Attention: These terms and conditions govern your use of the Website, the Services and your relationship with the Cranfield Management Association. Please read these terms carefully before using the Website. Registering for the Services and using the Website indicates that you accept these terms and conditions. If you do not accept these terms and conditions, do not register for membership to the Cranfield Management Association and do not use the Website or the Services.
TERMS AND CONDITIONS
||the Contract between you and the Cranfield Management Association which incorporates these Conditions;
||Cranfield Management Association, the alumni body of Cranfield School of Management, Cranfield University, a body incorporated by Royal Charter (registered number RC000151) of Cranfield, Bedford, Beds, MK43 0AL;
||the date when your Registration has been accepted by the CMA;
||the standard terms and conditions for the provision of Services as set out in this document;
|“Cranfield Knowledge Interchange Online”
||the website under the domain name www.cranfieldknowledgeinterchange.com;
||the fees payable by you to the CMA for the Services;
||the credit or debit card used by you during Registration;
||the services comprising of the Standard Services and additionally access to and use of the subscribed services at the Cranfield Knowledge Interchange Online;
||the completion, to CMA’s satisfaction, of your application to register for membership to the CMA to access the Services;
||the Standard Services and, where you have registered for the Premium Services, the Premium Services;
||the services comprising of access to networking, career management and lifetime learning via the Website;
||each 12 calendar month period beginning on the Commencement Date or the anniversary of the Commencement Date;
||the terms and conditions of use of the Cranfield Knowledge Interchange Online;
||the CMA website under the domain name www.cmaworld.org;
|“you and your”
||the person applying for membership to the CMA and access to the Services.
2 THE SERVICES AND REGISTRATION
2.1 Before your access to the Services can begin you must complete Registration. You must be eligible to join the CMA at the time of applying to register. The CMA’s eligibility criteria can be found on the Website.
2.2 You will be able to register for either the Standard Services or the Premium Services during the Registration process by selecting the appropriate Services and paying the appropriate Fee.
2.3 During Registration (and before you can receive the Services) you must provide the CMA with accurate and complete information. It is your responsibility to inform the CMA of any changes to that information by contacting us.
2.4 Your application for Registration to the Services is subject to acceptance by the CMA. The CMA will confirm such acceptance to you by sending you emails that confirm your membership details, including your CMA user ID and password. Once Registration has been accepted by the CMA, your access to the Services will begin.
2.5 Registration is for a single user only and the CMA does not permit you to share your user ID or password with any other person.
2.6 Any user ID and password issued by the CMA is personal and confidential to you.
2.7 You are responsible for the use of the Website made by using your user ID and password and for preventing unauthorised use. If the CMA suspects that any user ID or password is being used by an unauthorised user or by a different user, that user ID and password may be cancelled and your right to access these Services terminated.
2.8 The CMA may require you to change your password from time to time and shall notify you accordingly.
2.9 You must inform the CMA immediately if you have any reason to believe that any password has become known to anyone else or if any password is being or is likely to be used in an unauthorised or prohibited way.
3.1 This Agreement shall come into force on the Commencement Date and shall end:
3.1.1 if the Subscription Period expires and you fail to renew this Agreement for a further Subscription Period on the terms and the Fee which then applies; or
3.1.2 if this agreement is terminated in accordance with clause 8.
3.2 On termination of this Agreement your access to the Services shall immediately terminate.
4 PRICE AND PAYMENT
4.1 You agree to pay the Fees for the Services:
4.1.1 if registering on-line or by telephone, using a valid and authorised Payment Card bearing your name; or
4.1.2 if registering by post, by either using a valid and authorised Payment Card bearing your name or a cheque.
4.2 Fees are exclusive of VAT (which is not payable) and all payments made by you to the CMA shall be made in pounds Sterling. The Fees payable for the Services are subject to change at the start of each Subscription Period and the applicable Fees will be set out on the Website.
4.3 If you are already a member of the CMA and are having access to the Standard Services, you will be able to upgrade to the Premium Services at any time and paying the additional Fees which are payable for the Premium Services (and your standard membership Fee will be credited against the premium membership Fee).
5 ACCESS TO THE SERVICES
5.1 The CMA shall:
5.1.1 provide you with access to the Services;
5.1.2 use its reasonable efforts to provide you with a high standard of connectivity to the Services;
5.1.3 provide full instructions to you on how to use the Services; and
5.1.4 provide a help desk service which will be available from 9am to 5.30pm Monday to Thursday and 9am to 5pm on Friday, except in respect of such days and times as the CMA shall specify on the Website as being closed days and/or times, on which no help desk service will be provided.
5.2 The Website and the content of the Website may be changed by CMA at any time without notice to you. If any modifications or changes to the Website materially reduce the nature of the Services the CMA provides to you, you may cancel these Services in accordance with clause 8.2 below.
6 USE OF THE SERVICES
6.1 The copyright and other intellectual property rights in all information on the Website (including without limitation, photographs and graphical images) are owned by the CMA or its licensors and you shall only use the information contained on the Website in accordance with this clause 6.
6.2 Your access to the Services via the Website is for your personal use only.
6.3 In relation to the Standard Services, you may search the Website, display the information on a computer screen or take reasonable copies of the information or store the information in electronic form on a computer for your own personal use.
6.4 Except as expressly set out above, in relation to the Standard Services, you may not:
6.4.1 copy, print out or otherwise reproduce any materials relating to any part of the Website, except if permitted under these Conditions;
6.4.2 distribute, sell or otherwise dispose of the information;
6.4.3 copy, alter, modify, adapt (including but not limited to translating, decompiling, disassembling, distributing or creating derivative works) any part of the Website;
6.4.4 remove or obscure the copyright notice or notices contained in any information retrieved from the Website;
6.4.5 purport to assign, sub-licence or otherwise dispose of your rights under these Conditions.
6.6 Your failure to use the Website in accordance with these Conditions may result in your access to the Website and the Services being immediately terminated.
7 RULES FOR ON-LINE CONDUCT
7.1 You are prohibited from posting or transmitting to or from the Website:
7.1.1 any material that is illegal, offensive, abusive, obscene, indecent, threatening or defamatory;
7.1.2 any material that is bigoted, hateful, racially offensive or discriminatory;
7.1.3 any material that contains vulgar or obscene language or images;
7.1.4 any material that is in breach of confidence or breach of privacy;
7.1.5 any material for which you have not obtained all necessary licences and/or approvals;
7.1.6 any unsolicited advertising or other promotional material, any unsolicited chain e-mails (spam) or targeted e-mails; or
7.1.7 any mailing list that is generated from the CMA alumni directory.
7.2 Forums are offered on the Website to foster communication between fellow alumni. These forums are not routinely monitored by the CMA and contain personal opinions of those alumni who post them. The CMA accepts no liability for the statements, opinions or expressions of others. In addition, the Website may include the views, recommendations and opinions of other individuals and the CMA does not review or indulge these views, opinions or recommendations.
7.3 The CMA reserves the right to remove any content which has been brought to the CMA’s attention and which violates the provisions of clause 7.1.
7.4 You must not yourself, or encourage others or permit any other person to:
7.4.1 create, insert or knowingly or recklessly transmit any virus on the Website;
7.4.2 hack into or attempt to hack into any section of the Website.
7.5 You agree to respect fellow users of the Services and not abuse the privilege of having access to the Website. If complaints about your behaviour are received by the CMA, you may receive a written or verbal warning and if your behaviour continues or your behaviour is in serious breach of these Conditions, your access may be suspended and/or terminated with immediate effect.
8 TERMINATION, SUSPENSION AND CANCELLATION
8.1 The Services and the Website may be temporarily suspended if the computer systems used to provide the Services are under maintenance or repair or are otherwise unavailable. The CMA will use its reasonable endeavours to restore the availability of the Services as soon as possible.
8.2 You may cancel the Services and this Agreement at any time by e-mailing firstname.lastname@example.org. However, because the CMA starts to provide the Services to you immediately following successful Registration, you have no right to cancel this Agreement as provided in the Consumer Protection (Distance Selling) Regulations 2000.
8.3 The CMA may discontinue the Services and terminate this Agreement at any time with immediate effect. In the event that the CMA terminates this Agreement in accordance with this clause 8.3 then provided the CMA has not terminated this Agreement as a result of your act or omission, you shall be entitled to a refund of the Fees paid for any unexpired part of the Subscription Period.
8.4 The CMA may suspend, discontinue access to the Services and/or terminate this Agreement with immediate effect if:
8.4.1 your user ID or password is being used by an unauthorised user or by a different user; or
8.4.2 the Services and/or the Website are being used by you in a way that materially breaches these Conditions.
8.5 Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either party, nor shall it affect the coming into force or the continuance in force of any provision which is expressly or by implication intended to come into force or continue in force on or after termination.
8.6 On termination of this Agreement your access to the Services shall immediately terminate.
9.1 While the CMA endeavours to ensure that the information on the Website is correct, the CMA does not warrant the accuracy or completeness of the material on the Website or that the information will continue to be available to the CMA. The material on the Website is provided to you on an “as in”, “as available” basis, without any conditions, warranties or other terms of any kind.
10.1 This paragraph sets out the CMA’s entire financial liability, including any liability for the acts or omissions of the CMA’s employees, agents and sub-contractors, in respect of:
10.1.1 any breach of these Conditions;
10.1.2 any use made by you of the Services or the Website or any part thereof;
10.1.3 any representation, statement or tortious act or omission (whether negligent or otherwise) arising under or in connection with these Conditions.
10.2 To the maximum extent permitted by law, the CMA shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from:
10.2.1 any errors in or omissions to the information on the Website;
10.2.2 the unavailability or interruption to the Services or any features of the Services;
10.2.3 your use or misuse of the Services;
10.2.4 the content of the Website;
10.2.5 acts, events, omissions or accidents beyond the CMA’s reasonable control which result in the CMA being prevented or delayed in performing its obligations under these Conditions, including without limitation default of sub-contractors or suppliers of the materials, strike, lock-out or other industrial disputes, failure of a utility service or transport or communication network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.
10.3 Except as expressly and specifically provided in these Conditions you assume sole responsibility for any decision made or action taken from the use of the Services, and for conclusions drawn from such use.
10.4 All warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law excluded from these Conditions.
10.5 Nothing in these Conditions excludes the CMA’s liability:
10.5.1 for death or personal injury caused by the CMA’s negligence; or
10.5.2 for fraud or fraudulent misrepresentation.
10.6 Subject to clause 10.5 above:
10.6.1 The CMA shall not be liable for any loss of profits, loss of business, depletion of goodwill and for such all similar losses or pure economic loss or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising; and
10.6.2 the total liability of the CMA in respect of contract, tort, (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the CMA’s obligations under these Conditions shall be limited to the Fees you paid for the Services in the latest Subscription Period to which the claim relates.
12 LINKS TO AND FROM OTHER WEBSITES
12.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The CMA has not reviewed all of the third party websites and does not control and is not responsible for those websites or their contents or availability. The CMA 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.
12.2 You may not link to the Website without the CMA’s prior written permission.
13 CHANGES TO THESE CONDITIONS
13.1 The CMA may revise these Conditions at any time and it is important, therefore, that you regularly check these Conditions, because they are binding on you. Certain provisions of these Conditions may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
14.1 Except as otherwise provided in these Conditions, all notices and other communications to you under these Conditions shall be in writing or displayed electronically on the Website.
14.2 Such notices to you shall be deemed to have been properly given:
14.2.1 on the date posted, if posted;
14.2.2 on the date first made available, as displayed on the Website; or
14.2.3 on the date received, if delivered in any other manner.
14.3 Notices to the CMA should be sent to the address provided in the Contact Us page of the Website.
14.4 If any provision (or part of a provision) of these Conditions is found by any Court or administrative body of competent jurisdiction to be, invalid, unenforceable or illegal, the other provisions shall remain in full force and effect.
14.5 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
14.6 The failure of either party to enforce any provision of these Conditions shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
14.7 You may not assign your rights or delegate your duties under these Conditions.
14.8 The use of headings are for convenience only and shall not affect the interpretation of this Agreement.
14.9 These Conditions shall be interpreted and construed according to, and governed by the laws of England and the parties submit to the non-exclusive jurisdiction of the English Courts.
14.10 No third party shall acquire any rights under these Conditions and the provisions of the Contracts (Rights of Third Parties) Act 1999 are excluded.
14.11 If you have any questions about these Conditions please contact us.
14.12 Complaints – In the unlikely event that you have cause to complain your complaint can be sent by e-mail to email@example.com or by post to Cranfield Management Association, Cranfield School of Management, Cranfield, Bedford, MK43 0AL.