This agreement applies as between you, the User of this Website and The-Digiterati Limited, the owner of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
- Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
||means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
||means The-Digiterati Limited, Oak Tree House, Berry Lane, Chorleywood, Herts, WD3 5EY;
||means collectively any online facilities, tools, services or information that The-Digiterati Limited makes available through the Website either now or in the future;
||Means our place of business located at Oak Tree House, Berry Lane, Chorleywood, Herts, WD3 5EY;
||means any online communications infrastructure that The-Digiterati Limited makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
|“User” / “Users”
||means any third party that accesses the Website and is not employed by The-Digiterati Limited and acting in the course of their employment; and
||means the website that you are currently using (thedigiterati.com) and any sub-domains of this site (e.g. subdomain.thedigiterati.com) unless expressly excluded by their own terms and conditions.
- Intellectual Property
- Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The-Digiterati Limited, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
- Subject to Clause 4 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by The-Digiterati Limited.
- Third Party Intellectual Property
- Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
- Subject to Clause 4 or you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
- Fair Use of Intellectual Property
- Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
- All blog posts found on this site are property of The-Digiterati Limited, and are licensed under Creative Commons.
- Links to Other Websites
- This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of The-Digiterati Limited or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
- Links to this Website
- Those wishing to place a link to this Website on other sites may do so only to the home page of the site https://thedigiterati.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of The-Digiterati Limited. To find out more please contact us by email at firstname.lastname@example.org.
- Use of Communications Facilities
- When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
- You must not use obscene or vulgar language;
- You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- You must not submit Content that is intended to promote or incite violence;
- It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
- You must not impersonate other people, particularly employees and representatives of The-Digiterati Limited or our affiliates; and
- You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
- You acknowledge that The-Digiterati Limited reserves the right to monitor any and all communications made to us or using our System.
- You acknowledge that The-Digiterati Limited may retain copies of any and all communications made to us or using our System.
- You acknowledge that any information you send to us through our System may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
- In order to use the enquiry form and any other communication facility that may be added in the future on this Website, you are required to submit certain personal details. By continuing to use this Website you represent and warrant that:
- Any information you submit is accurate and truthful; and
- You will keep this information accurate and up-to-date.
- If you wish to opt-out of our placing cookies onto your computer or device, please adjust your internet browser's settings to restrict cookies as detailed in your internet browser's help menu. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.
- The-Digiterati Limited makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
- No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
- No part of this Website is intended to constitute a contractual offer capable of acceptance. No goods and / or services are sold through this Website and product and / or service details are provided for information purposes only
- Whilst every effort has been made to ensure that all graphical representations of products and / or descriptions of services available from The-Digiterati Limited correspond to the actual products and / or services, The-Digiterati Limited is not responsible for any variations from these descriptions.
- The-Digiterati Limited does not represent or warrant that such products and / or services will be available from us or our Premises. For this reason, please contact us prior to visiting if you wish to enquire as to the availability of any products and / or services. Any such enquiry does not give rise to any express or implied warranty that the products and / or services forming the subject matter of your enquiry will be available upon your arrival at our Premises.
- All pricing information on the Website is correct at the time of going online. The-Digiterati Limited reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
- Whilst The-Digiterati Limited uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
- Availability of the Website and Modifications
- The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- The-Digiterati Limited accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- The-Digiterati Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
- Training services
- 11.1The-Digiterati Limited is a training provider and provides training via the Website and at other venues. Users may access some Training online at no charge and other online Training may attract a Fee. Users may wish to attend Training events offered by The-Digiterati Limited offline at a Venue to be determined by The-Digiterati Limited. Users may wish to arrange for bespoke Training to be provided andThe-Digiterati Limited may agree to provide such Training on these Terms and Conditions subject always to the payment by the User of the appropriate Fee. Training can be booked either online via the training booking form or by contacting The-Digiterati Limited directly. In either case the arrangements for Training are subject to The-Digiterati Limited's confirmation of the booking.11.2. Where so agreed, The-Digiterati Limited will provide the User with the Training at the Venue, subject to The-Digiterati Limited's prior approval of the Venue and subject at all times to these Terms and Conditions.11.3. Where Users wish to arrange bespoke Training, the User and The-Digiterati Limited shall together agree on the Venue. If the Venue is not at the User's premises then The-Digiterati Limited can suggest alternative locations, however, the User shall be responsible and liable, at its own cost, for the provision of the Venue and any necessary facilities requested by The-Digiterati Limited or the Trainer(s) to enable delivery of the Training (for example, without limitation, seating, projector, access to computers and/or the internet). The User shall ensure that the Venue is safe and adequate for the provision of Training to participants and shall provide The-Digiterati Limited with a copy of any applicable Venue Terms at least two weeks prior to the scheduled date of the Training. The User and all parties employed or otherwise engaged by it shall comply with all Venue Terms relating to the Training and the User's attendance at the Training.11.4. The User acknowledges that the Trainers are not necessarily employees of The-Digiterati Limited and that The-Digiterati Limited may, at its sole discretion, procure the services of third parties to provide any part of or all of the Training.
11.5. The Trainers do not represent The-Digiterati Limited and the views and opinions of the Trainers are not necessarily the views and opinions of The-Digiterati Limited and The-Digiterati Limited disclaims all and accepts no liability for any acts or omissions of the Trainers, or the statements they make or information that they provide.
11.6.The-Digiterati Limited will use reasonable endeavours to ensure that any individually named Trainer(s) shall provide the relevant Training, but where this is not possible, The-Digiterati Limited reserves the right to procure the services of suitable alternative Trainer(s), provided that The-Digiterati Limited shall give the User notice of any such change(s) as soon as is reasonably possible. Any such change(s) shall not constitute a breach of contract and shall not give the User the right to terminate.
11.7. The-Digiterati Limited will use reasonable endeavours to ensure that the Training shall take place on the relevant date(s) and time(s) and at the Venue as agreed, but where this is not possible, The-Digiterati Limited reserves the right to alter the date(s), and/or time(s), provided that The-Digiterati Limited shall give the User notice of any such change(s) as soon as is reasonably possible. Any such change(s) shall not constitute a breach of contract and shall not give the User the right to terminate.
11.8. The-Digiterati Limited hereby grants to the User a non-exclusive worldwide licence for the duration of one year to download, store, reproduce, transmit, display, copy the Training Materials, and where the User is an organization, to provide access only to its Users who attend the relevant Training and then only within the User's single entity and providing always that they are used only for the User's own business purposes.
11.9. The User shall not alter or remove any copyright notices or other notices indicating rights in the Training Materials.
11.10. For the avoidance of doubt, the licence granted in clause 11.8 shall not permit the User to do any of the following without the prior written consent of The-Digiterati Limited:
11.10.1. transfer the licence granted in clause 11.8;
11.10.2. download, store, reproduce, transmit, display (including without limitation display on any intranet or extranet site), copy, sell, publish, distribute, provide access to or otherwise use the Training Materials for any purposes other than as set out in clause 11.8;
11.10.3. sub-license, rent, lease, transfer or assign any IPRs in the Training Materials, to any other person, or attempt to do any of the foregoing;
11.10.4. disclose the Training Materials whether in part or in their entirety to any third party, including any associated or affiliated company;
11.10.5. in any way commercially exploit any of the Training Materials content; or
11.10.6. use the Training Materials for any unlawful purpose.
11.11. The User grants The-Digiterati Limited a non-exclusive perpetual irrevocable worldwide licence to use the User's name and trade marks in connection with the promotion and delivery of the Training and for the creation of the Training Materials for the User.
11.12. If the User wishes to cancel any Training The-Digiterati Limited shall be entitled to (but without being obliged to do so and without prejudice to any other right or remedy available to The-Digiterati Limited) apply the following cancellation charges where The-Digiterati Limited receives notice of cancellation of the relevant Training:
11.12.1. between four and six weeks before the date of the relevant Training – fifty per cent (50%) of the Fee attributable to that element of the Training plus VAT;
11.12.2. four weeks or less before the date of the relevant Training – one hundred per cent (100%) of the Fee attributable to that element of the Training plus VAT; and
11.12.3. if the cancellation charges above do not cover any costs incurred by The-Digiterati Limited in preparation of the provision of the relevant Training then The-Digiterati Limited may invoice the User and the User shall pay for the additional sum required to cover those costs.
11.13. Without prejudice to the generality of clauses 9 and 10, you acknowledge and accept that there may be technical downtime or errors relating to the provision of Training online and Online Training Materials. Such downtime or errors may prevent Training and Online Training Materials being accessed by Users of the Site and The-Digiterati Limited shall not be liable if access is delayed, prevented from access or displayed incorrectly by any cause beyond our control including server downtime or errors.
11.14. IN ANY EVENT, OUR LIABILITY IN RELATION TO THE PROVISION OF TRAINING AS PER THE RELEVANT CONFIRMATION OF BOOKING PURSUANT TO CLAUSE 11.1 SHALL BE LIMITED TO A SUM EQUAL TO THE AMOUNT PAID TO US FOR THE TRAINING IN QUESTION OR £100, WHICHEVER IS THE GREATER, AND THE-DIGITERATI LIMITED SHALL NOT BE LIABLE FOR ANY LOSS OF OR DAMAGE TO ANY IMAGES OR TEXT PROVIDED TO US BY YOU WHEN SUBMITTING ANY BOOKING FOR TRAINING, WHETHER ONLINE OR OTHERWISE.
11.15. You agree to pay the relevant Fees for Training, if any, set out on the Site or otherwise notified in order to access certain Training including Online Training. Fees set out on the Site may change from time to time and any change will be posted on the Site and will take effect for all Online Training accessed after the change. Where applicable, payment must be prepaid in accordance with the payment methods set out on the Site before access to certain Online Training is permitted, and no licence under clause 11.8 shall be granted until we receive payment in full for the relevant Online Training. Fees paid to us for Online Training shall be non-refundable.
11.16. Some Training provided by us involves or is delivered in partnership with another educational organisation or institution providing accreditation or an award of qualification for such Training (such organisation or institution, an “Accreditation Partner”). Where applicable, your admission and participation in such Training shall be in accordance with these Terms and Conditions but also subject to that Accreditation Partner’s policies, rules, regulations and institutional code of practice that may apply to you. The-Digiterati Limited accepts no responsibility or liability for the application or operation of the Accreditation Partner policies and regulations, the terms of which shall be between you and the Accreditation Partner. To the extent that The-Digiterati Limited is reliant on the Accreditation Partner to provide certain course or Training components, functions and other obligations relating to the delivery of any such Training, you acknowledge and agree that The-Digiterati Limited shall not be liable for any default or delay on the part of the Accreditation Partner in respect of such obligations.
11.17. Where you wish to access The-Digiterati Limited e-learning Services, you acknowledge and agree that your use of any such e-learning software or services to which you are granted access is subject to any terms and conditions of the E-learning platform providers. Specifically, any access to third party e-learning platforms will be subject to the terms and conditions of the third party service provider, which can be accessed separately.
- Limitation of Liability
- To the maximum extent permitted by law, The-Digiterati Limited accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
- Nothing in these terms and conditions excludes or restricts The-Digiterati Limited’s liability for death or personal injury resulting from any negligence or fraud on the part of The-Digiterati Limited.
- Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
- No Waiver
- In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- Previous Terms and Conditions
- In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
- Third Party Rights
- Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and The-Digiterati Limited.
- All notices / communications shall be sent to us either by post to our Premises (see address above) or by email to email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- The-Digiterati Limited may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in the footer of the email you receive from us.
- Law and Jurisdiction
- These terms and conditions and the relationship between you and The-Digiterati Limited shall be governed by and construed in accordance with the Law of England and Wales and The-Digiterati Limited and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.