Terms of Use

Introduction

Use of this Website is conditional upon you accepting the following terms and conditions.  Unless otherwise specified,your acceptance of this agreement shall be indicated by your use of and/or registration with Bertie’s Nursery School.

These terms and conditions and our Privacy Notices form our agreement with you in respect of non-chargeable use of Bertie’s Nursery School Website (“the Website”) and supersede any prior agreement or arrangement with you in respect of the Website.  If a company name is inserted in your contact request, then the agreement shall be between us and that company and accordingly unless the context otherwise requires, references to"you" and "your" in this agreement shall also be to that company.  If there are any updates to this agreement, we will bring this to your attention on the home page of the Website.

Availability of the Website

We will endeavor to ensure that the Website is available 24 hours per day without any interruptions.  However, we reserve the right to make the Website unavailable at any time or to restrict access to parts or all of the Website without notice. The Website is a general information service.  We will endeavor not to make it misleading, but we cannot represent that the information accessible on or via the Website is accurate, not misleading, complete or up to date.

Use of the Website

The Website is designed for your personal, non-commercial use and you must not use it in any other way without our consent. Except as permitted under applicable law, you must not use, copy, translate, publish, licence or sell the Website or any materials or information in the Website or the structure, overall style and program code of the Website.

Your Contributions

You agree to only use the Website for lawful purposes and that any information that you provide in connection with, or which forms part of, the Website will be, as far as you are aware, true and accurate and will not infringe any copyright or trade mark, or any right of privacy, publicity or personality or any other right, whether registered or unregistered, of any other nature or any person,or be obscene or libellous or blasphemous or defamatory and you agree to indemnify us against all claims, proceedings, damages, liabilities and costs,including legal costs arising out of your breach of this term.  We cannot make any assurances about the information or contribution made by any other user and you should exercise caution before acting or otherwise relying upon any information you obtain via the Website.

Links

The Website may include links to other internet sites.  Without limiting what we say elsewhere, we make no representations or warranties about those sites or their content, nor that the links work.  Your linking to any off-site pages or other sites is at your own risk.

Data Protection

It is your responsibility to ensure that you give us an accurate and valid e-mail address and other contact details and tell us of any changes to them, however we cannot make any assurances about any other user you may meet using the Website.  

We comply with all applicable Data Protection laws in the UK. For a description of how we use your personal data, please see our Privacy Policies.

Intellectual property

The Website, its style and structure, and the materials and information on the Website are protected by copyright and other intellectual property rights, and may not be used by you except as expressly provided in this agreement.  The authors of the documents in the Website assert their moral rights.  The logos and service marks which you see on this site are registered or unregistered trademarks of the Downs School and its subsidiary Bertie’s Nursery.

Our Liability

It is a condition that your use of the Website is at your own risk.  We shall not be liable to you or in breach of this user agreement for any delay or failure to perform any obligation if the delay or failure is due to a cause beyond our reasonable control including, without limitation, the blocking or restricting of information to and/or from our network.

Except as expressly provided in this agreement, we disclaim any further representations,warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill.

We disclaim all and will not be liable in contract, tort (including, without limitation,negligence) or otherwise arising in connection with this agreement or the Website for: (i) consequential, indirect or special loss or damage; or (ii) any loss of goodwill or reputation; or (iii) any economic losses (including loss of revenues, profits, contracts, business or anticipated savings), in each case,even if we have been advised of the possibility of such loss or damage and howsoever incurred.

Small Print  

Either of us may terminate this agreement at any time. You may not transfer any of your rights or delegate any of your obligations under this User Agreement without our prior written consent.  If we fail to enforce any provision of this User Agreement, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion.  Nothing in this User Agreement shall confer on any third party any benefit or the right to enforce any term of the User Agreement. This User Agreement is governed by English law and any dispute connected with this agreement is subject to the exclusive jurisdiction of the English courts.  Nothing in this User Agreement affects your statutory rights as a consumer.

Complaints

If you believe that your intellectual property or other rights are being infringed by the Website, or if you are dissatisfied with the Website or any aspect of our service,in the first instance please contact Office@bertiesnursery.com