Terms and Conditions

Welcome to the Advertising Week Websites and Apps, (www.advertisingweek.com, newyork.advertisingweek.com, europe.advertisingweek.com, asia.advertisingweek.com, latam.advertisingweek.com, apac.advertisingweek.com, japac.advertisingweek.com, awlearn.com (collectively, the “Website”) operated by or on behalf of Advertising Week, located at 212 West 35th Street, Floor 6, New York, NY 10001 ("Advertising Week", “AW”, “we”, “our”, or “us”).

The Website is intended to enable visitors to the Website (“you” or “your”) to view and learn about us. The Website is accessible via a computer, laptop, mobile tablet, or mobile phone and via the Apps associated with each Advertising Week event (each, an "Event").

"App" means any third-party application downloadable through "Google Play" or Apple's "App Store" or any other venue or facility (including any updates/upgrades to that app). When the word “Website” is used herein it expressly includes each and every App.

The Advertising Week App facilitates the transmission of a list of installed apps on your device to a third party's server, namely, one or more of the following systems and entities managing those systems: Document Management System, Email System, Disaster Recovery Repositories, Contact Management System, Registration System, Invoicing System, Electronically Stored Information Platforms, Phone System, or Calendaring systems. These systems are also used directly by Advertising Week.

This information may be used to provide you with advertisements, promotions or information that are better suited to your interests or updates regarding the Advertising Week Events for which you have registered.

If you do not agree to the transmission of a list of your installed Apps to a third party, please do not install the App. If you do not agree to Advertising Week’s use of these third-party systems, please update your Account Preferences accordingly.

1. Use. Please read these terms of use (this “Agreement”) carefully before accessing the Website. By accessing the Website, you acknowledge and agree that you have read this Agreement and the Privacy Policy on the Website, are at least eighteen (18) years of age, and wish to be bound by the terms and conditions set forth in the Agreement and the Privacy Policy. If you are not at least eighteen (18) years of age or do not wish to be bound by the provisions of this Agreement and the Privacy Policy, you are not authorized to use the Website. Additional terms and conditions may apply to certain portions of the Website, and your use of such portions of the Website indicates your agreement to such terms and conditions. AW reserves the right to modify this Agreement and/or the Privacy Policy at any time. You agree to review this Agreement and the Privacy Policy periodically to be aware of such modifications. You further agree that your continued use of the Website shall be deemed to be your conclusive acceptance of any modified Agreement and Privacy Policy terms. We will indicate that changes to this Agreement have been made by updating the date indicated after “Last Updated” at the end of this Agreement. If you do not agree to abide by any modified version of this Agreement and/or the Privacy Policy, you are not authorized to use the Website. A current version of this Agreement and the Privacy Policy are accessible via the footer of the Website’s homepage.?

2. User Accounts.
2.1 User Registrations; Accurate Information. In order to make use of certain functionality on the Website and/or purchase our products, you may need to create a user account on the Website (“Account”). You agree to provide us with accurate, complete and current information at all times with respect to your Account.
2.2 User ID; Password. Website users who create an Account will obtain a user ID and password (“Profile”). You agree not to allow any third party to use your Profile to access the Website and to safeguard the information that would allow another person or entity to access the Website by using your Account of Profile. You agree to be responsible for your failure to safeguard such information and/or to allow any other person or entity to access the Website by using your Profile or otherwise by using your Account. No part of a Profile or Account may be transferred or sold to another party by you. You agree to notify AW immediately in writing of any unauthorized use of your Profile, Account or the Website. You agree that AW shall not be liable for any loss or damages that result from the unauthorized use of your Profile or Account, either with or without such your knowledge.
2.3 Revocation of User Accounts or Profiles. You agree that AW has the right to cancel your Account and/or revoke your Profile for any reason at any time, in our sole discretion, and you agree that AW shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, to protect our interests.

3. Copyright
3.1 Ownership. All content contained on the Website, including but not limited to video, clips, photographs, text, graphics, logos, icons, images and software (collectively, “Content”), whether or not in the form of Digital Content (defined below), is the property of AW, its affiliates and/or their respective licensors and is protected by U.S. and/or international copyright laws. Any reproduction, modification, distribution, transmission, republication, display or performance of the Content contained on the Website is strictly prohibited, however, you may print copies of any Content or portion thereof contained on the Website for your personal use only. If you use material appearing on the Website in breach of this Agreement, you may be liable for infringement, misappropriation or other damages pursuant to additional causes of action to the fullest extent of the law. "Digital Content" means digitized electronic content, such as books, newspapers, magazines, journals, music, videos, Apps, blogs, RSS feeds, games, and other static and interactive electronic content.
3.2 Reporting Claims of Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include per Section 512(c)(3), substantially the following: Your physical or electronic signature. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address). A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law. A statement that the information in the written notice is accurate. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent to receive DMCA Notices is:Robert B. Lachenauer, Esq.Mintz & Gold LLP600 Third Avenue, 25th FloorNew York, New York 10016 (lachenauer@mintzandgold.com). If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright or the copyrights of others, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.3.3 Counter-Notification Procedures. If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following: Your physical or electronic signature.An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address). A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled. A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service of process from the person (or an agent of that person) who provided the Website with the complaint at issue. Our designated agent to receive Counter-Notices is listed above. The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.3.4 Repeat Infringers. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

4. Trademarks. Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Website constitute intellectual property of, and are trademarks of, AW or its licensors, sponsors, partners or suppliers (collectively, the “Trademarks”) and are protected by the trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, republish, distribute, modify or post any Trademarks in any way, including in advertising or publicity pertaining to or distribution of materials on the Website, without our prior written consent. The Trademarks may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits us.

5.  Purchases.
5.1 Products. By completing your purchase online, you accept the specific policies described herein. Tickets to shows, Events and other products are offered for sale through the Website. If you wish to purchase any of these products, you will be asked by AW or an authorized third party on AW’s behalf to supply certain information to us, including without limitation, your full name, address and/or credit card information. You agree to provide us or such third party with accurate, complete and current information at all times, and to comply with the terms and conditions of any ancillary agreement that you may enter into which governs your purchase of such product or service and the terms of our Privacy Policy here. You shall be responsible for all charges made under your Account or Profile as well as for paying any applicable taxes. All sales are final. There are no returns, refunds or exchanges.
5.2 Payment. Your right to any product that is available for purchase through the Website is conditioned upon our receipt of the appropriate payment for such product. If such payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, you agree that we reserve the right to cancel your order and/or suspend or terminate your Account.
5.3 Risk of Loss. You acknowledge and agree that your sole remedy for failures, delays or interruptions with respect to the ordering of and delivery of products ordered by you through the Website is limited to a refund of amounts paid by you for such products, in AW’s sole discretion. All products ordered through the Website are acquired by you “as is” and “where is”, without any warranty whatsoever, express or implied.
5.4 Product Descriptions. We attempt to be as accurate as possible in describing products (including pricing) offered for purchase through the Website; however, we do not warrant that all such descriptions are complete, accurate, current or error-free.
5.5 Admission to Event Venues. Seating is not guaranteed. Seating operates on a first come, first served basis. All venues are seated "General Admission" unless otherwise noted. Venues may have pre-reserved seats and sections unavailable for "General Admission" seating, at our sole discretion.
5.6  Event Passes. There will be no entry to or access at Advertising Week Events without your pass or per Event ticket. Event Passes and tickets will be delivered using the "print-at-home" option. You must bring a copy of the PDF pass(es)/ticket(s) to the Event. Note: when you purchase tickets online, you also will receive an electronic receipt but this is not your print-at-home pass(es). Your pass(es) are a PDF download or attachment which contain a unique barcode. If you do not print your event pass in advance but choose to pick up your pass(es) in person, you may pick them up at any time at any official Advertising Week Registration station at the applicable Event during regular business hours (visit www.advertisingweek.com for map and business hours).
5.7  Fulfillment Fees. Each order is subject to a per Event pass fulfillment fee. All fees are per attendee Event pass, and are non-refundable.
5.8  Disclaimer and ReleaseHolders of Event passes and Event tickets ("Holders") grant to Advertising Week, its licensees, assignees and designees the absolute irrevocable right and permission in perpetuity to photograph, film, videotape, record and utilize, use, incorporate, broadcast, distribute, re-use, publish, re-publish, alter and/or edit, in any media, live or recorded, now known or hereafter devised, throughout the world, the Event pass or ticket Holder’s image, likeness, actions and gestures while at the Event. Each Holder waives the right to inspect or approve the use of the image, likeness, actions and gestures. Each Holder voluntarily assumes all risks and liabilities incidental to the Event for which the pass and/or ticket is issued, whether occurring prior to, during or after the same at the Event and any other related event. Each Holder voluntarily agrees that the facility, Advertising Week, and all of their respective agents, officers, directors, owners and employees are expressly released by Holder from any claims arising from the Event, and none of the foregoing persons or entities shall have any liability to any Holder for any such claims whatsoever.

6. Links. AW and/or third parties may provide links on the Website to other websites of possible interest to you. Because we have no control over such websites, you acknowledge and agree that we are not responsible for the availability of such other websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites, or the collection, protection, processing or safeguarding of any personal information you may provide to such other websites. You also acknowledge and agree that AW shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites.

7. DISCLAIMER OF WARRANTIES.
7.1 YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. AW DOES NOT MAKE ANY REPRESENTATION OR WARRANTY (i) AS TO THE ACCURACY, CORRECTNESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THE WEBSITE AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON THE WEBSITE, OR (ii) GENERALLY AS TO THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT APPEARING ON THE WEBSITE. AW IS NOT RESPONSIBLE FOR ANY FAILURES, DELAYS OR INTERRUPTIONS OF THE WEBSITE. THE WEBSITE IS PROVIDED TO YOU "AS IS" AND AW MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, AW DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.7.2 YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL AW BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF THE WEBSITE, YOUR RELIANCE ON CONTENT OBTAINED THROUGH THE WEBSITE OR CAUSED BY YOUR CONDUCT. AW DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE, AND THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.8. LIMITATION OF LIABILITY.
8.1 IN NO EVENT SHALL AW BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, YOUR RELIANCE (FORESEEABLE OR UNFORESEEABLE) ON CONTENT OBTAINED THROUGH THE WEBSITE OR YOUR CONDUCT, INCLUDING WITHOUT LIMITATION FOR LOST PROFITS OR BUSINESS, OR ANTICIPATED LOST PROFITS OR BUSINESS, EVEN IF AW IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AW’S OR ITS AFFILIATES’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATED TO THE WEBSITE OR THIS AGREEMENT IS LIMITED TO $1,000 IN THE AGGREGATE.
8.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 7 OR 8 HEREOF MAY NOT APPLY TO YOU BASED UPON YOUR GEOGRAPHIC LOCATION.

9. Indemnification. You agree to indemnify, defend and hold AW and its related entities and affiliates harmless from any claim, loss, damages, expense or demand, including, without limitation reasonable attorneys’ fees, investigative costs and other professional fees, made or asserted by any third party or incurred due to or arising out of your breach or purported breach of this Agreement, or your violation of any law or the rights of any third party.

10. Commercial Use. Aside from purchases made by you through the Website, you acknowledge and agree that the Website may not be used by you directly or indirectly in connection with any commercial endeavors.

11. Privacy. AW is committed to safeguarding your privacy. The terms regulating the handling of personally identifiable and other information in connection with the Website is described in our Privacy Policy, which can be found here: www.advertisingweek.com/privacy.

12. Governing Law. You acknowledge and agree that this Agreement and your use of the Website shall be governed by and construed in accordance with the internal laws of the State of New York, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction. You hereby submit to the exclusive jurisdiction of the federal and state courts located in New York, New York. You agree to receive service of process through certified mail or by any other means sanctioned by law, and you expressly waive any claim of improper venue, lack of personal or subject matter jurisdiction and any claim that such courts are an inconvenient forum.

13. General. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by AW, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement, along with any other terms and conditions regulating use of the Website, sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement and any ancillary terms and conditions will survive termination or expiration to the extent necessary to carry out the intentions of the parties.14. Contact Us. If you have any questions or concerns regarding the Website, please contact us by e-mail at info@advertisingweek.com or write to us at Adverting Week, 212 West 35th Street, Floor 6, New York, NY 10001, Attention: Website Coordinator.

Last Update: May, 2020

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools, services or information that Stillwell Partners makes available through the Website either now or in the future;
"Services": means the services available to you through this Website, specifically use of the Stillwell Partners proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"Premises": Means Our place(s) of business located at [ADDRESS];
"System": means any online communications infrastructure that Stillwell Partners makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by Stillwell Partners Ltd and acting in the course of their employment;
"Website": means the website that you are currently using (www.yourschool.com) and any sub-domains of this site (e.g. subdomain.yourschool.com) unless expressly excluded by their own terms and conditions; and
"We/Us/Our": means Stillwell Partners, a company incorporated in [COUNTRY] with Company registration Number [123456] , located at [Address].

2. Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

3. Business Customers

These Terms and Conditions also apply to customers procuring Services in the course of business.

4. Intellectual Property

  • 4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Stillwell Partners, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable [COUNTRY] and International intellectual property and other laws.
  • 4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.

5. Third Party Intellectual Property

  • 5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
  • 5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

6. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

7. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Stillwell Partners or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

8. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.yourschool.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at ruth@stillwellpartners.com or call us in the following number: your_number.

9. Use of Communications Facilities

  • 9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
  • 9.1.1 You must not use obscene or vulgar language;
  • 9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
  • 9.1.3 You must not submit Content that is intended to promote or incite violence;
  • 9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
  • 9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
  • 9.1.6 You must not impersonate other people, particularly employees and representatives of Stillwell Partners or Our affiliates; and
  • 9.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
  • 9.2 You acknowledge that Stillwell Partners reserves the right to monitor any and all communications made to Us or using Our System.
  • 9.3 You acknowledge that Stillwell Partners may retain copies of any and all communications made to Us or using Our System.
  • 9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

10. Accounts

  • 10.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Websiteyou represent and warrant that:
  • 10.1.1 all information you submit is accurate and truthful;
  • 10.1.2 you have permission to submit Payment Information where permission may be required; and
  • 10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
  • 10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
  • 10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
  • 10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.

11. Termination and Cancellation of Accounts

  • 11.1 Either Stillwell Partners or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
  • 11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.

12. Services, Pricing and Availability

  • 12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from Stillwell Partners correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.
  • 12.2 Where appropriate, you may be required to select the required Plan of Services.
  • 12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
  • 12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
  • 12.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.

13. Orders and Provision of Services

  • 13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between Stillwell Partners and you.
  • 13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:
  • 13.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
  • 13.2.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
  • 13.2.3 Relevant times and dates for the provision of the Services;
  • 13.2.4 User credentials and relevant information for accessing those services.
  • 13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
  • 13.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
  • 13.5 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.
  • 13.6 Stillwell Partners shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
  • 13.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
  • Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
  • 13.8 Stillwell Partners provides technical support via our online support forum and/or phone. Stillwell Partners makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.

14. Cancellation of Orders and Services

We want you to be completely satisfied with the Products or Services you order from Stillwell Partners. If you need to speak to us about your Order, then please contact customer care on [PHONE NUMBER], or by email at ruth@stillwellpartners.com or write to us at our address (see section 1 above). You may cancel an Order that we have accepted or cancel the Contract. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.
  • 14.1 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between Stillwell Partners and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform Us immediately using the following email: sophie@stillwellpartners.com. Your right to cancel during the cooling off period is subject to the provisions of sub-Clause 14.2.
  • 14.2 As specified in sub-Clause 13.6, if the Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:
  • 14.2.1 If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete.
  • 14.2.2 If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services supplied up until the point at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 5 working days and in any event no later than 14 calendar days after you inform Us that you wish to cancel.
  • 14.3 Cancellation of Services after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.

15. Privacy

Use of the Website is also governed by Our Privacy Policy (http://www.yourschool.com/privacy-policy/) which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.

16. How We Use Your Personal Information (Data Protection)

  • 16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
  • 16.2 We may use your personal information to:
  • 16.2.1 Provide Our Services to you;
  • 16.2.2 Process your payment for the Services; and
  • 16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
  • 16.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
  • 16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.

17. Disclaimers

  • 17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
  • 17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
  • 17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
  • 17.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

18. Changes to the Facilities and these Terms and Conditions

We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

19. Availability of the Website

  • 19.1 The Website is provided “as is” and on an “as available” basis. Stillwell Partners uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
  • 19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

20. Limitation of Liability

  • 20.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
  • 20.2 Nothing in these Terms and Conditions excludes or restricts .
  • 20.3 Nothing in these Terms and Conditions excludes or restricts Stillwell Partners's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
  • 20.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

21. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

22. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

23. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Stillwell Partners.

24. Communications

  • 24.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to ruth@stillwellpartners.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
  • 24.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.

25. Law and Jurisdiction

These Terms and Conditions and the relationship between you and Stillwell Partners shall be governed by and construed in accordance with the Law of England and Wales and Stillwell Partners and you agree to submit to the exclusive jurisdiction of [COUNTRY].