Terms of Use – Empiribox

Terms of Use

Website Terms of Use

Please read these Terms of Use carefully before using this website (the “Site”).

  1. About our Terms of Use (the “Terms”)
    1. These Terms explain how You may use this Site.
    2. Reference in these Terms to the Site is intended to refer to www.empiribox.com and all associated web pages.
    3. You should read these Terms carefully before using the Site.
    4. By accessing or using the Site or otherwise indicating Your consent, You agree to be bound by these Terms and the documents incorporated herein and You agree to comply with them.
    5. If You do not agree with or accept any of these Terms, You should stop using the Site immediately.
    6. We recommend that You print a copy of these Terms for future reference.
  1. Who we are and how to contact us
    1. Our Site is operated by Findel Education Limited (trading as Empiribox). We are registered in England and Wales under company number 01135827 and have Our registered office at Findel House, Gregory Street, Hyde, Cheshire, United Kingdom, SK14 4HR. Our VAT number is GB125688644.
    2. To contact Us, please email [email protected]
  1. Definitions

In these Terms, the following terms shall have the following meanings:

  1. “Content” means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site, which includes but is not limited to the Online Portal Content;
  2. “Online Portal” has the meaning given to it in clause 6.1;
  3. “Online Portal Content” has the meaning given to it in clause 6.3;
  4. “Privacy and Cookie Policy” means the policy which governs how We process any personal data collected from You;
  5. “Safety Information” has the meaning given to it in clause 6.3;
  6. “Site” has the meaning given to it at the top of these Terms;
  7. “Terms” means these terms and conditions of use as updated from time to time under clause 14;
  8. “We”, “Us” or “Our” mean Findel Education Limited (trading as Empiribox) as detailed more fully in clause 2.1; and
  9. “You” or “Your” means the person accessing or using the Site or its Content.
  1. Other Terms
    1. Your use of the Site means that You must also comply with Our Privacy and Our Cookie Policy, where applicable.
  1. Using the Site
    1. The Site is for Your personal and non-commercial use only, although You may be able to use the Online Portal in the course of Your work if You comply with clause 6.1.
    2. You agree that You are solely responsible for all costs and expenses You may incur in relation to Your use of the Site.
    3. The Site is intended for use only by those who can access it from within the UK. If You choose to access the Site from locations outside the UK, You are responsible for compliance with local laws where they are applicable.
    4. We seek to make the Site as accessible as possible. If You have any difficulties using the Site, please contact Us on the contact details provided at clause 2.2.
    5. We may prevent or suspend Your access to the Site if You do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.
  1. Using the Online Portal
    1. There is a section of the Site may only be accessed and used by certain users of the Site. This is our “Online Portal” and You must only access and use it if:
      1. You are employed or engaged by a school that is being provided with the “Empiribox Science Service for Schools”;
      2. that school has notified Us that it wishes You to have such access; and
      3. We have provided You with a password for the purposes of logging in to the Online Portal.
    2. You are solely responsible for keeping any password, user identification code or other log in details confidential. If You know or suspect that anyone other than You knows Your password, user identification code or other log in details, You must promptly notify Us and change Your password using the Lost your password? page.
    3. The Online Portal gives You access to content include lesson plans and Safety Information (the “Online Portal Content”). “Safety Information” means important risk assessment, health and safety guidance and other health and safety and risk related data, information, recommendations and advice in connection with the “Empiribox Science Service for Schools”.
    4. The Safety Information has been prepared by Us using reasonable care and skill based on the information known to Us at the time. The Safety Information is general in nature and is not intended as professional advice or as a substitute for obtaining professional advice. It is intended to be used in conjunction with (not in replacement of) Your own (or Your school or organisation’s) health and safety policies. Findel Education Limited (and its affiliates and associated companies) makes no representation and assumes no responsibility for the accuracy, availability or suitability of the Safety Information. By using Our Site, You agree that We will have no liability to You or any affected third parties for harm caused by: (i) any activities carried out in accordance with the Safety Information but in an otherwise reckless or dangerous manner; (ii) activities not carried out in accordance with the Safety Information; or (iii) activities carried out in accordance with the Safety Information but in breach of clause 6.1, above.
    5. All activities described in the Safety Information must only be carried out on the premises of Your school or organisation, in accordance with Our applicable lesson plans, and by personnel who are appropriately qualified and trained, which must include the appropriate training from Us. You must also check that this is the most up to date Safety Information provided by Us by checking the Online Portal and be sure that Your school or organisation has confirmed that it is up to date and accurate. By proceeding with any of the activities described in the Safety Information You confirm that You have read the parts applicable to such activities in full and will comply with its contents.
  1. Ownership and intellectual property rights
    1. This Site and all intellectual property rights in it including but not limited to any Content are owned by Us. References to intellectual property rights in these Term include without limitation: copyright, trade marks, 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). We reserve all of Our rights in any intellectual property found on or as a result of Your access to our Site, or otherwise arising in connection with these Terms.
    2. In consideration of payment for access to the Content on Our Site by You or Your school or organisation on Your behalf, We grant to You a temporary, limited, royalty-free and non-exclusive licence to access that specific Content through Our Site, and to (if enabled) download and use that Content in accordance with clause 7.4 below. For the avoidance of doubt, this licence does not extend to any other Content on Our Site which has not been paid for. The licence shall continue for the term agreed upon payment (e.g. for one year), or until the relevant Content is removed from Our Site, at which time the licence shall terminate immediately.
    3. Subject to clause 7.2 above, nothing in these Terms grants You any legal rights in the Site or any Content other than as necessary to enable You to access the Site and its Content.
    4. You may only make a copy of any part of Our Site or the Content as is reasonably necessary for Your own personal use or as You otherwise agree with Us in writing or as set out in clause 7.5. You must not modify any Content You copy from Our Site in any way. Our status (and that of any identified contributors) as the authors of Content on Our Site must always be acknowledged. If You print off, copy or download any part of Our Site, including any Content, in breach of these Terms, Your right to use Our Site will cease immediately and You must return or destroy any copies of the materials You have made.
    5. Provided Your access to the Online Portal is not in breach of clause 6.1, You may save, print and copy the Online Portal Content the extent reasonably necessary for Your use of the “Empiribox Science Service for Schools”.
  1. Acceptable Use
    1. You may not use Our Site:
      1. in any way that breaches any applicable local, national or international law or regulation;
      2. in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
      3. for the purpose of harming or attempting to harm Us or any other users of the Site; or
      4. to knowingly transmit, send or upload any data or other material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other malicious or harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
    2. You agree not to:
      1. attempt to gain unauthorised access to Our Site, any equipment, network or server on which Our Site is stored, any software used in the provision of Our Site or any equipment, network or software owned or used by any third party;
      2. reproduce, duplicate, copy or re-sell any part of Our Site without Our permission;
      3. attack, damage, disrupt or otherwise interfere with Our Site, any equipment, network or server on which Our Site is stored, any software used in the provision of Our Site or any equipment, network or software owned or used by any third party, including but not limited to any denial-of-service or distributed denial-of-service attack;
      4. adjust­, or otherwise try to circumvent or delete, any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site; or
      5. directly share or circulate any Content accessed through the Site (or any derivatives of the Content which are not sufficiently or fairly differentiated) with others that have not obtained their own licence to access that Content from Us.
    3. By breaching any of the restrictions detailed in clauses 8.1 or 8.2 above, You may commit criminal or civil offences. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing Your identity to them. In the event of any such actions, Your right to use Our Site will cease immediately.
  1. Accuracy of information and availability of the Site
    1. While We try to make sure that the Site is accurate, up-to-date and free from bugs and viruses, We make no representations, warranties or guarantees, whether express or implied, that the Content on Our Site is accurate, complete or up to date. You should use Your own virus protection software. Furthermore, We cannot promise that the Site will be fit or suitable for any purpose.
    2. Any reliance that You may place on the information on this Site is at Your own risk. Content is provided for Your general information purposes only. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. We draw your attention to clauses 6, 7 and 8 in relation to any use You may make of any Online Portal Content and particularly any Safety Information.
    3. The Site may include information and materials uploaded by other users of the Site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by Us. The views expressed by other users on Our Site do not represent Our views or values.
    4. While We try to make sure that the Site is available for Your use, We do not promise that the Site is available at all times nor do We promise the uninterrupted use by You of the Site. We may suspend or terminate operation of the Site at any time as We see fit.
  1. Links and third party sites
    1. Our Site may from time to time refer You to relevant products or services supplied online by Hope Education (or other websites operated by Findel Education Limited or its affiliates or group companies) that may be considered suitable for You in light of the Content that You have accessed. This may include links to take You to the relevant websites (e.g. Hope Education’s website). Your access to any such websiteAny sales conducted on any such websites will be subject to the relevant terms and policies supplied on those sites (e.g. Hope Education’s Terms & Conditions) and You should ensure that you carefully read all such terms before accessing that website.
    2. Our Site may also contain links or references to third party websites. Any such links 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 that We endorse that third party’s website, products or services. Your use of a third party website may be governed by the terms and conditions of that third party website.
    3. You may link to Our home page, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists. You must not establish a link to Our Site in any website that is not owned by You. We reserve the right to withdraw linking permission without notice. If You wish to link to or make any use of Content on Our Site other than that set out above, please contact Us.
  1. Breaches of these Terms
    1. When We consider that a breach of these Terms have occurred, We may take such actions as We deem appropriate.
    2. Failure to comply with these Terms constitutes a material breach of them, and may result in Our taking all or any of the following actions:
      1. immediate, temporary or permanent withdrawal of Your right to use Our Site;
      2. issuance of a warning to You;
      3. legal proceedings against You for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from Your breach;
      4. further legal action against You; or
      5. disclosure of such information to law enforcement authorities as We reasonably feel is necessary or as required by law.
  1. Our responsibility for loss or damage suffered by You
    1. Nothing in these Terms should be interpreted as an attempt to exclude or limit in any way Our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
    2. To the maximum extent permitted by law We exclude all implied conditions, warranties, representations or other terms that may apply to Our Site or any Content on it.
    3. We will not be liable to You 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 use of, or inability to use, Our Site, or use of or reliance on any Content displayed on Our Site.
    4. In particular, We will not be liable for any:
      1. loss of profits, sales, business, revenue, anticipated savings, business opportunity, goodwill or reputation or any business interruption; or
      2. any indirect or consequential loss or damage.
  1. Rights of third parties

No one other than a party to these Terms has any right to enforce any of these Terms.

  1. Variation
    No changes to these Terms are valid or have any effect unless agreed by Us in writing. We reserve the right to vary these Terms from time to time without notice. Our updated terms will be displayed on the Site and by continuing to use and access the Site following such changes, You agree to be bound by any variation made by Us. It is Your responsibility to check these Terms from time to time to verify such variations.
  1. Disputes
    Our Site is directed to people residing in the United Kingdom, and we do not represent that Our Site or its Content is appropriate for use or available in other locations. These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the laws of England, and to be construed in the English language. Parties to these Terms agree to the exclusive jurisdiction of the courts of England.