shall not be affected or impaired in any way.

A printed version of this Site and these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of this Site.

Except for other companies in the Douglas Stewart Edu Limited group, these Terms of Use are not enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person not a party to them.