1 INTRODUCTION
1.1 By accessing any part of the Website, you shall be deemed to have accepted these Terms in full. If you do not accept these Terms in full, you must leave the Website immediately.
1.2 Digestible Notes reserves the right to revise these Terms at any time by updating them. You should check the Website from time to time to review the then current Terms, because it is binding on you. Certain provisions of these Terms may be superseded by expressly designated Terms or terms located on particular pages of the Website.
2 OWNERSHIP
2.1 You acknowledge that the Website is owned and operated by Digestible Notes. Except as provided in clause.
2.2 The copyright and all other intellectual property rights in all material on the Website (including (but not limited to) photographs and graphical images) are owned by Digestible Notes or its licensors.
2.3 The copyright and any other intellectual property rights on the database, the design, text, pictures, graphics and the selection and arrangement of them and in all software compilations, coding, source code, software and in all documents and/or other material on the Web Site belongs to Us absolutely or is licensed to Us.
2.4 If You believe that the content of Our Web Site or Coursework in any way infringes Intellectual Property Rights belonging to You or any third party, please contact Us immediately.
3 PROHIBITED USE OF THE WEBSITE
3.1 No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Digestible Notes’ prior written consent.
3.2 You agree that you will not:
3.2.1 use the Website for any purpose that is unlawful (including (but not limited to) by hacking) or prohibited by these Terms;
3.2.1 use the Website in such a manner as would, in the sole discretion of Digestible Notes, cause harm to the Website or other Users or otherwise interfere with the enjoyment of the Website;
3.2.2 use any robot, spider, scraper or other automated means to access the Website for any purpose;
3.2.3 attempt to gain authorised access to the Website through hacking, password mining or any other means; or
3.2.4 interfere or attempt to interfere with the proper working of the Website.
4 LINKS TO AND FROM OTHER WEBSITES
4.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. Digestible Notes has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Digestible Notes therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
4.2 If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, any page of the Website, and subject to the following conditions:
4.2.1 you do not remove, distort or otherwise alter the size or appearance of the Digestible Notes logo;
4.2.2 you do not in any way imply that Digestible Notes is endorsing any products or services other than its own;
4.2.3 you do not misrepresent your relationship with Digestible Notes nor present any other false information about Digestible Notes; and
4.2.4 you do not otherwise use the Digestible Notes mark displayed on the Website without express written permission from Digestible Notes.
5 SERVICE ACCESS AND MODIFICATIONS
5.1 While Digestible Notes endeavours to ensure that the Website is normally available 24 hours a day, Digestible Notes shall not be liable if for any reason the Website is unavailable at any time or for any period.
5.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Digestible Notes’ control.
5.3 We reserve the right at any time and from time to time to modify or discontinue, You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.
6 DISCLAIMER
6.1 We shall use Our reasonable endeavours to ensure the security of Our Web Site. We shall have no Liability where the security of Our Web Site is breached due to acts and/or omissions by You and/or where We have taken all reasonable steps to protect the security and integrity of the Web Site.
6.2 We shall have no liability to You for any (including but not limited to):
6.2.1 direct, indirect, incidental, consequential losses or damages;
6.2.2 loss of profits and/or damage to goodwill;
6.2.3 use or inability to Use the Service;
6.2.4 loss of and/or corruption of data or other intangible loss;
6.2.5 transmission of virus and/or any other harmful code;
6.2.6 missed deadlines and/or failed exams;
6.2.7 damages, loss of data due to the network provider failure;
6.2.8 conduct of any third party.
6.3 Nothing in these TOS shall exclude or limit Our Liability for death or personal injury due to Our negligence or any Liability which is due to Our fraud or any other Liability which we are not permitted to exclude or limit as a matter of law.
6.4 Nothing in this Contract shall exclude any of Your Statutory Rights as a consumer.
6.5 YOU FURTHERMORE ACKOWLEDGE THAT:
6.5.1 THE USE OF THE SERVICE IS AT YOUR SOLE DISCRETION AND RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY DESCRIPTION AND QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS.
6.6 WE MAKE NO WARRANTIES THAT:
6.6.1 THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
6.6.2 THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;
6.6.3 ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
6.6.4 Digestible Notes does not warrant the accuracy and completeness of the material on the Website. Digestible Notes may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and Digestible Notes makes no commitment to update such material.
6.6.5 The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Digestible Notes provides you with the Website on the basis that Digestible Notes excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law) which, but for these Terms, might have effect in relation to the Website.
7 LIABILITY
7.1 Digestible Notes, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of Digestible Notes’ group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
7.2 Nothing in these Terms shall exclude or limit Digestible Notes’ liability for:
7.2.1 death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
7.2.2 fraud; or
7.2.3 misrepresentation as to a fundamental matter; or
7.2.4 any liability which cannot be excluded or limited under applicable law.
7.3 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
8 GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with English Law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.
9 TERMINATION
9.1 We may terminate this Agreement immediately if You at any time:
9.1.1 breach the TOS; and/or
9.1.2 are suspected and/or found to be guilty of plagiarism or infringement of copyright in relation to any material provided by Us to You.
9.2 Either party may terminate this Agreement for any reason.
9.3 for Us by giving you a 30 day written notice