The services and/or products provided to you by Spark Global Education t/a Simera Ltd., UK. (hereinafter referred to as “we”, “us”, “our” or the “Company”) its subsidiaries, agents and affiliates, in conjunction with (hereinafter referred to as “Website”), are subject to the following Terms of Service. If you do not understand or agree to be bound by (or cannot comply with) any part of the Terms of Service described herein, you must immediately cease using the Website. The Company reserves the right to update the Terms of Service at anytime, with or without notice to you. The current version of the Terms of Service can be reviewed by following the URL link at the footer of UK Student Adviser's web pages.
In Plain English: You agree to follow the rules we set out in this agreement. If you cannot follow these rules, you must stop using our website.
Please review our Privacy Notice, which also governs your visit, to understand our practices. Our Privacy Notice can be viewed at www.ukstudentadviser.com/privacy-policy.
When you visit the Website or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
In Plain English: If you use our website or send emails to us, we may email you back. If needs be, we can send you legal documents via email.
In Plain English: These terms apply to all users of our Website, whether you are a reader or contributor. Your use of any other website or any third-party content that is not ours is at your own risk. It is your responsibility to be aware of when you leave the website.
A. The Company hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without the Company's prior written authorization; (iii) you will not alter, download (except page caching) or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company or the Website or its affiliates without Company’s express written consent. You may not use any meta tags or any other “hidden text” utilizing the Company’s or its affiliates' name or trademarks without the Company’s the express written consent. Any unauthorized use terminates the permission or license granted herein. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark belonging to Company or its affiliates as part of the link without the Company’s express written permission.
In Plain English: You are not allowed to use the content of our Website for your own personal gain unless through our affiliate program (under the conditions applicable to the affiliate program). You are also not allowed to change or alter any of the content on the website for your own personal or commercial use.
B. In order to access some features of the Website, the Company may require you to open an account and provide certain registration information as prompted by one or more registration forms. You are responsible for maintaining the confidentiality of your passwords, usernames and e-mail addresses provided to the Company. You are entirely responsible for any and all activities that occur on your account. The Company is not liable for any loss that you may incur as a result of someone else's misuse of your account or password, either with or without your knowledge. Furthermore, you may be liable for losses incurred by the Company, its affiliates, representatives, agents or assigns due to someone else using your account or password. You agree that your e-mail addresses will not contain any vulgar or offensive terms, words, phrases or in any other way violates this agreement. The Company reserves the right, at its sole discretion, to immediately terminate any account it believes uses an e-mail address in violation with this section of the agreement. Additionally, if you wish to utilize services on the Website or make purchases from the Company or third-party vendors, you may be required to provide certain Purchasing Data (as described and detailed below).
In Plain English: You may have to register to use the Website. Protect your password and username as we are not liable if you lose it. We are not liable if someone gains access to your account. Also, do not use profanity or other vulgar terms in your communications, user names or email addresses. We have the right to terminate your use of the website if you do.
C. You agree not to use or launch any automated system, including without limitation, “robots,”“spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the Company servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, the Company grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Company reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website.
In Plain English: You can use the Website for personal use. Do not use the Website or its functionality as an advertising means or use automated systems on the Website. Do not solicit and do not collect personal information from the website for your own use.
D. The Company reserves the right, at its sole discretion, to terminate, suspend or otherwise limit your account, for any or no reason at all, without your consent, prior notice or explanation and without liability. You may terminate or suspend your account at any time for any reason.
In Plain English: We can close your account and/or ban you if we want to.
Intellectual Property Rights
The content on the Website, including without limitation, the Manuscripts, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Except as otherwise provided for herein, Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Company reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
In Plain English: Our Website and its content is ours; the eBooks are property of the authors. You can visit, but do not take anything or use anything that does not belong to you. The eBooks can be downloaded for personal use, but do not attempt to resell them or provide them to others. If you have a friend who wants to read the book, have them download a copy from the website.
You agree that your use of the website shall be at your sole risk. To the fullest extent permitted by law, the company, its affiliates and sublicensees, and their officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. The company makes no warranties or representations about the accuracy or completeness of this website's content or the content of any sites linked to this website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, the content and the manuscript, (iii) any unauthorized access to or use of the company’s secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the website, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, and/or (vi) any errors or omissionsin any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website. The company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and the company will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Limitation of Liability
In no event shall the company, its affiliates and sublicensees, and their officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website content or manuscript, (iii) any unauthorized access to or use of the company’s secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the website, (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that the company, its affiliates and sublicensees shall not be liable for the manuscript or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
You agree to defend, indemnify and hold harmless the Company, its affiliates, sublicensees and their officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website the Content and any Manuscript; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any Manuscript submitted by you caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.
Ability to Accept Terms of Service
The Company's website, products and/or services are intended for use and access solely by those individuals that are thirteen (13) years of age and older. By using and/or accessing the Company's website, products and/or services, you represent and warrant that you have the right and capacity to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.. Furthermore, you represent and warrant that you will, at all times, abide by all terms and conditions contained within this Terms of Service and any other associated agreement and that:
The Company reserves the right, at its sole discretion, to immediately terminate your account if the Company believes you are under the age of thirteen (13).
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.
Notice And Procedure For Making Claims Of Copyright Infringement
If you believe your work has been copied and posted on or through the Company's website in a way that constitutes copyright infringement or infringement of any other applicable intellectual property law (hereinafter referred to as the "Offending Material"), please send the Company's Copyright Agent a notification of claimed infringement with all of the following information: (i) identification of the Offending Material, or, if multiple Offending Materials are covered by a single notification, a representative list of such works; (ii) identification of the Offending Material and information reasonably sufficient to permit us to locate the Offending Material (e.g., providing URL(s) where the Offending Material may be found); (iii) information sufficient for us to contact you (e.g., address, telephone number and/or an email address); (iv) a statement by you that you have, in good faith, a belief that the Offending Material's use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the above information is accurate and that you are the owner, or are authorized agent of owner, of the Offending Material; and (vi) your physical or digital signature.
Company’s Copyright Agent for notice of claims of copyright infringement on its Website can be reached as follows:
Spark Global Education t/a Simera Ltd., UK
Email : [email protected]
You agree that: (i) the Website shall be deemed solely based in United Kingdom; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than Nevada. These Terms of Service shall be governed by the internal substantive laws of the United Kingdom, without respect to its conflict of laws principles. Any claim or dispute between you and the Company that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in United Kingdom. These Terms of Service, together with the Privacy Notice and any other legal notices published by the Company on the Website, shall constitute the entire agreement between you and the Company concerning the Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. The Company reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. With respect to the “In Plain English” comments, these are provided merely for assisting with understanding the obligations hereunder and in no way restrict, modify or limit the language of the clauses they relate to. You agree that you are bound by the full terms of this Agreement and any conflict between the language of this Agreement and the language contained in the “In Plain English” sections, the language of this Agreement will be controlling. You and the company agree that any cause of action arising out of or related to the website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.