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TeachandLearn.net ('TAL') Unit Terms & Conditions of Use

BY ACCESSING THIS UNIT YOU ACCEPT AND SHALL BE BOUND BY THE CURRENT TERMS AND CONDITIONS OF USE WHICH MAY BE UPDATED FROM TIME TO TIME.

If you are acting as a consumer nothing in these Terms and Conditions affects your statutory rights

DEFINITIONS

In this contract, the following words and phrases shall have the following meanings:
"Content" means content or information in any format, which is published or transmitted via the Unit including Third Party Content.
"Equipment" means equipment and software, which enables access to the Internet and viewing of the Unit.
"Service Providers" means The Open University. The Open University's address is Walton Hall, Milton Keynes, MK7 6AA.
"Unit" means the on-line professional development content to which this notice is attached.
"Unit User" or "You" means any person using the Unit.
"Third Party Content" means content or information on or linked from the Unit originating from or owned by third parties.

1. PUBLICATION OF THE UNIT AND PROVISION OF ACCESS

1.1	The Unit is published by the OPEN UNIVERSITY. Users will not become members of, students of or otherwise affiliated with the Open University except following acceptance of a further application direct to the Open University.
1.2	The Open University will not be liable if for any reason the Unit or any part of it is unavailable at any time or for any period.
1.3	Access to the Unit or any part of it may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Open University’s control.

2. COPYRIGHT TRADE MARKS AND PERMITTED USE

2.1	All rights, including any copyright and database right, in this Unit and its Content, are owned by or licensed to the Open University, or otherwise used by the Open University as permitted by law.
2.2	In accessing this Unit, you agree that you will access the contents solely for your own private use as an educational training resource. You can download and use the service on a single computer at any time and you can print out a single hard copy of any part of the content of the Unit solely for the above purpose unless otherwise instructed on the Unit.
2.3	Except as permitted above, you undertake not to copy, store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, link to, or show in public any part of this Unit without the prior written permission of the Open University or in accordance with the Copyright, Designs and Patents Act 1988.
2.4	You agree to use this Unit only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this Unit by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this unit.
2.5	The names, images and logos identifying the Open University or third parties and their products and services (including but not limited to TeachandLearn.net, T&L, Teachandlearn.net and other brands and logos) are proprietary marks of the Open University and/or third parties. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any licence or right under any trade mark or patent of the Open University or any other third party.

4. PRIVACY POLICY AND THE USE OF DATA
The Open University is registered under the Data Protection Act 1998 and will comply with that Act's provisions at all times.

5. WARRANTIES, INDEMNITIES, LIMITATION AND EXCLUSION OF LIABILITY

5.1	While the Open University endeavours to ensure that the information on the Unit is correct the Open University does not warrant the accuracy and completeness of the material on the Unit. The Open University may make changes to the material on the Unit at any time without notice. The material on the Unit may be out of date, and the Open University makes no commitment to update such material.
5.2	The material in the Unit is provided 'as is' without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Open University provides you with the Unit on the basis that it excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this provision might have effect in relation to the Unit.
5.3	The Open University does not warrant that the functions contained in the material contained in the Unit will be uninterrupted or error free, that defects will be corrected, or that the Unit or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials.
5.4	The Unit may contain links to third party units, or references to third party products or services, unconnected with the Open University. The Open University is not responsible for and has no liability in relation to any Third Party Content, products or services, nor does it endorse any third party unit, products or services in any way.
5.5	The Open University excludes all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Unit in any way or in connection with the use, inability to use or the results of use of the Unit, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Unit or your downloading of any material from the Unit.
5.6	Nothing in this agreement shall seek to limit or exclude the Open University liability for death or personal injury caused by the negligence of the Open University, or for fraudulent misrepresentation.
5.7	You shall indemnify the Open University against all costs claims demands or expenses incurred by or made against the Open University as a result of any breach by you of these terms and conditions.

6. APPLICABLE LAW
These terms and conditions shall be construed in accordance with the Laws of England and shall be subject to the exclusive jurisdiction of the English courts.

7. VARIATIONS
The Open University may vary or amend these terms and conditions at any time and your continued use of the Unit thereafter amounts to acceptance of the current terms and conditions.

8. WAIVER
Failure or delay by the Open University to exercise any of their rights shall not constitute or be deemed to be a waiver hereunder nor prejudice their rights to take subsequent action.

9. HEADINGS
The headings in these terms and conditions are inserted for convenience only and are not intended to be part of or to affect the meaning or interpretation of these terms and conditions.

10. SEVERABILITY
The invalidity or unenforceability for any reason of any of these terms and conditions shall not prejudice the continuation in force of the remainder thereof.

August 2005