Brookes Learning is a legitimate and legally bound Service, owned and managed by Alexander Brookes Associates Limited
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.
- 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.
Effective 27 February 2017
- Usage Guidelines. Copyright notice.
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.
- 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.
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
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.
- 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.
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.