WEBSITE TERMS AND CONDITIONS
The Terms of Use (Terms) governing use of the
www.theisba.org.uk website (Site) changed on 15
February 2019 so please ensure that you are familiar with the Terms
in their current form.
The Site is owned and controlled by the Independent School's
Bursars' Association (ISBA). ISBA is a registered
charity (Registered Charity No 1121757) and a private company
limited by guarantee (Registered Company No: 6410037, Registered
Address: Bluett House, Unit 11-12 Manor Farm, Cliddesden,
Basingstoke, Hampshire RG25 2JB).
All copyright and other rights that subsist in the Site and
materials it contains are owned by the ISBA or other parties. The
rights to use the Site and material it contains are limited
strictly to those rights set out below.
Part A - Use of the "Members" section of the
Site
- The ISBA registration processes require each registered
individual of the member school to have a unique username and
password that gives access to his/her account. The member school is
responsible for ensuring that only appropriate members of staff are
registered on the Site. You and your school are responsible for
maintaining the confidentiality of your username and password and
are each fully responsible for all activities that occur through
your website account.
You agree to:
a) Immediately notify us if you become aware of any unauthorised
use of your password or website account or any other breach of
security by sending an appropriately worded email
to office@theisba.org.uk; and
b) Ensure that you exit from your account at the end of each
session; and.
c) not share your username and password with any other person,
including others within the member school.
The ISBA cannot and will not be liable for any loss or damage
arising from your failure to comply with these
requirements.
2. If you are using the Site as an employee of a
member of the ISBA and are authorised to do so, the material from
this Site may be downloaded, viewed, listened to (where
appropriate), printed, copied on the hard disk of your computer and
photocopied in reasonable numbers for the purposes of promoting
efficient and effective administration and carrying out ancillary
services at the member school. Any other type of use requires the
prior written agreement of the ISBA.
3. If you are not authorised to access the Site as
an employee of a member of the ISBA you must refrain from accessing
the "Members" section of the Site.
4. As a registered user, you may have access to one
or more forums on the Site. Any discussion forums or pages of the
Site are provided for the exchange of lawful, relevant, fair and
appropriate information, opinions and comment. Use of the forums
and material from them is made subject to the applicable forum rules. Use of the forums
that is inconsistent with the above purposes and/or the applicable
forum rules is strictly prohibited.
5. You and the member school acknowledge and agree
that in the event of breach by you of these Terms, the ISBA may
(without prejudice to its other rights and remedies) suspend all
use of the Site by you and other individuals from the member
school.
Part B - Use of the Site by all users
The remaining Clauses of these Terms apply to ALL users of the
Site.
6. You may browse, download, view, print, copy onto
the hard disk of your computer (but not photocopy) and use all
material from the non-Member sections of the Site for your own
personal, non-commercial purposes as a personal information
resource in good faith only. Any other type of use requires the
prior written agreement of the ISBA.
7. Without prejudice to the above, you must
specifically, not use the Site (or any material from it):
a) for the posting, uploading, emailing or other transmission of
any material, the publication, dissemination, use or possession of
which infringes the rights of any person or which is unlawful in
any other respect;
b) in any way which is abusive, defamatory or obscene or which
will harass, offend, distress or inconvenience any person or which
encourages or entices abuse, discrimination or criminal activity or
which might restrict or inhibit the use and enjoyment of the Site
by any person;
c) for the posting, uploading, emailing or other transmission of
any unsolicited or unauthorised advertising, promotional materials,
"junk mail", "spam", "chain letters", "pyramid schemes", or any
other form of solicitation or commercial exploitation;
d) for the posting, uploading, emailing or other transmission of
any material that contains software viruses or any other computer
code, files or programs designed to interrupt, restrict, destroy,
limit the functionality of or compromise the integrity of any
computer software or hardware or telecommunications
equipment;
e) to create a database (electronic or otherwise) that includes
material downloaded or otherwise obtained from the Site;
f) to transmit or re-circulate any material obtained from the
Site to any third party;
g) in such a way so as to remove the copyright or trade mark
notice(s) from any copies of any material made in accordance with
these terms;
h) in any way that might infringe third party privacy or other
rights or is unlawful, or that otherwise contravenes
our forum rules;
i) to post link(s) that take users to material that contravenes
any of the above restrictions; or
j) in any way that might bring the ISBA into disrepute.
8. You acknowledge and agree that in the event of
breach by you of these Terms (without prejudice to its other rights
and remedies) the ISBA may suspend your use of the Site.
9. You hereby grant the ISBA a non-exclusive,
royalty-free, perpetual and worldwide licence to republish any
material you submit, post, upload, email or otherwise transmit to
them or to the Site in any format, including without limitation
print and electronic format.
10. Any discussion forums or pages of the Site where
you are capable of posting material are provided for the exchange
of lawful, relevant, fair and appropriate information, opinions and
comment. Use of the forums and material from them is made subject
to the applicable forum rules. Use of the forums that is
inconsistent with the above purposes and/or the applicable forum
rules is strictly prohibited.
11. In relation to any content that you post to the
Site and that other users post to the Site, you (on behalf of
yourself and your school) acknowledge and agree:-
a) that the ISBA accepts no responsibility for any statements,
material or other submissions placed on our online forums by you or
any third party, or for any loss or damage resulting from breach of
the restrictions set out above; and
b) to indemnify the ISBA from any and all claims and liabilities
(including legal fees) which arise from your statements,
contributions or other submissions to our online forums, from any
unauthorised use of material obtained from our online forums or
otherwise from your breach of the restrictions set out above.
12. We may not view or edit or pre-screen any
contribution that you or anyone else make to the forums or to the
Site generally and therefore, unless we are specifically notified
of the nature of any item of content, you cannot assume that we are
responsible for having made it available on the Site. We, and
others that we designate, shall have the right (but not the
obligation) at our sole discretion to refuse or remove any content
that is posted to, or available on, the forums or the Site without
the need to give any reasons for doing so. You also acknowledge and
agree that the ISBA may be required to comply with court orders for
disclosure of your details and/or materials posted on the
forums.
13. If you object to the publication of any material
placed on our online forums (or anywhere else on this Site) please
let us know by calling 01256 330369 or by sending an appropriately
worded email to office@theisba.org.uk and we will
take whatever action we deem appropriate.
14. The ISBA shall have the right to refuse to allow
you access to any of the pages on the Site at any time and for any
reason without giving you any advance notice and the ISBA shall not
be liable for any losses or damages whatsoever (other than losses
or damages for death or physical injury arising out of the
negligence of the ISBA or its employees) arising from your
inability to access any of the pages on the Site.
15. Whilst every effort has been taken to ensure the
accuracy of the information provided by the ISBA, its employees and
agents on the Site, the contents of the Site are naturally subject
to change from time to time. Some of the material on the Site may
be supplied to us by third parties and we are unable to check its
accuracy or completeness. You are advised to verify the accuracy of
any information before relying on it. Further, due to the inherent
nature of the Internet, errors, interruptions and delays may occur
in the service at any time. Accordingly, the Site is provided on an
"AS IS" and "AS AVAILABLE" basis without any warranties of any kind
and we do not accept any liability arising from any inaccuracy or
omission in the information or interruption in availability. You
are responsible for checking the accuracy of relevant facts and
opinions given on the Site before entering into any commitment
based upon them.
16. The ISBA cannot guarantee that your use of the
Site will be free from error and/or uninterrupted. The ISBA, its
Committee Members, its employees and its representatives exclude,
in so far as it is legally possible, all liability and
responsibility for any damages (other than liability for death or
physical injury arising out of the negligence of the ISBA or its
officers) including, but not limited to, indirect or consequential
damages, damages for loss of opportunity or chance, and any damages
whatsoever arising from use or loss of, data, or profits, whether
in action of contract, negligence or other tortious action, arising
out of, or in connection with, any information on the Site or any
other Internet sites or the use thereof.
17. You acknowledge that communications via email or
over the Internet can never be entirely reliable or secure and if
you chose to communicate with the ISBA through these mediums you
accept that your messages might be lost or intercepted through no
fault of the ISBA.
18. Some of the pages on the Site include links to
external third party websites. These links are included to give you
the opportunity to access other pages that it is felt may be of
interest or assistance to you. The ISBA is not responsible for the
content of these Internet sites. Furthermore, on some of the pages
of those external websites you may be informed of the opportunity
of entering into agreements with third parties. The ISBA is not
liable in relation to, and takes no responsibility for, any
contract entered into by you with any third party.
19. Whilst effort has been taken to ensure that the
Site is free from viruses, the ISBA gives no warranties it will
always be free from viruses and you are responsible for ensuring
that you have installed adequate and up-to-date virus-checking
software. The ISBA excludes, in so far as it is legally possible,
all liability and responsibility (other than liability for death or
physical injury arising out of the negligence of the ISBA or its
officers) for any viruses or any other computer code, files or
programs designed to interrupt, restrict, destroy, limit the
functionality of or compromise the integrity of any computer
software or hardware or telecommunications equipment or other
material transmitted with or as part of the Site.
20. The names, images and logos identifying the ISBA
or third parties and their products and services, are the
proprietary marks of the ISBA, and/or may be the proprietary marks
of third parties. You agree not to use any such names, images or
logos (or any names, images or logos that are confusingly similar
to them) without the prior agreement of the ISBA (or the applicable
third party). Any use made of these marks may be an infringement of
rights in those marks and the ISBA reserves all rights to enforce
such rights that it might have.
21. These terms may be varied from time to time.
Please ensure that you review these terms and conditions regularly
as you will be deemed to have accepted a variation if you continue
to use the Site after any variation has been posted
22. If any of these terms and conditions should be
determined to be illegal, invalid or otherwise unenforceable, it
shall be severed and deleted from the terms and conditions and the
remaining terms and conditions shall survive, remain in full force
and effect and continue to be binding and enforceable.
23. These terms and conditions shall be governed by
and construed in accordance with the laws of England and Wales. Any
disputes arising from matters relating to the Site shall be
exclusively subject to the jurisdiction of the courts of England
and Wales.
24. Data Protection
a) The ISBA is registered under, and will process your personal
data in accordance with, data protection legislation.
b) You acknowledge that the information you submit via the Site
and any other information sent to the ISBA by you or otherwise
obtained by the ISBA about you, including images,
(the Personal Data) will be processed by the
ISBA in accordance with its Privacy Notice (which is available here).
25. Cookie Usage on the Site
Please see our Cookie Notice which is available here.
February 2019