English Language Portal (ELP) Terms and Conditions (T&Cs)
Description of Service
ELP is a unique website portal offering you the chance to advertise your school or establishment services for English Language lessons. Through ELP we also offer social media advertising on your behalf to raise brand awareness for your school or establishment.
- Acceptance of Terms of Service
1.1 ELP is a paid for service although school listings may be in placed for you. These T&Cs govern your use of ELP and govern all services provided to you by ELP in connection with ELP only, including but not limited to, access to your content area, messaging from potential students, social media advertising by ELP on your behalf and other features and services that we may make available from time to time.
1.2 The address and contact details are ELP is Registered Address is 35 Chequers Court, Brown Street, Salisbury, Wiltshire, SP2 1AS, England e-mail address: firstname.lastname@example.org
2.1 We reserve the right, at our sole discretion to amend these T&Cs from time to time without notice to you. Please check the T&Cs periodically to see whether a change has been made to them. We may (at our discretion) provide you notice of such changes to any email address you have provided to ELP. If you do not agree with any change in these T&Cs, please discontinue further use of ELP. Your continued use of ELP following our posting will signify your binding acceptance of any change in the T&Cs set out here.
2.2 From time to time the Company may supplement these T&Cs with additional terms applying to specific content or events, such as competitions (“Additional Terms”). Any Additional Terms will be clearly placed on ELP to be viewed in connection with the specific content or events. All Additional Terms will form part of these T&Cs.
2.3 The Company may modify or discontinue ELP with or without notice to you and without liability to you or any third party.
- Membership Eligibility
3.1 You will need to register to use ELP in order to access the ELP services.
3.2 When you register with us you are stating that you are over 16 years of age. ELP Services are not available to those under the age of 16 or to any users suspended or removed from the system by ELP for any reason. By registering for the ELP Services, you represent and warrant that you are 16 or older and that you have the capacity to understand, agree to and comply with these T&Cs. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your ELP account to another party. If you are not a registered member or your membership is not valid for any reason (for example, because we find that you are in breach of the membership conditions), you may not use the ELP Services.
3.3 You agree that any information you provide to us about yourself upon registration or at any other time will be true, accurate and complete and that you will ensure that this information is kept accurate and up to date at all times. The Company reserves the right to terminate your membership and access to any specific content (including content you may have submitted to the ELP Services if the Company learns that you have provided it with false or misleading registration information.
- Use of Service and Security
4.1 When you register to use ELP you will be asked to create a password and set up an account. You must keep your password and account details confidential and must not disclose them to or share them with anyone. You are responsible for all activities that occur under your account and/or password with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. The Company cannot and will not be liable for any loss or damage arising from or in connection with your failure to comply with this section.
4.3 If you forget your password you can ask to reset it.
- Your use of ELP
6.1 The Company may not read all your page content that you post or amend it and it will not read every message sent to you, as such, we do not guarantee the accuracy, integrity or quality of such content. While we require all users of ELP to comply with these T&Cs, you understand that, by using ELP it is possible that you may be exposed to content that is offensive, indecent or objectionable. If you see content which you believe breaks the following standards please report it to us immediately. All reports are reviewed as soon as possible during normal office hours.
6.2 The views expressed on school and establishment pages are produced and owned by that establishment.
6.3 You alone are responsible for the content of your school or establishment and your use of ELP and the consequences of any such messages. By using ELP you agree to comply with the following guidelines:
(a) ELP is to be used by you in support of your school or establishment in order to promote and raise awareness of said establishment.
(b) You are not permitted to post links to alternative community groups, similar services or unrelated websites unless it is with the express permission of the Company.
(c) You may not post to or use ELP to publish, send or distribute any message or material (in any media or form) that is unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, threatening, racially or sexually or otherwise discriminatory (including discriminatory in terms of religious affiliation or belief), offensive, inaccurate, is in breach of confidence or a third party’s intellectual property rights or which otherwise includes objectionable material of any kind or nature, that encourages or engages in conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, national or international law or regulation or which has a disruptive influence on the normal functionality and flow of a message/notice board.
(d) You must not impersonate any other person or entity, whether actual or fictitious.
(e) You must not create any member names which mimic or impersonate an ELP member of staff.
(f) You must not use ELP or any part of ELP in a way that might reasonably be expected to cause any communications network and/or equipment over which the ELP Services are provided, to be interrupted, damaged, rendered less efficient or which could in any way damage the operation of another’s computer.
(g) You will not harass or intimidate any ELP members or third party individuals via ELP either on a message/notice board, via email communication or otherwise.
(h) You must not post or use any part of ELP to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
6.4 The Company reserves the right in its absolute discretion at any time not to publish and / or to edit, alter, delete or move any material whatsoever submitted or posted to, appearing on or distributed by ELP or over the ELP Services. The Company will not enter into any discussions about its decision to not publish, or to edit, alter, delete or move such material.
- International Use of ELP
7.1 Recognizing the global nature of the Internet, you agree to comply with all applicable local rules in the jurisdiction where you are accessing ELP from including but not limited to rules regarding online conduct and acceptable content.
- Intellectual Property
8.1 Subject to section 8.3 below, the trade marks, logos, graphics, images, photographs, animation, videos, text and software used on ELP and / or in the ELP Services are the intellectual property of or licensed to the Company and your right of use is strictly limited to accessing, downloading, printing and reproducing on all media for your own personal, private and non-commercial use of the ELP Services within the scope of these Terms of Service. You may not otherwise retrieve, display, modify, copy, print, sell, download, hire or reverse engineer (except insofar as permitted by applicable law) such content without our prior written consent.
8.2 You may view, print, download or temporarily store extracts from ELP for your personal, non-commercial reference without alteration, addition or deletion. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any ELP material or content. You acknowledge that you will not acquire any intellectual property or other rights by downloading or otherwise using any ELP content or materials.
8.3 You retain ownership of any intellectual property rights you may have in any content that you submit to ELP. By submitting content, which includes your member name, to any “public area” of ELP, you grant ELP and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any intellectual property rights that may exist in such content. You also permit any member to access, display, view, store and reproduce such content for personal use.
8.4 By submitting content, you also warrant that: (1) to the extent that such content is or contains any image, representation, recording, or other information or material depicting, describing or relating to any other person, you have that person’s full and informed consent to submit such content; and (2) you are entitled and have all necessary rights to grant the licences stated above.
- Unauthorised Access to Service
9.1 Save as specifically permitted in writing by us, use by any member of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained on ELP website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses. If you wish to link to our site, you may provide a link to our homepage, but not to any other part of our site without our express written permission.
- Third Party Web Sites, Goods and Services
10.1 ELP may provide links to third party web sites that are not affiliated with ELP (although ELP branding may appear on these sites). We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links or any goods or services available from such sites.
10.2 All matters concerning any goods and services that you purchase from a third party site, including without limitation all contract terms are solely between you and the owner of that site and the Company will not be liable for any costs or damages to you or any third party arising directly or indirectly out of your use of any third party website. You hereby waive any claim you might have against the Company with respect to any such sites.
- Disclaimer of Warranties
11.1 ELP service is provided on an “as is” and “as available” basis. the company does not assume any responsibility for prompt or proper delivery, or retention of any user information or communications between users.
11.2 You understand and agree that the Company does not guarantee the accuracy or completeness of any information in or provided in connection with ELP. The Company is not responsible for any errors or omissions or for the results obtained from the use of such information. All information is provided on the basis that neither the Company, its employees or consultants or its members, while such members are participating in ELP are engaged in rendering legal, medical, counselling or other professional services or advice. The Company advises you to seek appropriate professional advice or care for any situation or problem which you may have.
11.3 The Company shall not be responsible for any loss or damage caused directly or indirectly, by the information or ideas contained, suggested or referenced on ForeignStudents.com. Your participation in ELP is solely at your own risk. No advice or information, whether oral or written, obtained by you from the Company or through ELP shall create any warranty not expressly made in these terms of service or imposed by law.
11.4 The Company makes no warranty that ELP will meet your requirements, or that the ELP network will be uninterrupted, timely, secure, or error free; nor does ELP make any warranty as to the results that may be obtained from the use of ELP.
11.5 You understand and agree that any material and/or data downloaded or otherwise obtained through the use of ELP is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
11.6 To the fullest extent permissible by law, the company expressly disclaims all conditions and/ or warranties of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for particular purpose and non-infringement and / or any other warranties of like nature that may be applicable in any jurisdiction in which you reside.
- Limitation of Liability
12.1 Subject to section 12,2 below, to the fullest extent permissible by law the company shall not be liable for any direct, indirect, incidental, special or consequential losses or damages whether arising in contract, tort (including negligence) or otherwise or for loss of profits, data, goodwill or revenue in each case regardless of whether such losses or damages arise out of or in connection with your use or inability to use ELP.
12.2 Nothing in these terms and conditions shall operate or restrict ELP liability for death or personal injury caused by negligence.
- Emails and Content pages
13.1 The Company assumes no responsibility for the deletion of or failure to store e-mail messages or for any problems with your member profile or any personal home page service. Whilst the security of your personal information is a priority to us, you should be aware that e-mails you send to us are not necessarily secure when they are transmitted to us. If your communication to us or any third party is sensitive or includes highly confidential information such as credit card number, you may want to provide it by post or via the telephone instead.
13.2 In the course of providing you services, ELP may need to communicate with you via email (see our learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of the ELP Services.
- Termination & Remedies for Breach of these Terms by You
14.1 The Company will be entitled to restrict, suspend or terminate your membership or deny you access to ELP or take such other action as the Company deems appropriate if the Company determines, in its sole discretion, that you are in breach of any of the Terms of Service or the Company considers in its sole discretion that your use of ELP is inappropriate or otherwise unacceptable. You may appeal any decision made by the company in writing. You are not entitled to any form of refund unless the company decides to refund you based on all the information made available to us at the time.
14.2 The restriction, suspension or termination of our service pursuant to this section will be without prejudice to any rights which the Company may have against you in respect of your breach of these Terms of Service.
- Monitoring and Enforcement
15.1 While we have the right to monitor activity and content associated with ELP, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we cannot guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes seek not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact email@example.com to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.
16.1 You agree to indemnify the Company, its officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use of ELP and / or the services provided over it, the violation of these Terms of Service by you, or the infringement by you, or any other user of your account, or of any intellectual property or other right of any other person or entity.
- Applicable Law
17.1 These Terms of Service shall be governed by and construed in accordance with the laws of England and any dispute shall be subject to the exclusive jurisdiction of the English courts.
18.1 In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deleted and the remainder of the terms of these Terms of Service will remain in full force and effect.
18.2 Any failure or delay by us to enforce strict performance by you of any of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver to any extent of our rights.
18.3 The Company may assign, transfer or part with (“transfer”) any or all of its rights and obligations under these Terms of Service and upon such assignment or transfer, the Company shall be relieved of all the obligations transferred. You may not assign, transfer or part with any or all of your rights or obligations under these Terms of Service without our prior express written consent.
19.1 ELP shall not be responsible for any connection or access to the ELP website by you or the quality of the transmission of any information passing between you and the website. You will be responsible for providing your own communications equipment to access the ELP website via the Internet or WAP service, and the Internet/WAP access charges thereon. You recognize that ELP shall not be responsible for any reduced functionality resulting from, or in connection with, your use of the ELP Services via WAP.
20 Content Rules
20.1 The Race Relations Act 1976 (as amended) in the UK makes it unlawful for a person to publish or cause to be published an advertisement which indicates an intention to discriminate against others on the grounds of their race, colour, nationality or ethnic or national origin. The Commission for Racial Equality has the power to take legal action against an advertiser or publisher of an unlawful advertisement.
20.2 All postings must be accurate and not misleading, and you may not use ELP illegally and you agree to indemnify ELP against any knowing misrepresentation.
20.3 If posting a photograph, you acknowledge you own or have the undisputed right to the copyright of such image
20.4 ELP reserves the right to remove without prior notice any postings that we feel are not relevant (comma deleted) or of value to the ELP community.
20.5 You may not post any material that contains or links to any virus, worm, Trojan horse, corrupted data or other harmful, disruptive or destructive files or programs.
20.6 You may not post in your listings any content that violates the Terms of Service.
20.7 You may not promote or solicit illegal activity of any kind.
20.8 All postings must comply with all applicable laws, rules, regulations and restrictions, and you may not offer, list, sell, lease, solicit, request or provide anything through this service in a jurisdiction where such action would violate any law, rule, regulation or restriction. The parties to a transaction are solely responsible for researching and determining the scope of the applicable law to determine whether a listing or transaction complies with applicable law.
21.1 When you sign up you have to pay the required payment for your chosen service.
21.2 Payment is through PAYPAL and you must abide by their T&Cs for this service.
21.3 No refund for services from ELP is possible unless you can prove we have failed to deliver our stated services under your payment options.
21.4 The agreement period for each service is 12 months. At the end of this period you will be asked to pay once again, choose another service or state you no longer require ELP services.
22.1 Any complaints about ELP should be made in writing within 30 days of any occurrence in writing to the address below:
Registered Address: ELP, 5 Chequers Court, Brown Street, Salisbury, Wiltshire, SP2 1AS, England