Terms and Conditions of Sale
TERMS OF SALE AND LICENCE
These Terms of Sale and Licence (“Terms”) set out the terms on which we, the British Council, of Bridgewater House, 58 Whitworth Street Manchester M1 6BB, a registered charity in the United Kingdom (209131 in England and SCO37733 in Scotland) provide and licence our education market intelligence reports (“Reports”) made available via our website www.britishcouncil.org to you. Please read these Terms carefully before purchasing any Reports from our site.
If you have read, understood and accept these terms and wish to proceed with the purchase of the Reports in accordance with these Terms, please click on the button marked "I Accept" at the end of these Terms. If you do not accept these Terms, you will not be able to purchase any Reports from our site.
You should print a copy of these Terms for future reference.
1. Licence to the Reports
1.1 In consideration of the price to be paid for the Report (the “Fee”), we grant you a revocable, non-exclusive, non-transferable licence to do the following for your internal business purposes:
(a) download the Report;
(b) store electronically, print and make a reasonable number of copies of the Report for distribution amongst your employees or colleagues, including by way of email, provided that:
(i) all copyright notices, other notices and branding on the Reports are retained in any copies of the Reports and are not altered, amended or removed; and
(ii) all recipients of copies of the Reports pursuant to this clause 1.1 are made aware of the provisions of these Terms; and
(c) use the Report in any way that the British Council permits in writing from time to time.
1.2 You acknowledge that the Report is for your own use or internal business purposes only and you may not assign, sub-licence or transfer the rights granted to you in these Terms to any other party. Further, you may not copy, reproduce, edit, adapt, make derivate works of, publish, make available, distribute, broadcast, sell or disclose the Report or any part of the Report without our permission.
1.3 You acknowledge that, unless otherwise stated in the Report, we are the owner of all rights, title and interest in the Report and you do not acquire any proprietary rights in the Report or copies of the Report.
2. Price and payment
2.1 You must pay the Fee. Unless otherwise specified, the Fee is exclusive of any duties, value added or goods and services tax. You must pay an additional amount equal to any such taxes at the same time as the payment for the report, subject to receiving any tax invoice or other documentation required under the applicable law.
2.2 The Fee will be as quoted on our site from time to time, except in cases of obvious error. Fees are liable to change at any time. In the event that a Fee is incorrectly stated on our website and you purchase a Report for that incorrect Fee, we retain the discretion to charge you an additional amount to reflect the correct Fee, to reimburse you for any additional amounts paid in excess of the Fee or to take no further action.
2.3 Payments for all Reports must be by credit or debit card. We accept payment by way of MasterCard, Visa, Diner’s Club International, JCB, China Union Pay or American Express. We will not charge your credit or debit card until we have processed your order for the Report.
3. Purchase and delivery of reports
3.1 After selecting a Report for purchase on our site and accepting these Terms, your order will be processed. Your order constitutes an offer to purchase the Report and all orders are subject to acceptance by us. We will confirm such acceptance by way of a notification to you on our site.
3.2 On notification that the sale of the Report is complete, the Report will be made available to you for download from our site as a PDF. Once you download a copy of the Report, please be sure to keep a copy of the Report. The Report will be available for download from our site for six (6) months from the date of purchase of the Report, after which time you will have to re-purchase the Report from our site to gain access to the Report.
3.3 Except for those rights which by law cannot be contracted out of, once we have provided you with notification of the sale and the Report has been downloaded, your order cannot be cancelled and we will not provide any refunds for the Report.
4. Warranty, liability and indemnity
4.1 You warrant to us that by placing an order through our site, you are legally capable of entering into binding contracts and you are at least 18 years old.
4.2 You accept that the Report is provided to you on an “as is” basis and we make no warranties (whether express or implied) in respect of the Report or its contents and accept no responsibility for the suitability, accuracy or completeness of the Report. We do not warrant that the Report is virus-free and accept no responsibility for any damage caused when downloading the Report to your computer. Except for those terms which cannot be lawfully excluded, all other terms that might be implied in these Terms are excluded.
4.3 To the maximum extent permitted by law, we shall have no liability for any loss, expense, claim or damages of any kind in connection with or arising out of any use of the Report. Notwithstanding the above, in the event that a court finds us liable to you, you agree that our liability in connection with or arising out of these Terms (whether in contract, tort (including negligence) or otherwise) is limited to the amount of the Fees paid for the relevant Report.
4.4 Notwithstanding any other provision of these Terms, we will not be liable for any indirect, incidental, consequential, special, or exemplary damages or any damages for loss of profits, loss of data or business interruption, in connection with or arising out of any use of the Report.
4.5 Nothing in these Terms shall limit our liability in respect for death or personal injury resulting from our negligence or other liability which cannot be limited or excluded by the laws of your jurisdiction.
4.6 You agree to indemnify us and hold us harmless from and against any and all liability, loss, expense, claim or damages arising from or relating to (i) any breach of any provision of these Terms by you; or (ii) any third party claims arising as a result of your use or misuse of the Reports.
5. Termination
5.1 We may terminate these Terms if, in our reasonable belief, you fail to comply with any provision of these Terms. On termination of these Terms for any reason, you will cease using and destroy all or any copies of the Report. Any termination of these Terms will not affect any accrued rights or liability of either party, including rights to injunctive relief. Clause 4 survives termination of these Terms.
6. Miscellaneous
6.1 These Terms embody the entire understanding and agreement between the parties as to its subject matter. All previous understandings or representations in relation to, or in any way affecting, the subject matter of these Terms are superseded by these Terms.
6.2 A waiver of any right, power or remedy under these Terms must be in writing signed by the party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given.
6.3 Each provision of these Terms is severable and the parties intend that every such provision will be and remain valid and enforceable to the fullest extent permitted by law. If any such provision is or at any time becomes to any extent invalid, illegal or unenforceable, it will to that extent be deemed not to form part of these Terms and all of the other provisions in these Terms will continue in full force and effect.
6.4 You cannot assign, transfer or sub-licence your rights under these Terms.
6.5 These terms may be amended by us on notice to you. Your continued use of the Report constitutes your acceptance of such amended terms.
6.6 These Terms will be governed by the laws of Hong Kong Special Administrative Region. Any dispute or claim arising out of or in connection with these Terms will be subject to the non-exclusive jurisdiction of the courts of Hong Kong Special Administrative Region.
If you have any questions regarding the Reports or these Terms, please contact us on the details below:
British Council
3 Supreme Court Road
Admiralty, Hong Kong
(852) 2913 5100
enquiries@britishcouncil.org.hk
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