BoxMedia shall mean Box Media Holdings Limited and all subsidiaries including (but not limited to) BoxPlay and the website www.boxplay.io.
‘The client’ shall mean the person in whose name the booking is made and shall include the person or persons on whose behalf the same is made. In terms of organisational purchases, the client therefore refers to both the purchasing organisation and to those who take the courses purchased for them by that organisation.
‘The courses’ shall mean one or all of the online courses purchased from BoxMedia.
‘Force Majeure’ shall mean any event outside BoxMedia’s control which prevents the prompt performance of its obligations, including war and civil strife, etc.
Box Media Holdings Ltd (BoxMedia) owns or is licensed to use all intellectual property rights relating to the courses.
BoxMedia retains the courses copyright and all rights therein, including but not limited to the right to publish, republish, transmit, sell, distribute and otherwise use the courses in whole or in part in electronic and print editions throughout the world, in all languages and in all media of expression now known or later developed, and to license or permit others to do so. Where BoxMedia co-owns the course copyright, this information is available on request.
Reproduction, posting, transmission or other distribution or use of the courses in whole or in part, in any medium, requires the written permission of the copyright holders, or in the case of third party materials, the owner of that content. Clients may not alter or remove any copyright or other notice from copies of the content.
If clients believe that any materials included in the courses may infringe the copyrights of another party, please contact BoxMedia by sending a written notice describing the alleged infringement to the following address: BoxMedia Holdings Limited 12 Hope Street, Edinburgh EH2 4DB United Kingdom
A notice must include the following:
- a physical or electronic signature of the owner, or a person authorised to act on behalf of the owner, of an exclusive right that is allegedly being infringed;
- identification of the copyrighted work claimed to have been infringed or, if the claim involves multiple works, a representative list of such works;
- identification of the allegedly infringing material on the Product;
- information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, or, if available, an email address;
- a statement that the complaining party believes that use of the materials in the manner complained of is not authorised by the copyright owner; and
- a statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of the exclusive right that is allegedly infringed.
BoxMedia reserves the right to update the content of the courses from time to time, in order to ensure that the content is up-to-date, for example with any changes in operational procedures or technologies.
Clients may view this course electronically. Clients may not sell or distribute any content from the courses without the written permission of BoxMedia.
Courses are accessible online via PC, tablet or smartphone. After purchase, clients can access the course using the code provided by BoxMedia.
BoxMedia use a third party, Avallain AG, to host the courses. Clients use the Avallain website and the content at their own risk. BoxMedia is not responsible for the running of the website, and do not guarantee that the website will provide continuous, prompt, secure or error-free service, and assume no responsibility, and shall not be liable for, any damages to or viruses that may affect users’ computer equipment or other property arising from use of the courses, including but not limited to the reproduction of the content.
BoxMedia reserves the right to use an alternative Party to host the courses.
The contents of the courses, including the technical, operational and related information, are provided for educational purposes only. The information and material contained on the courses does not constitute professional, financial or legal advice or opinion and should not be relied upon in this way.
While BoxMedia has used its best endeavours to ensure that the material and information contained on the courses was accurate at the time it was developed, no explicit or implied guarantee is given that the information and material located in the courses, or on any other site or location referred to in the courses, is free from error or omission.
BoxMedia does not accept any liability to any person for the use of the information which is provided in the courses or incorporated into it by reference, or for any action taken or omission made on the basis of the information located in the courses. Clients should exercise their own skill and care with respect to the use of the information and material contained in the courses.
BoxMedia accepts responsibility for ensuring that all parts of the courses are supplied as described and that all services shall reach reasonable standard. However they shall not be liable for the perceived failure of these services where such failure is attributable to a) the fault of the client, b) the unforeseeable or unavoidable actions of an unconnected third party, c) unusual and unforeseeable circumstances beyond BoxMedia’s suppliers’ control, including force majeure.
BoxMedia specifically excludes any liability whatsoever, to the fullest extent permitted by law, in respect of any loss or damage resulting or arising from reliance on the contents of this course or any material or content accessed through it. Clients agree to indemnify, defend and hold BoxMedia, its directors, officers, employees or agents, harmless from all claims, causes, costs, expenses, fees (including reasonable legal fees), judgments, liabilities, losses and damages arising from or relating to use of the courses.
These Terms and Conditions and any counterparts, amendments or revisions thereto shall be governed and construed in accordance with English Law without regard to principles of conflicts of laws.
BoxMedia collects the minimum amount of information about clients that is commensurate with providing a satisfactory service. This Policy indicates the type of processes that may result in data being collected about the client. Use of courses gives BoxMedia the right to collect that information.
Data collected in the UK is held in accordance with the 2018 Data Protection Act, the UK’s implementation of the General Data Protection Regulation (GDPR). All reasonable precautions are taken to prevent unauthorised access to this information. This safeguard may require clients to provide additional forms of identity should they wish to obtain information about their account details.
If clients feel they have genuine reason for complaint, they should inform BoxMedia as soon as possible. BoxMedia will respond to all reasonable complaints and will do all they can to resolve any problems. BoxMedia will not, unfortunately, be able to respond to complaints made after a course has been finished, unless notified of this complaint whilst a client was still studying on the course and reasonable opportunity was given to respond to this complaint at that time.
BoxMedia is not liable for failure to perform the party’s obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service. No party is entitled to terminate this Agreement in such circumstances.
If BoxMedia asserts Force Majeure as a reason for failure to perform its obligations, then BoxMedia will prove that it took reasonable steps to minimize delay or damages caused by foreseeable events, that BoxMedia substantially fulfilled all non-excused obligations, and that clients were timely notified of the likelihood or actual occurrence of an event described in this Clause 12(Force Majeure).
All sales are final and no refund or credit will be offered. This policy is offered in addition to your legal rights.
If clients have any questions regarding these Terms and Conditions, please do not hesitate to contact us at: BoxMedia Holdings Limited 12 Hope Street, Edinburgh EH2 4DB United Kingdom
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