lbq.org Terms of Service
These terms and set out in this document relate to the use of our websites 'lbq.org & learningbyquestions.org' (hereafter also referred to as 'the sites') through user accounts registered as members of a School Account or Individual Time Limited Trial accounts (hereafter also referred to as 'you', 'yours', 'user(s)')
Any agreement to use the sites and any educational resources (hereafter also referred to as 'LbQ resources') published there under is between you and Learning by Questions Limited (hereafter also referred to as 'the Company', 'we', 'our', 'us'). The Company is a private limited company, incorporated in the United Kingdom under company registration number 10240336. The company's registered office is located at; Bowland House, Philips Road, Blackburn, Lancashire, BB1 5NA. To contact us please email firstname.lastname@example.org
Resources and Types of User Account
- LbQ resources are intended to support the teaching of children of primary and secondary age and are provided on an "as is" basis and subject to the disclaimers set out below. LbQ resources are described as any item of digital media or composites of such items provided by the Company via the sites or elsewhere, including but not limited to, video, interactive media, documents, sounds, written questions, photographs, logos and illustrations.
- To use an LbQ resource you must be online. LbQ resources are not available for local storage and retrieval except to the extent the sites require your computer or other device to temporarily cache those resources.
- Time Limited Trial account: Each account is a personal, non exclusive, non transferable right of access to a selection of the resources for a limited period as detailed on the website at time of registration and commencing from the date of registration. Access to the sites and LbQ resources under a Time Limited Trial account is intended to facilitate a fair assessment of the potential of the site. In certain instances we may partially restrict, without notice, your access to the sites in order to maintain service levels to users with other types of account.
- School Accounts: are non exclusive, non transferable right of access for the number of users specified in a Subscription Agreement to the resources identified in that agreement for the period identified in that agreement. We reserve the full editorial control over LbQ resources and reserve the right to make changes to the look, feel and functionality of our resources and sites. Including but not limited to, the content of our resources (whether singular or composite), the method of display and delivery, and the right to remove, temporarily or permanently, certain resources at our sole discretion and without prior notice.
Your Account Details
- If a request for an account is accepted, the user (user(s) in the case of School Accounts) will be responsible for maintaining the confidentiality of their online account and password, restricting access to devices connected to the sites and/or preventing unauthorised access to the account. The user agrees to take responsibility for all activities that occur while logged in to the site under their account. Full details of the data we require to create your account and how we process data to deliver our services via the sites can be found in our Privacy Notice at /Privacy-Notice.
Licence and Acceptable and Prohibited Use of our Content and Website(s)
- The content, layout, design, data, databases and graphics on our websites are protected by UK and other international intellectual property laws and are owned by the company. Unless expressly permitted in writing, or as otherwise permitted by virtue of these terms, no part of the website may be reproduced, stored in any medium, including but not limited to a retrieval system or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording, broadcasting) nor shown in public.
- Reproducible material. On the understanding that it is strictly for your personal, non-commercial, educational use you are permitted under the terms of the licence to print and copy certain documents on the site. Your right to copy documents extends only to those documents classified on the website as 'Question Sets' and you may only do so for use in your classroom or to set as home work for the pupils you normally teach or children normally in your care. You may also print (strictly for your personal, non-commercial, educational use) documents downloadable from the website or pages of the website whose express purpose is indexing the content of the website or providing technical guidance as to the correct use of the website.
- You may not create any derivative work or make any other adaptation, without our prior written consent. Except as specifically facilitated by the sites functionality or otherwise permitted in this document, you may not:
- modify or create any derivative works of the Software or documentation, including translation or localization;
- separate composite resources, which are licensed as single entities, into their component parts;
- reverse engineer, decompile, or disassemble or otherwise attempt to derive any source code for the resources (except to the extent applicable laws specifically prohibit such restriction);
- redistribute, encumber, sell, rent, lease, sublicense, use the resources in a timesharing or service bureau arrangement, or otherwise transfer rights of access to any of the resources.
- Any request for permission to use our content or images, or other use of our intellectual property not authorised under a this document, should be made using the 'contact us' details on the sites.
- You must not use the website in any way that causes or is likely to cause the sites or access to it to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and contents sent from your computer to us. You must use the website for lawful purposes only. You must not use the website for any of the following:
- Fraudulent purposes in connection with a criminal offence or otherwise unlawful activity.
- To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, trojans, worms, time bombs, keystroke loggers, spyware, adware or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, political campaigning, commercial solicitation, chain letters, mass mailings or any spam. To cause annoyance, inconvenience or needless anxiety.
- Our sites contain links including hyperlinks which may take you to other websites. Links are provided for your convenience and an inclusion of any link does not imply endorsement or approval by us of the linked website, its operator or content. We have no control over the contents or functionality of those sites and accept no responsibility for any loss or damages that may arise from your use of them.
- You may link to the sites. You may not provide a link which suggests a form of association, approval or endorsement on our part, unless we have expressly agreed to this in writing. We reserve the right to withdraw any linking permission upon notice to you or by amending these terms and conditions.
- Our full Privacy Notice is set out on the website at /Privacy-Notice. Please note that a session-based cookie is used throughout the site to link to data that we store about you on our servers whenever you are logged on to the sites. If you turn off cookies, you will be unable to access many features of the sites.
Disclaimers and Limitations of Liability
- General disclaimers. We try and ensure, but cannot give any warranty, that our websites are available for use 24 hours per day, seven days per week other than for short periods of scheduled downtime. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds should our sites become unavailable or access to a site becomes slow or incomplete due to system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our website inaccessible to you. Should there be persistent and prolonged periods of inaccessibility caused by us or our contractors (and excluding by reasons of Force Majeure events) the maximum we will be liable to you for is a pro rata amount of any payment you have made to us proportionate to the period you were not able to access the sites, or an extension to the duration of your initial period of access equivalent to the period you were not able to access the sites.
- To the fullest extent permitted by law, the material and information displayed on our website and within our resources is provided "as is", without any guarantees, conditions or warranties as to accuracy.
- It is the user's responsibility to satisfy themselves that internet connection, computer hardware and software is able to access and display the resources to their satisfaction before using the site.
- Limitation of Liability
- TO THE FULLEST EXTENT PERMITTED BY LAW, the company EXPRESSLY EXCLUDES:
- ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY;
- ANY LIABILITY CAUSED BY A FORCE MAJEURE EVENT;
- ANY OBLIGATION OF EFFECTIVENESS OR ACCURACY; AND iv. OTHER THAN AS SET OUT BELOW, ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY YOU IN CONNECTION WITH THIS AGREEMENT, INCLUDING BY YOUR USE OR INABILITY TO USE ANY INFORMATION ON OUR WEBSITE, VIA ANY WEBSITES LINKED TO OUR WEBSITE(S) AND ANY MATERIAL POSTED ON IT, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, WASTED TIME AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWSOEVER AND WHETHER CAUSED BY TORT INCLUDING NEGLIGENCE, BY BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. NOTHING IN THIS PROVISION AFFECTS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE NOR FOR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR MISREPRESENTATION AS TO A FUNDAMENTAL MATTER NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW. THESE PROVISIONS DO NOT AFFECT ANY APPLICABLE STATUTORY RIGHTS. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT (OR ANY OTHER AGREEMENT BETWEEN YOU AND US), WE SHOULD HAVE ANY LIABILITY FOR ANY LOSS, HARM OR DAMAGE, YOU AND WE AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE FEES YOU HAVE PAID TO US. YOU AND LC Ltd AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US AND REFLECTS THE FEES, IF ANY, WE CHARGE YOU TO USE OUR RESOURCES.
Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to the sites, policies, and these terms and conditions at any time. You will be subject to the general policies and conditions in force at the time that you use the website, unless any change to those policies or these conditions is required to be made by law or government authority (in which case those changes will apply retrospectively). If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and the closest enforceable substitute (if possible) will be included and the excluded clause will not affect the validity and enforceability of any remaining conditions.
Events Beyond our Reasonable Control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control including reasons of Force Majeure which shall include (but are not limited to) any default due to an act of God, war, or threatened war, act of terrorism or threatened act of terrorism, strike, lockout, individual action, fire, flood, drought, tempest or other event beyond the control of either party. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Third Party Rights Exclusion
No party, who is not party to any contract which may be entered into by us, may enforce the terms of that contract and therefore we hereby exclude the operation of the Contracts (Rights of Third Parties) Act 1999.
- If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable. In case of controversy or inconsistency between translations of these Terms to other languages, the English version issued by Learning by Questions Ltd shall prevail.
- The failure or delay of the Company to exercise or enforce any right in these terms does not waive the Company's right to enforce that right.
Governing Law and Jurisdiction
To the fullest extent permitted by law, these terms and conditions and any issues arising, shall be governed and construed in accordance with the laws of England, whose courts shall have exclusive jurisdiction.