2.1

Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website, including any material contained within User Sites that is not User Content, 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 GENERATE SKILLS & LEARNING LIMITED, or Our affiliates. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws.

2.2

You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website as specified in Clause 4 of these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Website or unless given Our express written permission to do so. Specifically you agree that:

3.1

The intellectual property rights subsisting in the User Content of User Sites belong to the User to which that/those User Site(s) belong(s) unless it is expressly stated otherwise.

3.2

Where expressly indicated, certain Content available through User Sites and the intellectual property rights subsisting therein belongs to other parties.

3.3

The Content described in this Clause 3, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Website. The exceptions in Clause 4 continue to apply.

6.1

Subject to the provisions of sub-Clause 6.2, those wishing to place a link to this Website on other sites may do so only to the home page of the site 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 contact@generatelearninguk.net.

6.2

Nothing in this Clause 6 prohibits deep linking to User Sites (and/or any pages therein). The terms and conditions unique to each User Site may nevertheless prohibit deep linking.

7.1

When creating a User Site using Generate Learning you should do so in accordance with the following rules:

7.2

You acknowledge that GENERATE SKILLS & LEARNING LIMITED shall screen, approve (or reject), edit and/or take down any User Site submitted for publication.

7.3

GENERATE SKILLS & LEARNING LIMITED may edit your User Site to comply with the provisions of sub-Clause 7.1 without prior consultation. In cases of severe breaches of the provisions of sub-Clause 7.1, your User Site may be taken down and your Account may be suspended or terminated. You will not be informed in writing of the reasons for such alterations or take downs.

7.4

By creating and submitting a User Site you warrant and represent that you are the author of the User Content on that User Site or that you have acquired all of the appropriate rights and / or permissions to use it. We accept no responsibility or liability for any infringement of third party rights by User Sites.

7.5

GENERATE SKILLS & LEARNING LIMITED will not be liable in any way or under any circumstances for any loss or damage that you or any other User may incur as a result of such User Sites, nor for any errors or omissions in User Sites. Use of and reliance upon User Sites is entirely at your own risk.

7.6

Nothing in these Terms and Conditions shall grants Us any rights in or to any intellectual property rights contained within your User Site or any part of it save for the right to display the same through Our System until you (or GENERATE SKILLS & LEARNING LIMITED, if appropriate) choose to remove that User Site.

7.7

You acknowledge that We may retain copies of any and all communications, information, User Content and User Sites sent to Us or submitted for publication.

8.1

In order to create a User Site you must create an Account which will contain certain personal details. By creating an Account you represent and warrant that:

8.2

Sharing of accounts is not permitted unless expressly authorised in writing by GENERATE SKILLS & LEARNING LIMITED. You must keep your Account details confidential and should not reveal your username or password to any unauthorised third parties.

8.3

Some premium features of the Service require the payment of a Membership Fee. Membership Fees are detailed on the sign up process. Your credit / debit card will be billed at the time at which you sign up for such premium until cancellation or termination.

8.4

No part of this Website constitutes a contractual offer capable of acceptance. Your signing up for the premium features constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you a confirmation email. Only once We have sent you an order confirmation will there be a binding contract between GENERATE SKILLS & LEARNING LIMITED and you.

8.5

Confirmation emails under sub-Clause 8.4 shall contain the following information:

8.6

Your first payment will be at the price advertised on the Website. We reserve the right to change Membership Fees from time to time and any such changes may affect your recurring Membership Fees:

8.7

Premium features requiring a Membership Fee will be made available to you immediately upon Our confirmation of your signing up. When completing the order process you will be required to expressly acknowledge that you wish the premium features to be made available immediately. You will also be required to expressly acknowledge that by doing so, you will lose your statutory right to cancel your contract with GENERATE SKILLS & LEARNING LIMITED as detailed below in sub-Clause 8.8.

8.8

If you are a consumer based in the European Union, you have a statutory right to a “cooling-off” period with respect to the purchase of certain goods and services. This period, if applicable, begins once the contract between the seller and you, the buyer, is formed and ends at the end of 14 calendar days after that date. Under normal circumstances, premium features requiring the payment of Membership Fees on this Website are made available immediately upon Our confirmation of your order for them. As set out in sub-Clause 8.7, by expressly requesting this, you waive your right to the cooling-off period and may not cancel the contract merely because you have changed your mind. Your waiving of the statutory cooling-off period in no way affects your rights under the 7 day money back guarantee period that We provide under Clause 10.

8.9

If you terminate a User Site and/or your Account, your User Site(s) will be taken down immediately and you will be rebilled for the remainder of the minimum contract period of 1 month, at the end of which rebilling will automatically stop.

8.10

All payments for Membership Fees due under these Terms and Conditions must be made using a valid debit or credit card via Our own secure online payment system and via Our chosen payment partner, PayPal. Payments made via PayPal are subject to PayPal’s own terms and conditions of service and We make no representations or warranties with respect to their services.

9.1

In the event that any of the provisions of sub-Clause 7.1, above, are not followed, We reserve the right to suspend or terminate your access to the Service. Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.

9.2

If We terminate or suspend your Account as a result of your breach of these Terms and Conditions you will not be entitled to any refund. If you have signed up for premium features, you will continue to be rebilled for the remainder of the minimum contract period of 1 month, you will be billed for the total sum remaining for the minimum contract period of 1 month which shall be due in one payment. If you have multiple User Sites and not all are deleted, you will continue to be billed as normal for any relevant premium features.

10.1

When signing up for premium features you have a 7 days money back guarantee during which time you may cancel the premium features and receive a full refund if you are in any way unhappy with the premium features. [Minimum contract periods to not take effect during this guarantee period and you will not be rebilled if you cancel under the terms of this Clause 10.]

10.2

If you wish to take advantage of the money back guarantee, please contact Us at info@generateuk.net using the subject line: “Refund Request”.

10.3

Please note that the money back guarantee applies only to premium features offered as part of the Service and does not extend to any other purchases such as domain names.

10.4

Please note that cancelling under this Clause 10 will result in the loss of certain features and/or storage capacity on your Account and may thus result in changes to your User Site which may include loss of certain functionality and/or loss of data.

11.1

Use of the Website and the Service is also governed by Our Privacy Policy which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.

11.2

By accepting these Terms and Conditions, you are giving consent to GENERATE SKILLS & LEARNING LIMITED to place cookies on your computer or device. Please read the information contained in the Privacy Policy prior to acceptance.

11.3

You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu. Please note that certain features of the Service may not function correctly if cookies are blocked and GENERATE SKILLS & LEARNING LIMITED accepts no responsibility for any such problems if you have chosen to block cookies.

12.1

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.

12.2

We may use your personal information to:

12.3

In certain circumstances (if, for example, you wish to purchase anything 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.

12.4

We will not pass on your personal information to any other third parties without first obtaining your express permission.

13.1

We make no warranty or representation that the Website or the Service will be compatible with all systems, or that it will be secure.

13.2

Save for the [discretionary] screening and approval of User Sites as detailed in Clause 7, We have neither control over, nor involvement in, any User Sites or User Content and accept no responsibility for any actions taken, or any goods or services provided, by any Users.

13.3

Whilst reasonable endeavours have been made to ensure that all information provided on this Website will be accurate and up to date, We make no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.

13.4

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.

13.5

We make no representation or warranty that any part of this Website is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.

13.6

When providing digital content to consumers, We are required to provide digital content that is of satisfactory quality, fit for any purpose made known to us (whether expressly or impliedly), and in accordance with any descriptions (and pre-contract information) given by Us. This includes any digital content we may subsequently modify. If We fail to comply with Our legal obligations, consumers may be entitled to certain legal remedies including repair or replacement or price reductions. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens Advice Bureau or Trading Standards Office.

13.7

Whilst We exercise all reasonable skill and care 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.

13.8

If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

14.1

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 state-mandated censorship.

14.2

We reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the Content available. Where anything you have paid for is made unavailable and you are entitled to a refund as a result, We will inform you of the refund due and it will be paid within 14 days using the same method originally used by you. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

15.1

To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Website or the use of or reliance upon any content included on the Website including the Service and the Content.

15.2

To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to the Website or any content included on it.

15.3

If you are a commercial user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

15.4

We exercise all reasonable skill and care to ensure that the Website is free from viruses and other malware. Subject to sub-Clause 13.8, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of the Website (including the downloading of any content from it) or any other site referred to on the Website.

15.5

We neither assume nor accept responsibility or liability arising out of 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, natural events, acts of war, or legal restrictions and censorship.

15.6

Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

19.1

All notices / communications shall be given to Us either by post to Our premises at Boxworks @ Engine Shed, Clock Tower Yard, Temple Gate, Bristol, BS1 6QH or by email to info@generatelearning.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.

19.2

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.

20.1

These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

20.2

If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

20.3

If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

4.1

[name;]

4.2

[date of birth;]

4.3

[gender;]

4.4

[business/company name]

4.5

[job title;]

4.6

[profession;]

4.7

[contact information such as email addresses and telephone numbers;]

4.8

[demographic information such as post code, preferences and interests;]

4.9

[financial information such as credit / debit card numbers;]

4.10

[IP address (automatically collected);]

4.11

[web browser type and version (automatically collected);]

4.12

[operating system (automatically collected);]

4.13

[a list of URLs starting with a referring site, your activity on Our Site, and the site you exit to (automatically collected);]

5.1

All personal data is stored securely in accordance with the principles of the Data Protection Act 1998. For more details on security see section 6, below.

5.2

We use your data to provide the best possible [products and] services to you. This includes:

5.3

With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email AND/OR telephone AND/OR text message AND/OR post with information, news and offers on Our products AND/OR services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended in 2004, 2011 and 2015.

5.4

[Advertisers whose content appears on Our Site may engage in what is known as “behavioural advertising” – advertising which is tailored to your preferences, based on your activity. Your activity is monitored using Cookies, as detailed below in section 12. You can control and limit your data used in this way by adjusting your web browser’s privacy settings. Please note that We do not control the activities of such advertisers, nor the information they collect and use. Limiting the use of your data in this way will not remove the advertising, but it will make it less relevant to your interests and activities on Our Site.]

6.1

We only keep your data for as long as We need to in order to use it as described above in section 5, and/or for as long as We have your permission to keep it.

6.2

Some or all of your data may be stored or transferred outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland and Liechtenstein). You are deemed to accept and agree to this by using Our Site and submitting information to Us. If We do store or transfer data outside the EEA, We will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the EEA and under the Data Protection Act 1998. Such steps may include, but not be limited to, the use of legally binding contractual terms between Us and any third parties We engage and the use of the EU-approved Model Contractual Arrangements.

6.3

Data security is of great importance to Us, and to protect your data We have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through Our Site.

6.4

Notwithstanding the security measures that We take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to Us data via the internet.

7.1

We may share your data with other companies in Our group. This includes Our subsidiaries AND/OR Our holding company and its subsidiaries.

7.2

We may sometimes contract with third parties to supply [products and] services to you on Our behalf. These may include payment processing, delivery of goods, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law.

7.3

We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales and other information. All such data will be anonymised and will not include any personally identifying information. We may from time to time share such data with third parties such as prospective investors, affiliates, partners and advertisers. Data will only be shared and used within the bounds of the law.

7.4

In certain circumstances We may be legally required to share certain data held by Us, which may include your personal information, for example, where We are involved in legal proceedings, where We are complying with the requirements of legislation, a court order, or a governmental authority. We do not require any further consent from you in order to share your data in such circumstances and will comply as required with any legally binding request that is made of Us.

8.1

We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Data provided by users will, where it is relevant to any part of Our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use the data for the purposes for which it was originally collected by Us.

8.2

In the event that any of your data is to be transferred in such a manner, you will not be contacted in advance and informed of the changes. When contacted you will not, however, be given the choice to have your data deleted or withheld from the new owner or controller.

9.1

When you submit information via Our Site, you may be given options to restrict Our use of your data. In particular, We aim to give you strong controls on Our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails and at the point of providing your details AND/OR by managing your Account).

9.2

You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.

10.1

You may access [certain areas of] Our Site without providing any data at all. [However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.]

10.2

You may restrict your internet browser’s use of Cookies. For more information, see section 12.

12.1

Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our [products and] services. For more details, please refer to section 5, above, and to section 12.6 below. We have carefully chosen these Cookies and have taken steps to ensure that your privacy is protected and respected at all times. We use a cookie called wgconsent. What is used for? If the cookie is already present (consent was given in previous interaction), next time the user will not be seeing a landing page and will be redirected to the advertisers' website automatically. We will store the day and time this cookie was created (UNIX timestamp format). It will expire after 20 days of its creation.

12.2

By using Our Site you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than Us. For more details, please refer to section 5, above, and to section 12.6 below. These Cookies are not integral to the functioning of Our Site.

12.3

All Cookies used by and on Our Site are used in accordance with current UK and EU Cookie Law.

12.4

Certain features of Our Site depend on Cookies to function. UK and EU Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are shown below in section 12.6. Your consent will not be sought to place these Cookies. You may still block these Cookies by changing your internet browser’s settings as detailed below in section 12.10, but please be aware that Our Site may not work as intended if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.

12.5

Our Site uses analytics services. Website analytics refers to a set of tools used to collect and analyse usage statistics, enabling Us to better understand how people use Our Site. This, in turn, enables Us to improve Our Site and the products and services offered through it. You do not have to allow Us to use these Cookies, as detailed below, however whilst Our use of them does not pose any risk to your privacy or your safe use of Our Site, it does enable Us to continually improve Our Site, making it a better and more useful experience for you.

12.6

The analytics service(s) used by Our Site use(s) Cookies to gather the required information. Certain of these Cookies may be placed immediately when you first visit Our Site and it may not be possible for Us to obtain your prior consent. You may remove these Cookies and prevent future use of them by following the steps set out below in section 12.10.

12.7

You can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.

12.8

You can choose to delete Cookies at any time however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.

12.9

It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.