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IT|Fandango

Terms & Conditions

The following Terms and Conditions govern the use by all persons of any and all of the IT Fandango services and websites.

Please read the following carefully because by accessing our website/s and content you are agreeing to abide by these Terms and Conditions of Use.

We may modify any of these terms and conditions at any time by providing notice on our website.

Your continued use of our websites, materials and services shall be conclusively deemed acceptance of these terms and conditions and any subsequent modification.

We are committed to protecting your data and to complying fully with the terms of GDPR 2018. We will not sell, share, or rent your data to any third party.

1- DEFINITIONS
• You refers to the member or You as the Director/Agent of the business: By accessing the Site you are deemed to have accepted these terms. Where the context so requires, you or your includes your Authorised Users.
• Us, We, or Our: IT Fandango incorporated and registered in England and Wales. You can contact us via email at info [at] itfandango [dot] com or by writing to us at Suite 2A Blackthorn House, St Paul’s Square, Birmingham, England, B3 1RL, United Kingdom.
• Agreement: the terms and conditions set out in this document, any variations agreed between us and any additional terms notified before use of the Services.
• Authorised Users: Authorised Users includes any person in your business that we have agreed with you is or are to benefit from your subscription or membership.
• IT Fandango grants access to a range of specified products. Specific terms and conditions for IT Fandango are set out below.
• Intellectual Property Rights: These rights include, without limitation, patents, trademarks, trade names, design rights, copyright (including rights in computer software), database rights, rights in know-how and other intellectual property rights, in each case whether registered or unregistered, which may subsist anywhere in the world.
• Services: includes hosting services and provision of know-how, as the context requires, that we provide to allow you to access and use the material, information, content and know-how.
• Software: The software provided by us or by our suppliers which enables you to use the Services, including data schemas, data models, databases and the like.
• Start Date: The date the Subscription Period starts.
• Subscriber Data: The data input by you or given to us by you.
• Subscription Fee: The subscription fee for any and all of the Services we provide to you.
• Subscription Period: The period in respect of which a Subscription Fee is payable for any Service.
• Subscription or Subscription Option: any Services provided by Us in exchange for a recurring Subscription Fee each Subscription Period, with automatic renewal agreed at the time of purchase of the Service.

2- SUBSCRIPTIONS
• You can subscribe to any of the products or services by registering online via our website and using our online ordering process.
• Subscriptions include, but are not limited to:
– The Learning Hub
• We will send you written confirmation of your order and, where appropriate, an account name and password for you and any authorised users.
• If you opt to pay for your subscription in monthly instalments then you agree that you are legally obliged to complete ALL of your instalment payments and that you are liable for those payments regardless of your use of the service or any other factors.
• If you decide to cancel you subscription, you must do so via the Cancel subscription form in your account. Upon request, the cancellation is immediate and non-reversible.

3- AUTHORITY AND LICENCE
• We authorise you and your Authorised Users to have access to our content and materials in accordance with your chosen Subscription and for which you agree to pay us the Subscription Fee.
• This Agreement (including the licences hereunder) starts on the Start Date and ends on the first of the following events:
– the end of the Subscription Period (unless renewed in accordance with these terms and conditions); or
– termination of this Agreement (again, in compliance with these terms and conditions)
• We hereby grant you on the basis of these terms and conditions a non-exclusive, non-transferable licence to access our material and content solely for your business purposes (and for the avoidance of doubt, nothing in these Terms grants to you any rights whatsoever in or relating to the source code of the Software or any Intellectual Property Rights).
• We confirm that we have all the rights in relation to the software, material and content that are necessary to grant all the rights we purport to grant under these terms and conditions.
• You may search, view, copy and print out material from our website for your own business purposes only. You may not re-package or re-sell the content or information in any format without prior written agreement from us.

4- YOUR OBLIGATIONS
• You will, and will take reasonable steps to ensure that Authorised Users will comply with the terms of use of the Services in this Agreement and do not copy, distribute, transmit or otherwise reproduce, sell or resell any of our content or material from any of our websites or other sources; store such material in any form or medium in a retrieval system; or transmit such material, directly or indirectly, for use in any paid service such as document delivery or list servers, or for use by any information brokerage or for systematic distribution, whether or not for commercial or non-profit use or for a fee or free of charge.
• You will take reasonable steps to ensure that nobody other than Authorised Users accesses the know-how or Services using accounts created with your username and password.
• You acknowledge and agree that we and our licensors own all Intellectual Property Rights in the Software, the content, the know-how and the Services. Except as expressly stated in this Agreement, this Agreement does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Software, know-how, Services or any related documentation.
• You are solely responsible for the appropriate use and adaption of our know-how for your own use.
• You recognise and accept that in our know-how we are not providing professional advice (e.g. such as would be given by a solicitors’ firm or accountant). You must ensure that you seek independent professional advice before implementing any know-how.
• You are responsible for configuring your information technology, computer programmes and platform in order to access the Services. You should use your own virus protection software.
• By submitting your and Authorised Users’ personal information to us or our agents, you agree, and confirm your authority from such other individuals to our collection, use and disclosure of such personal information in accordance with our privacy policy which is available on our website.
• In the event that we provide links to third-party websites, we disclaim all responsibility and liability for the content of such third-party websites. Authorised Users assume the sole responsibility for the accessing of third-party websites and the use of any content appearing on such websites.

5- CHARGES AND PAYMENT
• The Subscription Fee will depend on which Subscription Option you choose. The prices for each Subscription Option are as set out on our website from time to time.
• Payment is due at the check-out process of the online registration process and, where appropriate by monthly or periodic payment thereafter collected by a payment provider of our choice.
• Should you choose to cancel your subscription before the end of the Subscription Period, you are still liable to pay the Subscription Fee in full. We do not give, and you are not entitled to receive, any pro-rata refunds.
• Similarly, if you are paying for your Subscription in instalments then you are liable for, and committed to, making ALL of the instalment payments. You cannot cancel or walk away with instalment payments outstanding.
• Instalments: Where available you can choose to pay in instalments by selecting the Instalment Option during the online ordering process. When we confirm your order, we will confirm your instalment payment amounts and dates.
• Late Payment: See clause 12 (below) for what will happen if you miss a payment due for the Subscription Fee.
• Renewal: Your subscription will renew automatically at the end of each Subscription Period unless cancellation is request via the Cancel subscription form, or in case of failure to collect the Subscription Fee due.
• Cancellation: If you do not want to renew your subscription for another Subscription Period, you must request to cancel your subscription via the Cancel subscription form in your account. Any other request to cancel the subscription (e.g. contacting one of our representatives via email or LinkedIn) will not be acted upon and your subscription will remain active until cancelled via the Cancel subscription form.
• Subject to us receiving such notice from you, your subscription will end immediately upon your request to cancel. You must tell us if you do not want to renew your subscription before the end of the Subscription Period, as payment for renewals is processed automatically and once processed is non-refundable.

6- THE LEARNING HUB SUBSCRIPTION
• Not Transferable: the Learning Hub Subscription is not transferrable to any other individual or business. It cannot be ‘shared around’. Any violation of this policy may result in a termination of the subscription at the sole discretion of IT Fandango and without any refund of the Subscription Fee provided.
• Downloads & Sharing: Livestream and/or recordings must not be downloaded, copied or shared with anyone outside of your business. Breach of this will result in your Subscription being terminated with no refund and you may face prosecution for breach of copyright.
• Ownership & Copyright: IT Fandango retains the rights to all material shared with you.
You may use any such material for the sole purpose of developing and/or furthering the sales and growth of your own business but you cannot share, re-sell, re-purpose or re-distribute any of our content or information to others in any circumstances.
• Your payments: if you have opted to pay for your Subscription in instalments then you understand and agree that you have a legal commitment and obligation to make all the instalment payments on the due dates, regardless of your usage of the Subscription or any other factors.
You also agree and understand that should any instalment payment fail, or be made late, then all remaining instalments will become payable immediately.
If any of your instalments payments fail then your access to the resources will be suspended until full payment is received. If you have not opted out to pay in instalments, your access to the resources may be terminated if full payment is not received.
The Subscription you have purchased is non-refundable and therefore you will be liable to make all of the instalment payments. If you choose to cancel your Subscription all remaining instalments will immediately become due.
• Your Results: The content provided and delivered to you has been developed from our experience and expertise. However, we do not give any guarantee, promises or warranty with regard to the results, sales or profits that you will see from putting into practice the techniques and strategies that we teach. Lots of factors will impact the results you get including the time and effort put in, your past experience, skills and reputation.
You agree that the decision to purchase a Subscription has been taken solely on the basis of your personal judgement and that no representation, warranty, inducement or promise, express or implied, has been made by IT Fandango or relied upon by you in purchasing a Subscription.
• Cancellation Policy: You agree that your purchase of a Subscription is final and non-refundable, regardless of your usage of it or any other factors.
If your circumstances change and you don’t want or need your Subscription for any reason then you recognise and agree that the balance of any and all instalment payments owed will still be due and must be paid.

7- OUR OBLIGATIONS
• We warrant that you will not infringe any third party intellectual property rights by using the material and know-how provided and we will indemnify you against losses, costs or expenses You may incur as a result of any claim that the use by you of the know-how and material infringes any third party intellectual property rights, provided you notify us within a reasonable time of any such claim being made. This warranty and indemnity are unlimited.
• We will take reasonable steps to ensure that Software and data files we supply to you as part of the Service are virus-free. However, You should use your own virus protection software.
• We will use our best endeavours to ensure that Subscriber Data is maintained securely and is properly backed-up. In the event of any loss or damage to Subscriber Data, your sole and exclusive remedy shall be that we use our best endeavours to restore the lost or damaged Subscriber Data from the latest back up of such Subscriber Data. We shall not be responsible for any loss, destruction, alteration or disclosure of Subscriber Data caused by any third party (except those third parties sub-contracted by us to perform services related to Subscriber Data maintenance and back-up).
• We will use our best endeavours to ensure that the Services are provided continuously and that access to our website is not interrupted by any event within our control. We will notify you in advance in case of prolonged planned downtime, which, if reasonably practicable, will be scheduled outside normal United Kingdom office hours. However, we assume no liability for any losses you may suffer as a result of any downtime and the Subscription Fee is non-refundable.

8- CONFIDENTIALITY
• You acknowledge that our Confidential Information includes all of our content, materials and Software.
• We acknowledge that the Subscriber Data is your Confidential Information.
• Each party shall use its best endeavours to ensure that the other’s Confidential Information to which it has access is not disclosed or distributed in violation of the terms of this Agreement.
• Neither party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party (except, in our case, those third parties sub-contracted by Us to perform services related to Subscriber Data maintenance and back-up).
This clause shall survive the termination of this Agreement, however, arising.

9- DISCLAIMER
• We give you no warranty or assurance or guarantee of any kind, except as set out in clause 8. We declare and you acknowledge that all implied warranties and conditions are excluded to the maximum extent permitted by law.
• Our policy is to conduct our business at all times in a professional manner and to best practice standards. We use our best endeavours to maintain our content, keep the know-how and materials up to date and develop our Services to meet subscribers’ needs. However, you should note in particular:
• The know-how is not intended to constitute a definitive or complete statement on any subject, nor is any part of it intended to constitute professional advice for any specific situation.
• We do not undertake any obligation to consider whether the information provided to or by us for the purpose of our Know-how is either sufficient or appropriate for any particular actual circumstances.
• Because of the extensive amount of content and material available on our websites some information and resources may be incorrect or out of date.
• We are a provider of practical know-how and resources. We do not accept any responsibility for action taken as a result of information provided by us. You should take specific advice when dealing with specific situations. The services are general and educational in nature, may not reflect all recent developments and may not apply to the specific facts and circumstances of individual transactions and cases. We do not advise clients in any matter and are not bound by the professional responsibilities and duties of a professional advisor. Nothing in the Services or in these Terms of Use nor any receipt or use of such Services shall be construed or relied on as advertising or soliciting to provide any professional advice services, creating any advisor-client relationship or providing any representation, advice or opinion whatsoever on behalf of us or our editorial staff.
• We give you no warranty or assurance that the Services and our means of delivering them are compatible with your software or computer configuration.
• We may change part or all of any Service at our discretion.

10- LIABILITY
• You assume sole responsibility for results obtained from the use of our content and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided by you in connection with the Services, or any actions taken by us at your direction; and all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.
• Nothing in this Agreement excludes our liability for death or personal injury caused by our negligence; or for fraud or fraudulent misrepresentation.
• Subject to clause 8 and Clause 11:
• We shall not be liable for any loss of profits, loss of business, depletion of goodwill or similar losses or pure economic loss, or for any special, indirect or consequential loss costs, damages, charges or expenses however arising; and
• Our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the Subscription Fee during the 12 months preceding the date on which the claim arose. You acknowledge that this limitation is reasonable.
• We shall have no liability for the performance of any businesses other than IT Fandango. Any other businesses featured or mentioned on our websites or in our materials are used at your own risk and you should do your own due diligence before entering into any arrangements or contracts with them. Just because a business is a member of IT Fandango, we cannot guarantee that they maintain the same high values and ethics as we do.
• We shall have no liability to you under this Agreement if we are prevented from or delayed in performing our obligations under this Agreement or from carrying on business by acts, events, omissions or accidents beyond our reasonable control, including without limitation default of sub-contractors, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or communications network, an 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.

11 -TERMINATION
• Your Subscription will terminate if you are in material breach of any of these terms and if the breach is not remedied within the period of 20 working days after written notice of it has been given.
• Notwithstanding clause 12, if payment of the Subscription Fee is not made in full by the due date(s), without prejudice to any rights or remedies otherwise available, we reserve the right to (a) charge interest on the outstanding balance of all overdue sums at the rate of 3% per month above the current base rate at the Bank of England or the maximum interest rate permitted by law, whichever is the greater; and (b) suspend or withdraw access to each relevant Service(s).
• If for any reason a monthly instalment is not made in full, then the full value of the Subscription payments for the Subscription Period will become immediately payable in full.
• On termination of this Agreement for any reason:
• all licences granted under this Agreement shall immediately terminate;
• subject to the exceptions in this sub-clause, you will take reasonable steps to delete the know-how and any materials from your electronic media, including your intranet and electronic storage devices so that you no longer have an electronically functional copy of the Software or any part of our content, know-how and materials.
• Termination shall not affect or prejudice the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination.

12-CANCELLATION AND NOTICE PERIODS
• Subscriptions can be cancelled at any time by using the Cancel subscription form in your account.
• The length of the notice period required to cancel will depend on the type of subscription, but in any case it must be requested prior to the end of the Subscription Period already paid for.
• No refunds, or pro-rata refunds, are made on any Monthly or Annual Subscription Fees paid.
• Subscription Fees must be fully up to date before cancellation can be affected. If Subscription Fees are outstanding or overdue, then they must be paid in full before cancellation can be made. You agree that failure to bring your subscription payments up to date means that your subscription cannot be cancelled and therefore Subscription Fees will continue to accrue.
• If paying by Instalments, then you will continue to be liable for your outstanding payments until the end of your Subscription Period.

13- REFUNDS
• No refunds, or pro-rata refunds, are made on any Monthly or Annual Subscription Fees paid.
• Any decision of issuing refund is taken at the sole discretion of IT Fandango, and only in exceptional cases. We retain the right to assess whether certain case is deemed exceptional and whether it qualifies for a refund.
• Refunds can only be processed by the method the order was originally charged.

14- GENERAL PROVISIONS

  • All of the Company’s rights under these terms may be assigned, transferred or otherwise dealt with by the Company and will inure to the benefit of IT Fandango successors and assignees.
  • You may not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations
  • If any of these terms are deemed invalid or unenforceable for any reason then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.
  • These Terms and Conditions represent the full agreement between the parties and replace and/or supersede anything that precedes it.
  • These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing on our website.
  • You acknowledge and agree that in entering into your Subscription you have not relied on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently made or not) of any person other than as expressly set out in these terms and conditions.
  • Failure of the Company to enforce any of the provisions set out in these Terms and Conditions or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms and Conditions or any part thereof, or the right thereafter to enforce each and every provision.
  • These Terms and Conditions shall be governed by the law of England & Wales.