CONDITIONS OF USE
Definitions   
Internet the global network of computer systems using TCP/IP protocols including (but not limited to) the World Wide Web.
Intellectual Property all intellectual property rights whether or not registered including (but not limited to) copyright, database right, design right, patent, registered designs, trademarks and know-how and also including any application for any of the foregoing.
Users any persons (whether corporate or unincorporated) accessing the Website by any means.
Website the collection of pages published on the Internet with the URL www.wiganschoolsonline.net and any addition to or replacement to it styled as an official Wigan LEA website.
Wigan LA Wigan Metropolitan Borough Council of Town Hall, Library Street, Wigan, WN1 1YN

Licence

Wigan LA grants to Users a single non-exclusive and non-assignable licence to access the Website and make use of the functions provided as part of the Website for non-commercial purposes only subject always to these conditions which shall not be amended or waived unless with the written agreement of Wigan LA.

Commercial use or publication of the Website or any part of it is not permitted without the written permission of Wigan LA and may be the subject of legal action.

Conditions

1.            Intellectual Property

Save where otherwise indicated all Intellectual Property in the Website and the content displayed as part of it shall belong to Wigan LA (which reserves all rights to itself) and its Licensors and particular (but without prejudice to the generality of the foregoing):

1.1            Copyright

            All the content included as a graphical representation on the Website including (but not limited to) text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software is the property of Wigan LA or its Licensors.  Users are granted permission to browse and use the site for its intended purpose and to make sufficient electronic copies for that purpose of any part of the Website designated as available for down-loading for non-commercial use subject to these conditions.  Any other use of the materials on the Website including (but not limited to) reproduction, modification, distribution, transmission, removal, deletion, addition, display, performance, or replication of the content on the Website or any other manner of exploitation of any of the contents of the Website in part or in whole is strictly prohibited.

All source codes including but not limited to, HTML, Java-script, WML, XTML or any other format or script used to create this website are the property of Wigan LEA.  Any use of such source codes including (but not limited to) reproduction, modification, distribution, transmission, removal, deletion, addition, display, decompilation, reverse engineering or replication or any other manner or exploitation of any part of the source code in part is strictly prohibited.

            Any copyright material posted on the Website which is not the property of Wigan LA is acknowledged as such.  All rights to this copyright remain with the proprietor of the copyright subject to a licence to Wigan LA.

1.2            Trademark

            The Wigan LA logo and other/or marks indicated as such on the site are trademarks of Wigan LA.  Wigan LA’s trademarks may not be used in connection with any product or service or in any manner that is likely in the opinion of Wigan LA to cause confusion amongst the public or any manner which is detrimental to the image or reputation of Wigan LA.  All other trademarks not owned by Wigan LA that appear on the Website are the property of their respective owners and appear by Licence to Wigan LA only.  This Website does not grant by implication or otherwise any licence or right to use any trademarks displayed.  Infringement or misappropriation of the trademarks may lead to legal action for the misuse of the Website.

Any references to products or services occurring in the Website do not imply any approval. Endorsement, recommendation of such products or services by Wigan LA or any connection between Wigan LA and the supplier or manufacturer of such products or services.

1.3            Database Right

            All database material in the Website by whatever means accessible or on whatever medium stored remains the property of Wigan LEA.

2.            Defamation

2.1        Wigan LA does not make any representations or warranties about the legality, decency, content or policy of any websites accessible by links from the Website.  Any such website is independent of Wigan LA and Wigan LA has no control over or responsibility for the information provided or activities undertaken by any such website.  The presence of a link from the Website to another website does not imply any endorsement by Wigan LA of any such website.

2.2        Wigan LA does not make any representations or warranties about the legality, decency, content or policies of any other websites reached by way of use of any search engines or other facilities on the Website.

2.3        Wigan LA does not accept any responsibility for the content posted to the Website by Users whether or not any person considers such content to be unlawful including (but not limited to) defamatory in nature. The opinions of Users posted to the Website are not the opinion of Wigan LA.

2.4        Any person wishing to comment on the content of the website may do so by email to feedback@wiganschoolsonline.net provided always that Wigan LA does not accept service of documents by email.

3.         Data Protection

3.1            Personal data received and stored through the use of the Website or any other means by Wigan LA may be made available to the bodies and for the purposes listed below:

3.1.1     hosts of the Website for the purposes of hosting;

3.1.2     other departments within Wigan LA to compile statistics and provide information on the services provided by Wigan LEA.

3.2            Personal data may also be disclosed to necessary recipients for the following purposes:

3.2.1     to protect the rights, property or safety of Wigan LA, Users or others;

3.2.2     where required by any statute, regulation or other instrument having legal effect or by the order of any Court or the Data Protection Commissioner;

3.3        For market research and security purposes Wigan LEA reserves the right to use “cookies” technology for the purpose of identification of Users.

A cookie is a small amount of data that is sent to the Users’ browser from the Website and sorted on the Users’ computer’s hard drive.  If the User does not wish to have cookies placed on his computer the User can disable cookies through the Users’ internet browser.  Disabling cookies may prevent the User from accessing some portions of the Website.

4.         No Advice

4.1        The content and use of the Website is intended to be for information purposes only and in no way shall such content be construed as legal or professional advice. Wigan LA will not assume responsibility or liability for any losses arising whatsoever from any reliance by any User on the information contained in the Website.

4.2        Receipt of information by Wigan LA by electronic means from Users of the Website shall not be taken to be the receipt by Wigan LA of instructions to act for a client or clients or the conclusion of any form of contract for goods and services. Wigan LA reserves the right at its discretion to accept or refuse invitations to enter contracts.

5.            Warranties, Liability

5.1        Wigan LA does not assume any responsibility or liability for loss of any data placed on the Website by Users or by any other persons for whatever reason.

5.2        Wigan LA shall not be liable for any loss incurred by any business as a result of being a User of the Website including (but not limited to) loss of profits, loss of contracts or loss of business.

5.3        Wigan LA shall not be liable for any consequential or economic loss suffered by any User howsoever caused.

5.4        In the case of damage to property caused by a User accessing the Site the liability of Wigan LA in any jurisdiction shall be excluded to the greatest extent permitted by law including (but not limited to) in cases of negligence by Wigan LA.

5.5        Wigan LA does not warrant that any content of the Website is without errors or inaccuracies or suitable or fit for any purpose whether or not made known to Wigan LA.

 

6.            Technical

6.1        Wigan LA and any of its employees, agents or contractors shall not be liable for the non-accessibility of the Website due to technical inefficiency or failure including (but not limited to) such failure caused by electricity supply faults or non-functionality of the Internet.

6.2        The availability of the Website is dependent upon the continuing availability of any third party Licences to Wigan LA.   Termination of such Licences may result in the removal or non-functionality of parts or all of the Website.

6.3        Wigan LA accepts no responsibility for the inaccessibility of the Website caused by the use by Users of non-compatible, defective or obsolete hardware or software, nor shall Wigan LA be liable for any failure to inform Users of the hardware and software required for use of the Website.

6.4        Wigan LA does not endorse nor warrant the effectiveness or compatibility of any third party software including (but not limited to) search engines, browsers or viewers required for the use of the Website nor shall Wigan LA be liable for providing any equipment, software or telecommunication services in order to access and use the Website. Wigan LA does not warrant that any third party software licences are valid nor is Wigan LA agent for any third party in relation to the Website or any part of it.

6.5        Wigan LA does not warrant that the Website is free from viruses or other harmful components.  Wigan LA will not be liable for any damage of any kind to hardware or software howsoever arising caused by entry to the Website including (but not limited to) loss or corruption of data.  Users are advised to use a virus checking application on their computer systems.

6.6        Wigan LA expressly disclaims any responsibility or liability for any damage, loss or injury arising out of the activities of any third party or the goods or services offered or content displayed by any such third party where such goods or services are not directly made available for sale or supply on the Website.

7.            General

7.1        These conditions shall be governed by English law in every particular including interpretation and the licence set out above shall be deemed to have been made in England.

7.2        Users submit to the non-exclusive jurisdiction of the English courts.

7.3        Where a User is a consumer (as defined in the Consumer Protection Act 1987) the User's statutory rights (where applicable) are unaffected by these conditions.