PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE.
By entering this website you (‘the user’) accept, without limitation or
qualification, the Terms and Conditions of Use set forth below. If you
do not accept these Terms and Conditions of Use, you should exit the
website.
1. OWNERSHIP
This website is the official website of CMT Learning Ltd. This website
is operated and managed by Visual Space and Illustration Ltd
(“VSI-thinking”). This website and its design, text, graphics, the
selection and arrangement thereof, is Copyright © of CMT Learning Ltd
although certain third party copyright materials will be included on the
website from time to time. The trade marks and trade names depicted in
this website are proprietary to those entities set forth as follows:
#logo
and
#logo
are trade marks of CMT Learning Ltd.
Other proprietary trade marks and trade names may be featured on this
website from time to time. Third party images, trademarks and brands may
not be reproduced or appropriated in any manner without the written
permission of their respective owners.
Content and information provided by third parties other than CMT
Learning Ltd identified clearly where it appears. CMT Learning Ltd
publishes this content as supplied to it and is not responsible for its
accuracy or timeliness. You must take appropriate steps to verify this
information before acting upon it.
2. AMENDING THE TERMS AND CONDITIONS OF USE
CMT Learning Ltd may add to, change or remove any part of these Terms
and Conditions of Use at any time, without notice. Any changes to these
Terms and Conditions of Use or any other terms shown on this website,
apply as soon as they are shown. By continuing to use this website after
any changes are posted, you are indicating your acceptance of those
changes. CMT Learning Ltd may add, change, discontinue, remove or
suspend any other content displayed on this website, including features
and specifications of products and services described or depicted on the
website, temporarily or permanently, at any time, without notice and
without liability.
3. LIMITED LICENCE; RESTRICTIONS
You are granted a limited licence to download the materials contained
on this website to a single personal computer, and to print a hard copy
of the materials contained on this website, solely for personal,
non-commercial use, and provided all copyright, trade mark and other
proprietary notices are left intact. Use of the materials contained on
this website on any other Internet site is strictly prohibited. The
grant of this limited licence is conditional upon your agreement to and
compliance with all these Terms and Conditions of Use. Any other use of
any of the materials on this website including reproduction (for any
purposes other than those noted above), modification, distribution, or
republication, without the prior written permission of CMT Learning Ltd
is strictly prohibited, and is a violation of the CMT Learning Ltd
proprietary rights.
If you download any software from this website, the software, including
any images or files incorporated in or generated by the software, and
data accompanying the software (collectively, the “Software”) are
subject to the limited licence set out above. CMT Learning Ltd and/or
VSI-thinking and/or their respective suppliers (as the case may be)
retain all right, title, interest and intellectual property rights in
and to the Software. You may not distribute, sell, or transmit the
Software and you are not permitted to alter, modify or adapt the
Software, including but not limited to translating, decompiling, reverse
engineering, disassembling, or creating derivative works of it.
4. DISCLAIMER
THIS WEBSITE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CMT LEARNING LTD
and VSI-THINKING BOTH DISCLAIM ALL REPRESENTATIONS AND WARRANTIES,
INCLUDING BY WAY OF EXAMPLE BUT NOT LIMITATION, AS TO FITNESS FOR A
PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.
IN ADDITION, NEITHER CMT LEARNING LTD NOR VSI-THINKING REPRESENTS OR
WARRANTS THAT THE INFORMATION AND/OR FACILITIES ACCESSIBLE VIA THIS
WEBSITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THIS WEBSITE WILL BE
FREE OF DEFECTS, INCLUDING, BUT NOT LIMITED TO, VIRUSES OR OTHER HARMFUL
ELEMENTS. THE USER OF THIS WEBSITE ASSUMES ALL COSTS ARISING AS A
RESULT OF THE USE OF THIS WEBSITE.
5. EMAIL SERVICE
In situations where CMT Learning Ltd may give you the option to
subscribe to its email service which will update you with news or
information which it considers to be of interest to you, your use of the
content received through the email service will be subject to these
Terms and Conditions of Use.
6. LINKS FROM THIS SITE
This website contains links to other Internet sites on the World Wide
Web. CMT Learning Ltd provides such links for your convenience only, and
is not responsible for the content of any site linked to or from this
website. CMT Learning Ltd disclaims all warranties, express or implied,
as to the accuracy, legality, reliability or validity of any content on
any other site.
7. LINKS TO THIS SITE
You must not establish a link to the website, unless you have received
prior written approval from CMT Learning Ltd to establish a link to the
website and in such event you shall;
- not to create any third party association with the website; and
- ensure that the link does not state or imply that CMT Learning
Ltd or any of their associates or sponsors endorses or otherwise
supports any other website activity, company or entity, or presents CMT
Learning Ltd or any of their associates or sponsors in a false,
misleading, defamatory or derogatory manner;
Any such approval from CMT Learning Ltd to establish a link to this
website shall not permit you to use any CMT Learning Ltd and/or third
party content, names, logos, pictures or trademarks, unless separately
agreed to in writing by the relevant rights-holder.
8. PRIVACY POLICY
You must read our Privacy Policy, which forms a part of these Terms and
Conditions of Use and sets out the way in which your personal data is
handled.
9. SECURITY
Internet transmissions are never completely private or secure. You
understand that any message or information you send to this website may
be read or intercepted by others unless there is a special notice that a
particular message (for example, credit card information) is encrypted
(sent in code).
10. USER SUPPLIED INFORMATION
If you send communications or materials to the website by electronic
mail or otherwise, concerning any comments, questions, suggestions or
the like, all such communications are, and will be treated as,
non-confidential and non-proprietary. Thus, you give up any claim that
any use of such material infringes any of your rights including moral
rights, proprietary, or any other right, including the right to approve
the way in which CMT Learning Ltd uses such material.
Any material submitted to this website may be adapted, broadcast,
changed, copied, disclosed, licensed, performed, posted, published,
sold, transmitted or used on a royalty free basis by CMT Learning Ltd
anywhere in the world, in any medium, in perpetuity.
Please note that this provision does not relate to any personal data
that you submit which will be dealt with in accordance with the
provisions of this website’s ‘Privacy Policy’ which is part of these
Terms and Conditions of Use.
11. INFORMATION RELATING TO THIRD PARTIES
You undertake not to either include in any posting to this website, or
otherwise disclose on or in connection with your use of the website any
confidential information or personal data relating to third parties
without their express written consent.
You acknowledge that in the course of utilising the website and
concluding transactions on it you may receive certain confidential
information. You agree and undertake to keep such information
confidential and not to disclose any part of such information to any
third party, unless required to do so by law. Such information shall not
be used for any purpose without the prior written consent of the user
to whom such information is confidential and you agree to indemnify CMT
Learning Ltd in respect of any claim made against them as a result of
your misuse of such information.
12. TERMINATION
CMT Learning Ltd reserves the right to suspend or terminate any use by
you of this website and anywhere it appears to CMT Learning Ltd that
your use is in breach of these Terms and Conditions of Use, including
the provision of false registration details or other misuse of the
services offered through this website. CMT Learning Ltd may pursue any
other remedy legally available to us if you fail to comply with any of
your obligations contained in these Terms and Conditions of Use.
13. INDEMNITY
You agree to indemnify, defend and hold CMT Learning Ltd and all of
their associated companies and their directors, employees, information
providers, licensors and licensees, officers and partners,
(collectively, “Indemnified Parties”) harmless from and against any and
all liability and costs (including, without limitation, legal fees and
costs), incurred by the Indemnified Parties in connection with any claim
arising out of any breach by you of these Terms and Conditions of Use.
You will co-operate as fully as reasonably required by CMT Learning Ltd
in CMT Learning Ltd’ defence of any claim. CMT Learning Ltd reserves the
right, at its own expense, to assume the exclusive defence and control
of any matter and you shall not in any event settle any matter without
the written consent of CMT Learning Ltd.
14. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER CMT
LEARNING LTD NOR VSI-THINKING NOR ANY OF THEIR RESPECTIVE DIRECTORS,
EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR LOSS
OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY
TO USE, THE MATERIALS IN AND/OR FACILITIES OR SERVICES OFFERED THROUGH
THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT OR CONSEQUENTIAL
LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR
DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF CMT LEARNING
LTD AND/OR VSI-THINKING HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
LOSS OR DAMAGES OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE. IF
THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE
TO RELEVANT LAWS, THEN IN NO EVENT SHALL EITHER CMT LEARNING LTD’ OR
VSI-THINKING’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND
CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR
ACCESSING THIS WEBSITE.
15. SUSPENSION OF SERVICE
Without prejudice to the foregoing, VSI-THINKING or CMT LEARNING LTD
may suspend or discontinue the website or your access to it at any time
with or without cause and with or without notice.
Further, by using this website you acknowledge and agree that the
Internet uses elements and relies upon services, input and facilities
which are not within the control of CMT Learning Ltd and if CMT Learning
Ltd is totally or partially prevented or delayed in the performance of
any of its obligations in providing a particular service, such a
situation will constitute a ‘force majeure’ and CMT Learning Ltd shall
be excused the performance for so long as such a situation endures.
For the purposes of these Terms and Conditions of Use, the term ‘force
majeure’ shall be deemed to include any cause affecting the performance
by CMT Learning Ltd of its obligations arising from or attributable to
acts, events, omissions or accidents beyond the reasonable control of
CMT Learning Ltd and in particular, but not by way of limitation, shall
include strikes, lock-outs, other industrial action, actual or
threatened terrorist action, civil commotion, riot, crowd disorder,
invasion, war, threat or preparation for war, fire, technical or power
failure, software, hardware or telecommunication or other network
failures, interruptions, disruptions or malfunctions, explosions, storm,
flood, earthquake, subsidence, structural damage, epidemic or other
natural or physical disaster, any legislation, regulation, rule or
ruling of government, court or any competent authority.
16. GOVERNING LAW
These Terms and Conditions of Use shall be governed by and construed in
accordance with English law. Any dispute under these terms shall be
subject to the exclusive jurisdiction of the English courts and, by
using this website, you hereby submit to the jurisdiction of such courts
for such purposes and waive any and all objections to jurisdiction or
venue in such courts. Those who choose to access this website do so at
their own risk and on their own initiative and are responsible for
compliance with local laws, to the extent any local laws are applicable.
17. MISCELLANEOUS
Any waiver of any provision of these Terms and Conditions of Use must
be in writing signed by CMT Learning Ltd to be valid. A waiver of any
provision shall not operate as a waiver of any other provision, or a
continuing waiver of the same provision in the future. If any court of
competent jurisdiction finds any provision of these terms to be void or
unenforceable for any reason then such provision shall be ineffective to
the extent of the court's finding without affecting the validity and
enforceability of any remaining provisions. These Terms and Conditions
of Use represent the entire understanding and agreement between the
parties relating to their subject matter and supersede any and all prior
statements, understandings or agreements whether oral or written, and
shall not be modified except in writing, signed by you and CMT Learning
Ltd.