Terms of Use 2018

Effective Date: 1 September 2018

Welcome to this website hosted by Pivot Point Education Limited (“Pivot Point”).  Pivot Point maintains this website for your personal information, education and communication.  Your access to and use of this website is subject to the following Terms of Use.  Please read these Terms of Use carefully before accessing or using this website, so that you fully understand your rights and responsibilities.  By accessing or using this website, you agree to these Terms of Use.  Please print a copy of these Terms of Use for your reference.

If you do not agree to the following Terms of Use, do not access or use this website, and instead contact Pivot Point in writing or via telephone listed below for further information.

Pivot Point may modify or amend these Terms of Use at any time.  All changes will be effective immediately upon their posting on this website.  Material changes will be posted conspicuously on this website.  By accessing the website after we have posted changes to the Terms of Use, you agree to all such changes.

Site Information

Information displayed on this website may change without notice.  Pivot Point reserves the right to modify all information without any obligation to notify past or current website users.  Pivot Point makes no representations that the materials on this website are appropriate or available for use in any particular state or other countries besides the United States.  When accessing this website, you are solely responsible for compliance with the laws of the state or country in which you live.

All offers set forth on this website are void where prohibited and are subject to the posting of any official rules pertaining to such offers.  Some services offered on this website may not be available in certain areas.

Privacy Policy

We process personal data in accordance with our Privacy Policy.  This Privacy Policy applies to all personal data which we collect via this website.  Please read the terms of our Privacy Policy  prior to using our website.  By accessing and using this website, you agree to such processing and you warrant that all personal data provided by you is true, correct and accurate.

Intellectual Property Rights

Copyright Pivot Point International, Inc., 2003-2018.  All rights reserved.

All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on this website are copyrighted by Pivot Point, unless otherwise noted.  In addition, many proprietary names and marks belonging to Pivot Point appear throughout this website.  This website may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners.  Any unauthorised use of any trade dress, marks, or any other intellectual property belonging to Pivot Point or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.

Use of this Website

This website is offered and made available by Pivot Point in connection with the educational services provided by Pivot Point and is intended solely for educational purposes.  You may download and print one (1) copy, and may download extracts, of any page(s) from our website for your personal, educational and non-commercial use, provided you do not delete or modify any copyright, trademark, or other proprietary notices.  You may not otherwise use, copy, modify, distribute, mirror, republish or transmit any of the content or materials of this website without the prior written consent of Pivot Point.

If you print off, copy or download any part of our site in breach of these Terms of Use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Your Account

Your account is personal to you, and you may not share your login credentials with, or allow access to your account by, any third party.  Because you will be responsible for all activity that occurs under your access credentials, you should keep your username and password secret.  If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Pivot Point by e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it..  You are solely responsible for your own losses and losses incurred by Pivot Point and others (including other users) due to any unauthorised use of your account.

Posting

Pivot Point will provide interactive areas for participation by its users.  All users of this website must also comply with the Acceptable Use Policy and any other guidelines or rules provided by Pivot Point or posted on this website.

You and other users of the Pivot Point bulletin boards, chat rooms, surveys and other interactive areas are solely responsible for the contents and consequences of the messages you communicate or post on this website.  You should exercise the utmost discretion before posting any personal information on this website.  Although Pivot Point is not obligated to monitor content or the accuracy of information, you agree that Pivot Point, in its sole discretion, has the right to monitor, without notice, any content or information posted on this website.  Pivot Point also reserves the right, in its sole and absolute discretion, to prohibit any conduct or remove any content, without notice, for any reason, and to revoke any user’s registration, for any reason.

You understand and agree that:  (1) Pivot Point assumes no liability or responsibility for any content or material of any kind that is submitted for or posted on any interactive area on the website by you or by any other users or third parties and (2) Pivot Point is a publisher of any submitted content and is acting solely as an Internet Service Provider as that term is defined in the Digital Millennium Copyright Act.

Copyright

Pivot Point respects the rights of intellectual property owners and asks that its users do the same.  If you believe that your work has been copied in a way that constitutes infringement, please provide Pivot Point the following information:

1.            a description of the copyrighted work or works that you claim have been infringed and copy of it;

2.            a description of the allegedly infringing material, including its location on the site, and a copy of this;

3.            your address, telephone number, and e-mail address;

4.            a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;

5.            a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf; and

6.            an electronic or physical signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Termination of Access

A failure to comply with the Acceptable Use Policy, or any of the other provisions of these Terms of Use, may result in the immediate termination of your registration and privileges to post content to the website, along with other possible action.  Please report any violations of these guidelines to Pivot Point, as provided for in the “Contacting Us” paragraph below.

Liability Limits

In no event will Pivot Point or any of its officers, representatives, directors, employees, consultants or agents be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, our website or use of or reliance on any content displayed on our website including any linked website or material. In particular, we will not be liable for loss of profits, sales, business or revenue, business interruption, loss of anticipated savings, loss of business opportunity, good will or reputation, or any indirect or consequential loss or damage. 

The above does not exclude or limit our liability for death, personal injury, or fraudulent misrepresentation caused by our negligence. It also does not exclude or limit our liability for any other things where the law does not permit us to do so.

Disclaimer

Pivot Point uses reasonable endeavours to ensure that all material, information and data on this website is accurate and reliable; however, accuracy cannot be guaranteed.  This website is provided by Pivot Point on an “as is” and “as and when available” basis.  Pivot Point disclaims all warranties, representations or guarantees, whether express or implied, with respect to this website, including without limitation all implied warranties of merchantability, fitness for a particular purpose, use, title and non-infringement.

Pivot Point does not warrant the accuracy, completeness, quality, reliability, timeliness, functionality or usefulness of this website or any material, information or data downloaded or otherwise obtained through use of this website; (2) the results that may be obtained from the use of this website or the use of material, information or data obtained from this website; (3) that use of this website or any materials on this website will meet any users requirements; (4) that access to the website will be uninterrupted, timely, secure or error-free; or (5) that files or other materials and information available through this website will be free of infections, viruses, worms, Trojan horses or other malicious code that could be harmful to your computer system.  Pivot Point has no responsibility for the timeliness, deletion, misdelivery or failure to store any user communication.

You acknowledge and agree (1) that your use of this website and any material, information or data downloaded or otherwise obtained through the use of this website is at your discretion and risk, and (2) that you are solely responsible for any damage to your computer system or for loss of data that results from the download of any material, information or data, and for any other form of damage that may be incurred.  None of the parties involved in creating, producing, or delivering this website or its content will be liable to users of this website for any damage resulting from use of this website or use of material, information or data downloaded or otherwise obtained from this website, nor are such parties in any way responsible for the conduct of users of this website or for information posted or exchanged on this website.

No advice or information, whether oral or written, obtained by you from Pivot Point or in any manner from this website creates any warranty.

Indemnification

You agree to indemnify, defend and hold harmless Pivot Point, its officers, representatives, directors, employees, consultants and agents on demand and a full indemnity basis for any  losses, expenses, third-party claims, liabilities, legal  fees and internal staff costs, damages and costs for claims arising from or related to your use of this website, your use of any material, information or data downloaded or otherwise obtained from this website, or your violation of these Terms of Use, including your infringement of any intellectual property or other right of Pivot Point or any other person or entity.

Interpretation and Disputes

These Terms of Use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales. 

If any provision of these Terms of Use is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator may modify such provision to the minimum extent necessary to make an invalid provision enforceable and valid. If modification is impossible or impracticable then the provision will be severed and the remaining terms of these Terms of Use will be interpreted and read to give them maximum enforceability. 

Entire Agreement

By your access or use of this website, you agree to these Terms of Use.  These Terms of Use constitute the entire agreement between you and Pivot Point with respect to your access and use of this website.  Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Pivot Point.  

Assignment 

You will not transfer any of your rights or obligations under these Terms of Use to anyone else without Pivot Point’s consent. 

All of our rights and obligations under these Terms of Use are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

 

Electronic Communications

You agree that these Terms of Use and any other documentation, agreements, notices or communications between you and Pivot Point may be provided to you electronically, to the extent permissible by law.  Please print a copy of all documentation, agreements, notices or other communications for your reference.

Contacting Us

If you have any other questions or concerns regarding these Terms of Use, please contact us at:

This email address is being protected from spambots. You need JavaScript enabled to view it.

Pivot Point Education Limited

PO Box 6340

Milton Keynes

MK1 9GR

United Kingdom