Terms and Conditions
THIS LEGAL NOTICE APPLIES TO THE ENTIRE CONTENTS OF THE WEBSITES UNDER THE SOLE OR JOINT CONTROL OF TRYLIFE LTD AND TO ANY CORRESPONDENCE BY EMAIL BETWEEN US AND YOU. PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY OF THE WEBSITES LISTED HERE. USE OF THESE WEBSITES INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE. THESE TERMS AND CONDITIONS ARE ISSUED BY TRYLIFE LTD.
These terms and conditions (“Terms and Conditions”) may be updated by us from time to time without notice to you.
Your continued use of the service or the website after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any new Terms and Conditions, do not use or access (or continue to use or access) the service or the websites.
You should print a copy of these Terms and Conditions for future reference.
PART 1 – Terms and Conditions for all users
These are the Terms and Conditions that apply to use of all websites under the Try brand.
And the website from which these Terms and Conditions were accessed from (the “Websites").
Who we are
These Websites are brought to you by TryLife Ltd of Brick Works, Hannington Street, Ouseburn, Newcastle Upon Tyne, NE6 1JT ("TryLife"). TryLife is registered in England and Wales under company number 07551642. References to "we", "our" and "us" are references to TryLife.
TryLife currently provides users with access to various online services and resources including forums and specialist content through its network of Websites (the "Service"). Unless explicitly stated otherwise, any new features of the Service and any Contract, Purchase Contract, Subscription or Scheme will be subject to these Terms and Conditions.
Eligibility and supervising children
Certain aspects of the Service may require you to register and provide information about yourself. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data (by emailing us) to keep it true, accurate, current and complete.
TryLife is concerned about the safety and privacy of all its users, particularly children. For this reason, parents or teachers who wish to allow their children or pupils access to the Service should assist them in setting up any relevant accounts and supervise their access to the Service. By allowing your child access to the Service, he/she may be able to access various services including forums. As you will see below, TryLife does not pre-screen content posted to these pages of the Website and as the legal guardian, it is therefore your responsibility to determine whether any of the Services and/or content are appropriate for your child or pupil.
If you enter into any Contract, Purchase Contract Subscription or Scheme on behalf of an Institution or a company you hereby represent, warrant and undertake that:
- you have all necessary power and authority to enter into and perform its obligations under these Terms and Conditions;
- you have taken all requisite corporate and other action to approve the entering into and performance of these Terms and
- Conditions and shall provide evidence of that action to TryLife on request; and
once agreed and accepted, these Terms and Conditions will constitute legal, valid and binding obligations on it.
An “Institution” shall mean any educational establishment that provides teaching and learning curriculum as its core functional remit and existence such as, but not limited to, schools, Local Authorities, School Groups, FE Colleges and HE universities that have chosen to use the Services brought to you by TryLife.
Member account, password and security
The Internet is not a secure medium. However, TryLife will endeavour to protect all personal information collected through the Website in accordance with strict data protection standards.
The registration processes on the Websites may involve you giving a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify TryLife of any unauthorised use of your password or account and any other breach of security, and (b) ensure that you exit from your account at the end of each session. TryLife cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation.
Our forums, resource bank and any pages of the Websites where you are capable of posting material are provided for the exchange of lawful, relevant, fair and appropriate information, opinions, materials and comment. You acknowledge that all information, data (including registration data), text, software, music, sound, photographs, graphics, video, messages and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. TryLife accepts no responsibility for, and does not guarantee, the accuracy, integrity or quality of any Content placed on our online forums by you or any third party.
You acknowledge that by using the Service, there is a risk that you may be exposed to Content that you may find offensive, indecent or objectionable. Please see the section below titled “Content Objections” for details of how to report such Content.
If you breach these Terms and Conditions, you should be aware that a party aggrieved by the uploading of any content which is, inter alia, defamatory or in breach of copyright, may take action and that this could result in registration data and other data concerning your identity being disclosed and you having to pay compensation to the person or company aggrieved.
You agree to not use the Service to:
upload, post, email, PM (personal message) or otherwise transmit any Content that is unlawful, harmful, objectionable, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise discriminatory;
- harm or attempt to harm minors in any way;
- impersonate any person or entity, including, but not limited to, a TryLife staff member, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any Content that infringes any patent, trade mark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
- upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable law or regulation;
- collect or store personal data about other users;
- post content which refers to individual schools, colleges or agencies - or their staff - whether by name, or identifiable by a pseudonym or any other means; and/or
- advertise any job vacancies in any area of our forums (other than through a Website which is clearly designated as a recruitment service).
You acknowledge that TryLife does not pre-screen Content that you post on the Websites, but that TryLife and people designated by it shall have the right (but not the obligation) to monitor communications that occur through, and posts made to, the Websites. If TryLife determines, in its sole discretion, that you or another user have breached these Terms and Conditions or that any Content is inappropriate or otherwise objectionable, TryLife may refuse to accept or may remove any Content from the Websites, without any liability to you or a third party.
You agree to indemnify, defend and hold TryLife and its affiliates harmless from and against any and all liability, losses, costs, claims and expenses incurred directly or indirectly (including reasonable attorneys’ fees) incurred in connection with or arising out of your violation of these Terms and Conditions, any applicable law or regulation or the rights of any third parties related to the use of the Content, our Websites, Service and tools. This indemnity includes both any liability to third parties, and other costs and losses incurred by TryLife.
Special warning for international use
The Websites are designed to be compliant with applicable UK laws and regulations.
Rights in posted content
With respect to all Content you post on the Websites, you grant TryLife a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. With respect to all Content you post to the Websites, you hereby waive any moral rights you have in the Content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to TryLife, including the execution of deeds and documents, at our request.
You represent and warrant that you own or otherwise control all of the rights to the Content and can grant the rights set out above. You represent, warrant and undertake that: (i) use of the Content will not infringe the rights of any third parties (including that the Content or material is not defamatory); and (ii) you have obtained all rights and consents that are necessary for you to provide the Content; and (iii) you will immediately remove and notify us of any Content that does not does not comply with these Terms and Conditions or may infringe the rights of third parties. You agree to indemnify TryLife and its affiliates for all claims brought by a third party against TryLife or its affiliates in respect of infringement of that third party’s intellectual property rights or arising out of or in connection with a breach of any of these warranties.
If you object to anything on this Website, please let us know by appropriately worded email to email@example.com and we will take whatever action we deem appropriate.
General practices regarding use and storage
You acknowledge that TryLife may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that message board postings or other uploaded Content will be retained. You agree that TryLife has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that TryLife reserves the right to de-activate accounts that are inactive for an extended period of time. You further acknowledge that TryLife reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Modifications to service
TryLife reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TryLife shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that TryLife, in its sole discretion and without liability to you or any third party, may suspend or terminate, with or without notice, the Websites and/or the Service or any part of it or any of your passwords or accounts (or any part(s) thereof or related files and information) within the Service, and may remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if TryLife believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Where there is a breach of these Terms and Conditions, the rights described in this paragraph are not TryLife’s only remedy and TryLife may take any other action we reasonably deem appropriate in connection with such breach.
Dealing with advertisers and merchants
Your dealings with advertisers, merchants and any other third party found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. To the fullest extent permitted by applicable law, you agree that: (a) TryLife shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the Service or the Websites, and (b) any orders placed by you on, and any product specifications and product availability appearing on, the Service or the Websites are subject to confirmation by, and are supplied subject to the terms and conditions of business of, the relevant merchant.
Links to other websites or resources
The Service may provide, or third parties may provide, links to other websites or resources. Because TryLife has no control over these sites and resources, you acknowledge and agree that TryLife is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TryLife shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Use of TryLife Material
All articles, information and other materials presented on this website are subject to copyright, trade mark right and/or other intellectual property right owned by or licensed to TryLife. You are prohibited from reproducing, extracting, providing links to or otherwise communicating or making available to third parties any part of the content of this website without TryLife’s written consent. You acknowledge that, by making use of this website, you are agreeing to comply with this prohibition and that any breach thereof is likely to result in legal proceedings being issued against you.
TRYLIFE's proprietary rights
TryLife is the owner or the licensee of all copyright, trade mark right and/or other intellectual property rights in the Websites and the Service (including any Content made available through the Websites and/or the Service and the underlying source code) that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by third party copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Use of TRYLIFE Material
TryLife grants you a personal, non-transferable and non-exclusive right and licence to use the Websites and the Service for their intended purpose subject to your compliance with these Terms and Conditions. This licence does not include the right to collect or use information contained on the Websites for any purpose not specifically listed in these Terms and Conditions, to compete with TryLife, to create derivative works based on the Content of the Websites, or download or copy the Websites (other than page caching). If you use the Website in a manner that exceeds the scope of this licence or you breach these Terms and Conditions, TryLife may revoke the licence granted to you.
You are prohibited from reproducing, copying, modifying, renting, leasing, loaning, selling, distributing, exploiting, extracting, providing links to, creating derivative works of or otherwise communicating or making available to third parties any part of the Content of this Website or the Service without TryLife’s prior written consent.
You acknowledge that, by making use of this Website, you are agreeing to comply with this prohibition and that any breach thereof is likely to result in legal proceedings being issued against you.
You expressly acknowledge and agree that:
- Your use of the Service is at your sole risk. TryLife has made every effort to ensure that the Content on the Websites and made available through the Service is accurate and up-to-date and correct at the time of publication. However, the Websites and the Service are provided on an 'as is' and 'as available' basis. We do not guarantee the accuracy, timeliness, completeness or fitness for purpose of the Content provided on the Websites or through the Service or that use of the Websites will be uninterrupted, virus free or error-free. No responsibility is accepted by or on behalf of TryLife for any errors, omissions or inaccurate information on the Websites or available through the Service.
- The Content on the Websites and made available through the Service is for general information only and is not intended to, nor does it, constitute legal or other professional advice or services or a recommendation to purchase any product or service upon which a specific decision should be made. The information, Content of the Websites and Service do not address your particular circumstances and accordingly you should not rely upon the Content of the Websites or the Service as a substitute for proper professional advice.
- TryLife is not responsible for how the Content on the Websites or available through the Service is used, is interpreted or what reliance is placed on it. We do not accept any responsibility for the results of any action taken on the basis of the information provided on the Websites or available through the Service.
- Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from TryLife shall create any warranty or other obligation not expressly stated in these Terms and Conditions.
You acknowledge that any Confidential Information (as defined below) which you obtain through the entering into of these Terms and Conditions and the use of the Service constitutes the valuable, confidential, proprietary information of TryLife and its licensors, and you agree that during the term of your use of the Service and thereafter you shall not, without our express written consent, use or disclose to any other person any such Confidential Information, except as specifically authorised under these Terms and Conditions or as required by applicable law.
For the purposes of these Terms and Conditions, "Confidential Information" means any and all data, information, documents, software or materials relating to the business and management of TryLife, its users and members, affiliates, licensors or licensees, that is designated as confidential or ought reasonably to be considered confidential, including but not limited to: their business model and operations, processes, products, designs, pricing, promotions, business plans, business opportunities, finances, research, development, know-how, trade-secrets, training materials, personnel, clients, methodologies, Website Content belonging to others and other intellectual property.
Limitations of Liability
TryLife’s liability to you in contract, tort (including negligence) with regard to these Terms and Conditions, use of the Websites and/or any Service shall be limited the greater of: (a) £150 and (b) the price paid by you to TryLife under any Contract during the 3 months preceding the event giving rise to the claim.
You expressly acknowledge and agree that TryLife shall not be liable for any indirect, incidental, special, consequential or exemplary damages, nor for direct or indirect loss of profits revenue, business, anticipated savings, goodwill, opportunity, reputation, business interruption, use, data or intangible losses even if TryLife has been advised of the possibility of such damage.
Nothing in these Terms and Conditions shall affect the statutory rights of any consumer or exclude or restrict any liability for fraud or for death or personal injury arising from the negligence of TryLife.
Events outside of our Control
TryLife will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions or any Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
TryLife’s performance under any Terms and Conditions or any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance during that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Terms and Conditions or any Contract may be performed despite the Force Majeure Event.
If you have any complaints about the Websites, we want to hear from you so we can improve our service. Please e-mail us firstname.lastname@example.org and we'll consider your comments carefully.
These Terms and Conditions constitute the entire agreement between you and TryLife and govern your use of the Service, superseding any prior agreements between you and TryLife. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our relationship with you is subject to English law and the exclusive jurisdiction of the English courts. Any failure by TryLife to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.
To the extent that TryLife is processing any personal data on your behalf as a data processor, TryLife shall:
- implement and maintain appropriate technical and organisational measures to protect the personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected.
- process the personal data only in accordance with your instructions (which may be specific instructions or instructions of a general nature as set out in these Terms and Conditions or as otherwise notified to us).
To the extent that TryLife as a data controller transfers personal data to you, you represent, warrant and undertake that:
- you will have in place appropriate technical and organisational measures to protect the personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected;
- you have no reason to believe that any local laws are in existence that would have a substantial adverse effect on the guarantees provided for in these Terms and Conditions, and that it will promptly inform TryLife if it becomes aware of any such laws;
- you will identify a contact point authorised to respond to enquiries concerning processing of the personal data, and will cooperate in good faith with TryLife, the data subjects and the UK Information Commissioner concerning all such enquiries within a reasonable time; and
- you will process the personal data in accordance with the data processing principles set forth in the Data Protection Act 1998.
To the extent that you as data controller transfers personal data to TryLife, you represent, warrant and undertake that:
- the personal data provided to you has been collected, processed and transferred in accordance with English law; and
- you shall respond to enquiries from data subjects and the UK Information Commissioner concerning the personal data transferred to you.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any goods or services you offer on any of our Websites.