Web Use Policy

Important notice!

These USAGE POLICY (hereinafter referred to as: “Usage Policy”) apply to EVERY User visiting or using this Website, Content and Services. This Usage Policy are available on our Website. Along with the Terms of Service and  Privacy Policy, this Usage Policy make up a single, legally binding document between you and Brookes Learning. By accessing and using BrookesLearning.com, you are therefore compliant and expressly AGREE to all conditions contained in this Usage Policy, and thus find them reasonable. Further, your behaviour on this Website is governed and subject to this Usage Policy, Privacy Policy, Terms of Service and all auxiliary documents you are given access to, and thereby know.

Brookes Learning is a legitimate and legally bound Service, owned and managed by Alexander Brookes Associates Limited

References

References in these documents to Brookes Learning, “We” or “Us” mean Brookes Learning, or (if different) an owner Company or another Parent or Daughter Company that is conducting the specific Sale and/or any successors and assigns there to. References to “You”, “Your” and “User” mean the person, group or other entity using Brookes Learning.  References to “Buyer” mean Users which have successfully submitted an order, and entered into contract with Brookes Learning.

 

  1. INTRODUCTORY TERMS

By visiting and using Brookes Learning’ Website, You are therefore compliant to all Terms including the express terms and restrictive covenants these Usage Policy and Brookes Learning’ other legal documents and/or notifies include, and thus find them to be reasonable. If you do not find these terms reasonable, please stop using this Website and Services. Deletion of your User Account or Profile information is also needed. Unless you do so, you WARRANT that you are compliant to this Usage Policy and terms to which you are properly notified via Our Website. Further, you hereby INDEMNIFY Brookes Learning, its owner Company, Subsidiaries, Offices, Partners, Employees, Management or Administrative Team, other Representatives and all future individuals or legal persons involved with Brookes Learning, for any losses possibly suffered in connection to the Website, Software, Content and Services. Brookes Learning, being a private entity does NOT support intolerant behavior and does not promote any penal activity.

 

USAGE POLICY

Effective 27 February 2017

 

  • Usage Guidelines. Copyright notice.

You therefore agree that you are going to use this Website, Content and Services reasonably. You agree that you will withhold of any actions that can cause or could cause damage to Brookes Learning’ Website, Software, Content and Services. You and every person you approve with, using Your Account may not engage in any activity which may result in lowering the overall quality of the Website and Services offered there. You and other people allowed to use your respective User Account will also withhold of any activity that may cause nuisance, or in any other way prevent any other Users from using the provided Content and Services. Any and every person shall further withhold of any actions which are recognised by law as unlawful, illegal, fraudulent or harmful towards Brookes Learning’ Website, Software, Services or Functionality, and shall not, in any way promote this illegal activity, under the penalty of civil and penal provisions of the applicable Canadian law. Brookes Learning’ Website, Content and Services are not to be used for distribution of Spyware, Trojan Horses, Root kits, Keystroke Loggers or any Malware while using Brookes Learning, its Software and Services, under the penalty of the Canada’s applicable civil and penal provisions. You and individuals Authorised to use Your User Account shall also withhold of any systematic or automated information and data collection activities, including data harvesting, limitation scrapping, data mining and other similar activities without the consent of the Website’s administrators under the penalty of privacy protection statutes under Canada’s applicable law. Any consent issued by the Website’s administrators on data collection will be fully coherent with the Canadian governing law and in compliance with this Website’s set of legal documents. If such consent is possible to issue, because of statutory provisions by Canada’s applicable law, any eventual consent will be issued in paper form on previous request, and will be subject to further notification of the Website’s visitors, customers and Users. Without the required form and previous notification of Users, any consent given by Brookes Learning for data collection is null and void. This Website is not to be used for marketing purposes without the Website administrators’ consent. Such consent will be issued in proper form, in full compliance with the Privacy Policy and Canadian applicable law. One shall not transfer, sublet or otherwise dispose of their respective rights and obligations. You shall further not engage in unacceptable behaviour, namely: – harassment, threatening or intimidating another User, – sending any unlawful, threatening, abusive, offensive, defamatory or hateful text or voice communication or images and other material, any ethnically or racially objectionable material, or any material infringing intellectual property, privacy and publicity rights of any third-party, – using obscene or offensive User Names or Nicknames, – posting any material with the intent to solicit other Users, – permutation of usage of inappropriate language about the room You are hosting, – abusing Your rights to take action against individuals logged into a specific room You are hosting, – disparaging Brookes Learning’ services, Brookes Learning or its representatives or employees, administration and other staff. Brookes Learning reserves the rights to: – Restrict access to certain areas of this Website, which are not meant to be available for visitors, consumers and Users; – Further disable access to certain areas of this Website in full discretion of the Website’s administrators, under full discretion without a previous notice or explanation; – Restrict access to other areas of this Website, in case of violation of these terms. These restrictions are in full Brookes Learning’ discretion, and can be issued without explanation or notice; – Enable access to certain areas of the Website, providing You with a User ID and Password, which are for Your PERSONAL use. It is advised to keep these credentials confidential, in case of misuse by third parties.

 

1.2.         Anti-solicitation provisions

One shall withhold of any solicitation, causing or assisting to any employee, officer, director, agent, administrator, commissioner, consultant or helper in: terminating, suspending, discontinuing of employment, consultancy and/or any relationship this person has with Brookes Learning; becoming employed by, or work for any other person, group or entity other than Brookes Learning. One shall further withhold from soliciting or causing an existing or potential Customer to cease using Brookes Learning and the provided Products and Services or soliciting and causing a potential Customer to use other Products or Services competitive with Brookes Learning’ Products and Services. One may NOT, in any way aid, abet or allow any person, group or entity in any of the aforementioned actions. One shall further withhold from making any slanderous, negative or defamatory statements about Brookes Learning or any of its Representatives, which may result in hurting the reputation, image or goodwill of Brookes Learning or its Representatives.

 

2.1.         ACCOUNT USAGE

Users, for the purposes of visiting and browsing our Website may or may not have a registered account. Please note that some aspects of functionality of Brookes Learning are to be limited without having a registered account. Upon registration, some personal information may be required from you. For purchases, please see the “Purchasing on Brookes Learning” subsection. The personal information that may be required from you is your contact details (such as, without limitation: name, email address, shipping address, country and state, telephone number) and your billing details (such as, without limitation: the billing credentials according to your preferred way of purchasing goods from Brookes Learning).

 

2.2.         Submissions on Brookes Learning

For the purposes of this section, all forms mutual communications between users or between users and this Website’s administrators, including, but not limited to: comments, ratings or other communications such as text, videos, pictures or other multimedia files on this Website will be referred to as “User Submissions” or simply “Submissions”. User Submissions are a type of content added by (all types of) users, as opposed to the created and displayed content by Brookes Learning. All content uploaded to this Service is to be regarded primarily as a User Submission. Brookes Learning reserves the right, but not the obligation, to start inquiries about possible breaches of this Usage Policy. Brookes Learning does not, in any way, endorse, favour or otherwise approve of any User Submission which is freely uploaded by the Registered Users. Violations of the Terms under which Content may be uploaded may result in removal of the Submission with or without previous notice. Repeated breaches of the Content Terms may result in a part-time or permanent ban of a User from accessing certain functionalities of our Service. Upon sharing your User submission, you retain all proprietary rights. You hereby grant Brookes Learning a Universal, Worldwide, non-Exclusive, Royalty-free, Transferable License to be used, reproduced, performed, modified, displayed and otherwise manipulate with the User Submission. These licenses granted by you in User Comments are perpetual and irrevocable. The licenses are not valid for User submissions which have or had been deleted by the Users. Please note that this license is only granted to Brookes Learning in order to feature or display some of your user submissions on its Website worldwide. User submissions of General users allowed to upload user comments in various forms (text or multimedia) is not to infringe any copyright, intellectual property right or other proprietary rights of any third party whatsoever, outside the scope of fair use. In case a user submission (ex. User comment) is used for marketing goals on behalf of Brookes Learning, the name or nickname of the user will be included as a form of accreditation.

 

3.1.         BREACH OF TERMS. ACCOUNT TERMINATION. INQUIRIES.

Brookes Learning reserves the right to terminate a User’s access to its Website or Software if, under appropriate circumstances, they are determined to be repeated Infringers. Brookes Learning further reserves the right to decide, weather User Submissions of any kind are appropriate, and if they comply with these provisions. Brookes Learning reserves the right, but not the obligation to initiate personal inquiries of potential abuse and/or misbehaviour personally or upon filed reports or complaints, regarding any Users’ activity. Any investigation or inquiry will be at the sole discretion of Brookes Learning and it will include any steps that Brookes Learning finds appropriate. Note that these steps may include disclosing User conduct to one or more entrusted parties. Sanctioned by Canadian governing law, any misconduct and/or breach of the aforementioned usage provisions will be treated as seen fit by Brookes Learning under its sole discretion.

 

3.2.         Discretional Rights

Methods of preventing further damage or nuisance towards other Users may, Brookes Learning’ staff or other third parties towards which Users have committed a breach of their rights include: – Suspension or Termination of Your User Account with or without previous notification; – Temporary or permanent Bans from Our Websites with or without previous notification; Other methods Brookes Learning’ staff/administrators see fit. Further note that Brookes Learning, in dealing with specific breaches of these provisions, does exclude bringing up civil and/or penal legal action against an individual or group, whom or which have taken part in this type of behaviour. Note that Brookes Learning may disclose Your personal information in the NECESSARY range under Canada’s applicable law in connection with any current or future legal proceedings in order to constitute or defend its respective rights or in case Brookes Learning needs to comply with the demands (namely formal requests) of appropriate State authorities.

 

  1. GENERAL DISCLAIMER

4.1.         General Disclaimer and Limitation of Liability

 

Brookes Learning website, content, software and services are all provided “as is”. Brookes Learning does not unilaterally provide any express or implied terms, representations, warranties or conditions. Brookes Learning, it’s employees, offices, agents or other representatives are further not liable, to the maximum extent permitted by law for any: direct, indirect, special or consequential loss; business or private losses, including: income, savings, or profit loss, loss of contract, loss of goodwill, partnership(s) or representation(s) loss, warranty loss, data corruption, personal loss. The aforementioned limitations apply even in the case that Brookes Learning had been advised of the potential loss. Brookes Learning does not take any responsibility for the unreasonable behaviour of visitors and/or third parties. Furthermore, Brookes Learning does not take any responsibility for publishing any content, which is not in any way meant to constitute and/or provide any type of professional advice. Brookes Learning is further not responsible in any way, to no extent in the unlikely case of severe host and/or server failure or breach, or any other Vis major, which is not in scope of Brookes Learning ability to control. This disclaimer cannot and will not exclude any warranty or liability implied by U.S. governing law, will not exclude and/or limit any warranty or liability which is illegal or unlawful to limit or exclude in compliance with U.S. applicable law. You hereby understand this liability limitation statement, and are fully compliant with it.

 

4.2.         Disclaimer on User satisfaction due to hardware compatibility

Brookes Learning is not to be held liable for any third-party hardware compatibility issues which may occur. Any malfunctions of third party-hardware, design, functionality, features, limits of usage or safety implications are not and cannot be caused by the Brookes Learning software in any way whatsoever. All specifics on compatibility are to be assessed on the appropriate dedicated space/store in which the Service is to be downloaded from. Further, all specifics on compatibility are also to be referenced clearly on our Website. Brookes Learning is not to be held responsible for the use of third-party hardware which can cause damage to the third-party hardware, as the Service only provides functionality protocols via it’s App. Brookes Learning does NOT, in any way, extend the functionality of the specific third-party hardware, and is to be regarded only as a way of utilising and/or controlling the third-party hardware. Brookes Learning reserves full discretional rights in the matter of choosing to discontinue support or functionality logistics towards any hardware, at any time. Malfunctions of hardware cannot occur due to usage of the Brookes Learning Service. If you have experienced some malfunctions, please contact the third-party hardware supplier or company directly, and exercise your rights of warranty, replacement or repair according to the contractual terms you entered into with the third-party Company or individual.

 

4.3.         Disclaimer on continuity of structure, content, service and functionality

Any aspect of the Service may be discontinued at any time at sole Brookes Learning discretion. Brookes Learning is not to be held liable for any partial or full discontinuance of the Service’s features, structure, the functionality or content. Any complaints on these elements may be expressed by giving us appropriate feedback.

 

4.4. Content Disclaimer and Limitation of Rights

This Website’s content is primarily original, unless stated and/or attributed otherwise. The site’s content is gathered, modified and published with respect to the Authors (Licensors) in accordance with all applicable U.S. and international intellectual property law standards. Brookes Learning, together with the Authors (Licensors) owns and controls all the copyright and/or other intellectual property rights of the complete content on the Service. All the copyright and/or other intellectual property rights regarding this Service’s full content (including, but not limited to sections of this Service which are or are not available to the general public, registered users, persons with authorized access to specific sections of the Service etc.) are reserved. Unilateral statements voiding partial or full reservation of copyright and/or other intellectual property rights are null and void. All eventual further licensing and/or transfers of copyright and/or other intellectual property rights regarding the design, content and/or functionality of this Service can only be transferred via a binding agreement between Brookes Learning, requiring express consent towards the transfer of these rights to third parties upon their previous request, which is made available to this Service’s visitors. Users are allowed to: – View specific pages of this Service which are allowed for his/her use; – Download pages from this Service for the means “caching” in a web browser, print pages from this Service, stream audio or video files from this Service; – Use the services that this Service offers, using a personal computer or mobile device web browser; – Use this Service’s content, functionality and/or services for personal (business) purposes, in accordance with the Service’s Terms and Conditions.

One is to restrict of, under threat of civil and penal retribution: – Download content from this Service and/or save content to one’s private computer and/or mobile device; – Edit or modify content directly on this Service. With the exception of Licensors/Authors, which have expressly reserved their rights to do otherwise, one is further not allowed to: – Republish content from this Service; Exploit or redistribute this Service’s content for commercial purposes; – Sell, rent or sublet this Service’s content for profit or any other purposes, nor show this Service’s content in public. Without the proper consent (licensing and/or sublicensing), one is to withhold of: – Selling, renting or subletting content on this Service; – Republishing material from this Service; – Copying, reproducing, duplicating, modifying or recreating content from this Service (unless the content is expressly made available for these purposes); Redistributing this Service’s content (unless the content is expressly made available for this specific purpose). If the content of the site is already subject to an exclusive License, it cannot be passed on to a specific petitioner requesting a License or Sublicense. The Service’s administrators do NOT warrant that Consent (thereinafter: License) will be issued to every person, group and/or other third party, which has filed a formal request for Licensing. Filing a request for licensing this site’s content is possible via e-mail or by post. Individual requests and given Licenses will be issued in written or electronic form. Note that any unilateral transfer of copyright and/or other intellectual property rights is null and void. If the content of this Service, acquired by Brookes Learning via a specific License which requires the Author’s consent or attribution, the possible Sublicense would be issued in writing or in electronic form, upon reaching the specific Sublicensing requirements. These requirements will be stipulated between all the parties involved, and all parties involved will express their consent towards further licensing of licensed content. Note that any unilateral transfer of copyright and/or intellectual property rights is null and void. Any breach of content and intellectual property law provisions, sanctioned by U.S. applicable law does not exclude the possibility of Brookes Learning treating the issue in a way it sees fit. Note that legal action against the individual or group involved in such a breach is not excluded.  If you have any abuse concerns, please do not hesitate to report the possible abuse, according to the guidelines available in our Privacy Policy. Abuse concerns can be reported via e-mail or by filling out a specific form which is available on this Service.

 

4.5.         Disclaimer on Content created by Users

Brookes Learning does its very best provide a platform in which no user submission has inappropriate, obscene or profound submissions. Brookes Learning cannot take any responsibility for the actions of Users on our Platform, but does deserve the right of deletion of any such submission in case of independent inquiry or inquiry on demand or report of other users.

 

4.6.         Disclaimer on possible variations of products

Brookes Learning can not warrant for the precision and empiric correctness of the description provided by the Website (ex. Clothes sizes, Measurements according to official sizing or measurement charts), as these specifications are submitted by Users themselves. Due to varying personal and/or performance settings of mobile or static computer displays, Brookes Learningcannot, and finds it unreasonable as a seller, to warrant for the precision of the displayed color or texture on the photographs displaying the products which could be offered throughout its service. Brookes Learningwill take no responsibility for the incorrect color or texture choice due to the performance or personal settings of Users’ displays, but the Service may, in its sole discretion, undo any possible error that has been made whilst displaying the product’s correctness by empiric measurements. Brookes Learning, as a potential social provider of transaction of goods will take no liability in case that labels portray a different measurement according to a specific measurement chart.

 

4.7.         Disclaimer on Services

Brookes Learning may offer Newsletters, Add-ons, Subscriptions and functionality extensions of its Service in the Future. For the purposes of this subsection, the aforementioned shall be regarded as a one-time, limited and non-transferrable licensed element which is meant to expand the functionality of the Website. We cannot and will not be held liable for any change, modification or discontinuance of the aforementioned elements, as it is in our sole discretion and our legitimate right to choose which of the aforementioned shall persist.

 

4.8.         Disclaimer on Pricing

For the purposes of this document, every pivotal pricing element of extension of functionality, products, services, add-ons or in-app purchases shall be expressed in United States Dollars. Please note that prior to submitting a payment, you are to be prompted to a specific area of our Service where a breakdown of the final price, along with possible delivery options (possibly differing in pricing) shall be displayed. All prior offers are to be superseded by the pricing breakdown displayed upon checkout. If not amended specifically in checkout, all other Terms shall stay unchanged. Please note that your payment is to be made in the equivalent of United States Dollars on the day of submission of payment, in accordance with the fixed exchange rate of your native bank or money transfer provided between a different currency and the United States Dollar currency. Further note that pricing of items may vary in different jurisdictions, due to the differences in taxation or other regulation having an effect on the final price of the product. All remaining taxation or fees imposed upon the Users by their respective money transfer service providers is outside the scope of control of Brookes Learning, and Brookes Learning is not to be held responsible for any of the aforementioned. Further notice that any dealings between You and other Users outside the Scope of Services (namely outside the Website itself) of Brookes Learning, depending on your mutual agreement is your sole responsibility. If such a transaction is dealt with utilizing Brookes Learning’s communication protocols between two users, and transactional protocols outside the Service are used, the transaction and further execution of the potential agreement between the two Users is to be their sole responsibility. Execution of any contract between two Users, whether solemnized via Brookes Learning or outside its scope of Services is the sole responsibility of the Users, as the Service does not handle financial transactions, does not have the potential products which are to be potentially sold in stock, or does not work as a transport provider for Users.

 

4.9.         Disclaimer on Analytics and targeted Advertisements

You hereby understand, and find it reasonable that our Services need to be self-sufficient in order for Brookes Learning to function. The Service includes third-party analytics and advertisement Services, which may offer us feedback on our User base response to certain areas of the website, traffic and demographics. This is used via a method which renders this information completely anonymous, so that no User may be personally identified from the information collected. Advertisement placement services (such as, without limitation: Google AdSense) provide targeted Advertisements which may be of interest to you as a part of a broader demographic. Certain Companies and Services utilize Google AdSense to conduct self-promotion on third-party websites, such as Brookes Learning. We cannot be held liable for any conduct or practice of a third-party who/which is advertised on our Website, do not endorse or in any way favor these third-party Websites, Applications, Services and/or Products, and we distance ourselves from any statement made in the placed advertisement. We cannot be held liable for any link that may lead you towards another Website. Prior to using the Website(s) which are linked to the advertisement, it is recommended that you get acquainted with their respective set of Terms.

 

4.10.      Disclaimer on information transfers

Brookes Learning takes Security of information very seriously. In case that the Service is partially or fully going through a business acquisition, some of the personal information might be amongst the assets transferred. These assets will be handled with the same amount of Security and Privacy protection as guaranteed by Brookes Learning in the present. You are hereby informed that some communication and user submission possibilities render your submission to our Service available to the world at large. You further agree that any submission is not, in any way, endorsed or favored on our behalf. We distance ourselves from any statement or opinion made on the public forum or other public submission sections, without exclusion to your own user profile. Further note that any submission may be removed in our sole discretion for non-compliance with the Terms of Service, Privacy Policy, Intellectual property law standards or this Disclaimer.

 

4.11.      Disclaimer on Security breaches and Fair information practices

Brookes Learning is to be held liable in the single case that it had broken the codes of ethics and etiquette, as well as the fair information practices of not noticing a security breach in the Service. Brookes Learning will notify you of any possible security breach via e-mail. If such security breach exists, the Service will assess the problem, and will remove the security threat immediately after the initial discovery.

 

  1. ASCENT AND END PROVISIONS

5.1. Document as a whole

This Usage Policy reflect the policy of Brookes Learning in regards to your usage of this Website. They are further intended to inform Brookes Learning Service’s Users of the possible results of breaches of these Terms, in regards to using this Website, Software and/or Services. If you have any questions, do not hesitate to contact us via e-mail, post, telephone number or by using our Online Support Service.

 

5.2. Consumer Protection Clause

No terms set forth herein are constructed in any way or manner in order to limit or otherwise obstruct consumer protection rights. If any such clause exists by applicable law, it shall not affect the enforceability of the remainder of this document.

 

5.3. Headings

Headings arranged in numerical and contextual value have been used in this document. Please note that these headings are inserted for mere convenience, and the names do not have to necessarily produce legal effect.

 

(c) 2017 Brookes Learning. All rights reserved.

© 2017 Brookes Learning.