Terms & Conditions

Bite Size Limited – Terms & Conditions of use

BACKGROUND:

This agreement applies as between you the User of this Web Site and Bite Size Limited, the owner of this Web Site.

1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:

“Account” means collectively the personal information, payment information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;

“Content” 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 Web Site;

“Free Content” means any Content that is accessible without the payment of a Subscription Fee;

“Learning Establishment” means any provider of education to persons of any age including, but not limited to, schools, colleges, universities and professional / adult education providers;

“Bite Size Limited” means the owner of the site whose registered office is: Cube House, 5a Whytecliffe Road South, Purley, Surrey, CR8 2AY;

“Paid Content” means Content accessible only upon the creation of an Account and the payment of a Subscription Fee;

“Proposal Document” The quotation sent to the customer containing details of the Subscription Fee, Subscription Period and number of Users;

“Registered User” means someone who has been given access by paying sites

“Service” means collectively any online facilities, tools, services or information that Bite Size makes available through the Web Site either now or in the future;

“Subscriber” Means the individual or organisation that pays the Subscription Fee for the Service provided by Bite Size Limited;

“Subscription Fee” means the sum of money paid by the Subscriber to keep their Account active and to enable them to access Paid Content;

“Subscription Period” means the period for which a subscription has been purchased;

“System” means any online communications infrastructure that Bite Size makes available through the Web Site 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 Web Site;

“Web Site” means the website that you are currently using www.bitesizeltd.com and any sub-domains of this site unless expressly excluded by their own terms and conditions. Learning Platforms can be found at www.mybitesize.com or https://learning.mybitesize.com

2.        Intellectual Property

2.1      Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Web Site, is the property of Bite Size Limited or its affiliates.  By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

2.2      Weekly Email Tips are owned by Bite Size Limited.  Forwarding and sharing of these weekly emails must be acknowledged to Bite Size Limited.  No other logo should substitute the Bite Size Limited logo.

3.        Use of Free Content

You may print, reproduce, copy, distribute, store or in any other fashion re-use Free Content from the Web Site for personal or educational purposes only unless given express written permission to do so by Bite Size Limited.   Specifically you agree that:

3.1      You will not use the Free Content of the Web Site for commercial purposes unless given express written permission to do so by Bite Size Limited.

3.2      You will not copy Free Content from the Web Site with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Bite Size Limited.

4.        Use of Paid Content

4.1      Payment of a Subscription Fee gives the Subscriber a licence to use all Paid Content on the Web Site for the duration of the Subscription Period.

4.2      Under such a licence, you agree that:

4.2.1   you will not use the Paid Content of the Web Site for commercial purposes unless given express written permission to do so by Bite Size Limited;

4.2.2   you will not copy any Content from the Web Site with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Bite Size Limited; and

5.       Third Party Intellectual Property

Where expressly indicated, certain Content and the intellectual property rights subsisting therein belongs to other parties.  This Content, unless expressly stated to be so, is not covered by any permission granted by Clauses 3 and 4 of these Terms and Conditions to use Content from the Web Site.  Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.

6.       Links to Other Web Sites

This Web Site may contain links to other sites.  Unless expressly stated, these sites are not under the control of Bite Size limited or that of its affiliates.  Bite Size Limited assumes no responsibility for the content of such web sites and disclaims 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 Web Site does not imply any endorsement or recommendation of the sites themselves or of those in control of them.

7.       Links to this Web Site

Those wishing to place any link to this Web Site from other sites may do so only with prior written permission of Bite Size Limited.

8.       Use of Communications Facilities

8.1    When using the feedback form or forum or any other communication method on the Web Site you should do so in accordance with the following rules:

8.1.1  you must not use obscene or vulgar language;

8.1.2  you must not submit material that is unlawful or otherwise objectionable. This includes, but is not limited to, material that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

8.1.3  you must not submit material that is intended to promote or incite violence;

8.1.4  it is advised that posts on message boards, chat facilities or similar and communications with Bite Size Limited are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;

8.1.5  you must not post links to other web sites containing any of the above types of material;

8.1.6  the means by which you identify yourself must not violate these terms of use or any applicable laws;

8.1.7  you must not engage in any form of commercial advertising.  This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;

8.1.8  you must not impersonate other people, particularly employees and representatives of Bite Size Limited or our affiliates; and

8.1.9  you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”;

8.2     You acknowledge that Bite Size Limited reserves the right to monitor any and all communications made to us or using our System

9.        Accounts

9.1       In order to access Paid Content on this Web Site and to use the on-line training lessons and facilities you are required to create an Account which will contain certain personal details which may vary based upon the type of Account that you choose.  By continuing to use this Web Site you represent and warrant that:

9.1.1    all information you submit is accurate and truthful; and

9.1.2    you will keep this information accurate and up-to-date.

9.2       Sharing of accounts is not permitted unless expressly authorised in writing by Bite Size Limited.  You are required to keep your Account details confidential and must not reveal your Username and Password to anyone. Any breach of this condition may result in immediate termination of the Account. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

9.3      When choosing your Username you are required to adhere to the terms set out above in Clause 8.  Any failure to do so could result in the termination of your Account.

9.4     The User will use their name@company.email.address to access to access the paid for content on the website.  This information must not be shared and Bite Size Limited reserves the right to suspend or terminate an Account if it is being abused.

9.5      Bite Size Limited (as the data processor) warrants that, to the extent it processes the personal data of any Subscriber, Employee and Consultant, it shall comply with the Data Protection Act 1998, the General Data Protection Regulation (including without limitation the processor obligations in Article 28 GDPR) and the Data Protection Act 2018 (once enacted). Bite Size Limited is registered with the Information Commissioner’s Office under registration reference : ZA336747

10.    Subscriptions

10.1   Subscription charges commence on the date that the Subscriber activates its Subscription Fee.

10.2   Your payment will be at the price agreed and signed on the Proposal Document which is in line with the published rate card of Bite Size Limited.  Any discounts will be agreed within the proposal before signature by both parties.  Bite Size Limited reserves the right to change Subscription Fees from time to time on giving the Subscriber at least one months’ notice in writing prior to the end of a Subscription Period. For further information or enquiries on subscriptions and pricing, please contact Bite Size Limited at enquiries@bitesizeltd.com or via our Subscriptions page.

10.3   If the Subscriber terminates its Subscription Fee or Account it will continue to have access to the Paid Content for the remainder of the current Subscription Period until the renewal date after which access will cease unless the Subscriber chooses to pay the Subscription Fee and reactivate its Account.

10.4   If the Subscriber has subscribed in error it must inform Bite Size Limited within 24 hours of subscribing and must not use the Web Site or it’s Content during that time.  If any use can be traced to the Subscriber’s Account, no refund will be provided.

10.5   Unless otherwise provided all Subscription Fees shall be made in Sterling.

11.     Termination

11.1    Notwithstanding anything else contained herein, your Account shall automatically be renewed on each anniversary date and you shall only have the right to terminate your Account by a minimum of 30 days notice prior to the anniversary date and such termination shall only be given by you in writing by recorded delivery which shall be acknowledged and signed for by a duly authorised employee of Bite Size Limited.

11.2    Bite Size Limited may terminate your Account forthwith by notice in writing if:

11.2.1 You shall become subject to receivership, bankruptcy, administration, winding-up, liquidation, dissolution, arrangement with your creditors or any other form of major financial restructuring; or

11.2.2 You have breached these Terms and Conditions.

In the event of termination of your Account due to the reasons in clauses 11.2.1 and 11.2.2 above then you will not be entitled to any refund of your Subscription Fee and you will cease to have access to Paid Content from the date of termination.

12.     Assignment

Bite Size Limited may at its absolute discretion assign or sub-contract any or all of the Service provided to you under these Terms and Conditions of Use.

13.     Disclaimers

13.1    Bite Size Limited makes no warranty or representation that the Web Site 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, or that it will be secure.

13.2    Whilst every reasonable endeavour has been made to ensure that all information provided on this Web Site will be accurate and up to date, Bite Size Limited makes no warranty or representation that this is the case.  Bite Size Limited makes no guarantee of any specific results from the use of its services.

13.3    No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

13.4    Whilst every effort has been made to ensure that all descriptions of services available from Bite Size Limited correspond to the actual services available, Bite Size Limited is not responsible for any variations from these descriptions.

13.5    Bite Size Limited shall not be liable for any failure in the performance of any of its obligations under these Terms and Conditions of Use caused by factors outside its control and in particular Bite Size Limited accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, internet service provider equipment failure, host equipment failure,communications network failure, power failure, natural events, acts of war or legal restrictions and censorship. If such circumstances continue for a continuous period of more than 6 months Bite Size Limited or the Subscriber may terminate the Account by written notice to the other and if terminated by the Subscriber Bite Size Limited shall refund to the Subscriber any unused Subscription Fee paid in advance.

14.      Availability of the Web Site

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.

15.      Limitation of Liability

15.1     Bite Size Limited’s liability for any direct or indirect loss or damage,foreseeable or otherwise, including any indirect, consequential,special or exemplary damages arising out of our breach of these Terms and Conditions shall be limited to the value of a User’s Subscription Fee.For all other direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein, to the maximum extent permitted by law, Bite Size Limited accepts no liability. Users should be aware that they use the Web Site and it’s Content at their own risk.

15.2     Nothing in these terms and conditions excludes or restricts Bite Size Limited’s liability for death or personal injury resulting from any negligence or fraud on the part of Bite Size Limited.

15.3     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.

16.      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.

17.      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.

18.      Notices

Save for any notice of termination given to Bite Size Limited under clause 11.1 above all notices / communications shall be given either by post to our Premises (see address above) or by email to enquiries@bitesizeltd,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.

19.      Headings

The headings to clauses in these Terms and Conditions of Use are inserted for ease of reference only and shall not affect the construction of these Terms and Conditions of Use

20.      Law and Jurisdiction

These terms and conditions and the relationship between you and Bite Size Limited shall be governed by and construed in accordance with the laws of England and Wales and Bite Size Limited and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.