Website Terms and Conditions
1. About these Terms and Conditions
1.1 In these Terms and Conditions (the "Terms and Conditions"), the following words and expressions have the following meanings:
i. "We", "us", "our" or "Firemark" means Firemark Education CIC, a company incorporated and registered in England (registered number 08815287) and having its registered office at 31 Riverton Road, Puriton, Bridgwater, Somerset, TA7 8BP;
ii. "You" or "your" means the person using our Website; and
iii. "Website" means the Firemark website.
1.2 Your access to and use of this Website is subject to the following Terms and Conditions. For the avoidance of doubt, "use" of the Website includes, without limitation, accessing, browsing, linking to, posting material on or registering to use our Website.
1.3 If these Terms and Conditions are not accepted by you in full, your use of this Website must be terminated immediately. Your continued use of this Website shall be deemed acceptance by you of these Terms and Conditions.
1.4 Firemark reserves the right to change these Terms and Conditions at any time by notice on the Website. You shall review these Terms and Conditions regularly to ensure that you obtain timely notification of any such changes. Continued use of the Website after changes have been posted shall be deemed to constitute your acceptance of the amended Terms and Conditions.
2. Accessing the Website
2.1 The Website is made available free of charge.
2.2 Firemark does not warrant that the functions contained in, and the material made available via, this Website will be uninterrupted or error free, that any defects which may occur will be corrected, or that this Website or the server that makes it available are free from viruses or bugs. You are responsible for configuring your information technology, computer programs and platforms in order to access the Website. You should use your own virus protection software.
2.3 Firemark reserves the right to make changes to this Website and any product or service described in this Website at any time. Please note that any of the content on the Website may be out of date at any given time, and Firemark are under no obligation to update it.
2.4 Although the information and material contained in this Website is based upon information that Firemark considers reliable and Firemark shall use reasonable endeavours to ensure that such information and material is accurate, current and complete, Firemark does not represent that this information or material is accurate, current or complete and it should not be relied upon as such.
2.5 The content on our Website is provided for your general information only. It does not constitute technical or legal advice or any other type of advice.
2.6 We may suspend or terminate the operation of the Website or any part of it at any time in our sole discretion although we will make reasonable efforts to let you know if they are going to suspend or terminate the operation of the Website or any part of the same.
3. Acceptable Use
3.1 In accessing the Firemark Website, you agree that you may and shall only use the downloaded content of the Website for your own use.
3.2 You are not permitted and agree not to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of this or any part of the Website for any purpose whatsoever other than your own personal, non-commercial use, without our prior written approval.
3.3 You agree to use this Website only for lawful and proper purposes, and in a manner which does not infringe, restrict or limit the rights or enjoyment of this Website by any other person. In particular, but without limitation, you must not do anything which is unlawful.
3.4 If you fail to comply with the above, we reserve the right to immediately terminate your right to link to and share the content of the Website, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of materials from the Website that you have made.
4. Customer Account
4.1 If you become a registered user of the Website and create an account ("Customer Account"), you will require a valid email address and will be asked to enter a username, password and any other piece of information Firemark deem necessary as part of its security procedures.
5. Linking and framing
5.1 You may create a link to the Website from another website without Firemark's prior written consent provided no such link:
i. creates a frame or any other browser or border environment around the content of the Website;
ii. implies that Firemark endorses your products or services or any of the products or services of, or available through, the website on which you place a link to the Website; or
iii. is placed on a website that itself does not meet the Acceptable Use requirements set out in
5.2 Firemark reserves the right to require you to immediately remove any link to the Website at any time, and you shall immediately comply with any request by Firemark to remove any such link.
5.3 Our Website may contain hyperlinks or references to third party websites other than the Website. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean, unless specifically stated otherwise, that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
6.1 This Website and all information contained herein (including, without limitation, names, images, pictures, logos and icons regarding or relating to Firemark is provided without any representation, endorsement or warranty of any kind, express or implied (by law or otherwise). Any person using the information in this Website uses such information at their own risk. Except for any legal responsibility that Firemark cannot exclude in law (such as for death or personal injury caused by its negligence), in no circumstances shall Firemark be liable for any loss or damage, howsoever arising (whether for breach of contract, in negligence, in delict or tort or otherwise), out of or in connection with the use of the Website, including, without limitation, any: (i) losses that were not foreseeable to you and Firemark when this contract was formed; (ii) losses that were not caused by any breach on Firemark’s part; (iii) business losses; (iv) losses to non-consumers; (v) loss of profit; (vi) consequential losses; or (vii) loss arising from any errors or omissions in the information contained in or referred to in this Website. This Website is not intended to and does not create any legal or other relationship between Firemark and you or any third party.
6.2 Unless specifically stated, Firemark does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on our Website by a third party, including any blog or opinion piece. Any information or material placed on our Website by a third party, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of Firemark. You agree that Firemark is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even if that material breaches the terms of this Agreement.
7. Ownership and Intellectual Property
7.1 All intellectual property rights, in and to this Website and its form and content are owned by Firemark or the licensors of the same. Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world).
7.2 Neither the name "Firemark", nor the Firemark logo (or in either case, anything confusingly similar to it) nor any other proprietary rights of Firemark or its licensors contained in this Website may be used in any way, including, without limitation, in advertising or publicity in respect of the distribution of any of the information contained in this Website without the prior written approval of Firemark and nothing in this Website constitutes a licence to use any such rights in any way except as expressly permitted herein.
7.3 Nothing in these Terms and Conditions grants you any legal rights in the Website other than as necessary to enable you to access the Website. You agree not to adjust to try to circumvent or delete any notices contained on the Website (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Website.
7.4 You acknowledge that by posting comments, information or materials (including Contributions) on our Website ("Materials") you grant to Firemark an irrevocable, perpetual, royalty free, worldwide licence to use those Materials both within the Website and in any other manner and for any purpose, including commercial purposes, and to authorise others to do so. This licence extends to copying, distributing, broadcasting, and otherwise transmitting, and adapting and editing the materials. In addition, please be aware that any materials you disclose in publicly accessible portions of the Website will be available to all users of the Website, so you should be mindful of personal information and other content you may wish to post. Firemark hereby disclaims any and all liability that may arise in connection with any and all materials posted, uploaded or supplied by you on the Website.
8. Privacy and Data Protection
8.3 Firemark collect information about you so that it can:
i. identify you and manage any accounts you hold with ScottishPower;
ii. conduct research, statistical analysis and behavioural analysis;
iii. detect and prevent fraud;
8.4 Firemark may disclose your personal data to:
i. law enforcement agencies in connection with any investigation to help prevent unlawful activity; and
ii. third parties, to the extent necessary to provide the Website and/or any associated products and services to you.
8.5 Firemark will use technical and organisational measures to safeguard your personal data, for example:
i. access to your account is controlled by a password and user name that are unique to you;
ii. Firemark stores your personal data on secure servers; and
iii. payment details are encrypted using SSL technology (typically you will see a lock icon or green address bar (or both) in your browser when Firemark use this technology).
8.6 While we will use all reasonable efforts to safeguard your personal data, you acknowledge that the use of the internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal data that are transferred from you or to you via the internet. If you have any particular concerns about your information, please contact us.
9.1 If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of law then, to the extent and within the jurisdiction which that term or condition is found to be illegal, invalid or unenforceable, it shall be deleted and severed, and the remaining Terms and Conditions shall survive and shall continue to be binding and enforceable.
10. Law and Jurisdiction
10.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England. All disputes arising from these Terms and Conditions (including non-contractual disputes or claims) shall be submitted to the exclusive jurisdiction of the English courts.