Please read these Terms and Conditions of Use ('Terms') carefully before using www.Club106.org ('the Web site'). These Terms apply to all users of this Website including casual browsers.

1. Terms applying to all users of the Club106 website.

Please read these Terms and Conditions of Use ('Terms') carefully before using www.club106.org ('the Website'). Additional terms and conditions apply if you enrol on a course. These will be drawn to your attention on registration or enrollment as applicable.

In these Terms, 'we', 'us' and 'club 106' means : Club 106 Community Project, which is the owner of this Web site and the Club 106 trademark and brand, and 'you' means the user of this Webs ite. We reserve the right to withdraw all or part of the Website at any time.

You acknowledge that you are responsible for making back-up copies of all your data and taking appropriate precautions against viruses, hacking and other types of computer misuse.

Whilst we try to ensure that the Website does not contain any error, defect, malfunction or corruption, we do not accept responsibility for any damage to or loss of data on your computer system, network or server that results from the download or use of the Web site or any materials made available via the Web site (except for death or personal injury caused by our negligence).

We cannot promise that access to the Web site will be uninterrupted or error free. We reserve the right to suspend access to the Website between the scheduled maintenance window of approximately 00.00 and 01:00 GMT each day. There may also be occasions when access to the Website is interrupted for emergency maintenance or repairs or to carry out upgrades to improve the performance or functionality of the Website. Access may also be interrupted due to failures of telecommunications links and equipment, which are beyond the control of Club106.

You accept that you will not have a claim for breach of contract (either against us or your Club 106 provider) or otherwise in respect of such period of unavailability. You also acknowledge that we cannot be held responsible for any delay or disruptions that are inherent in the operation of the Internet and the World Wide Web, including viruses.

We shall not be liable to you for any of the following types of loss or damage arising out of or in connection with your use of the Web site or any or content and/or facilities provided via the Website :

• any loss of profits, loss of earnings, loss of anticipated savings, goodwill or revenue;

• any loss or corruption of data; or

• any indirect or consequential loss.

The exclusions and limitations of liability contained in this section do not apply to :

• any loss or damage resulting from death or personal injury caused by our negligence;

• loss or damages arising from our fraudulent misrepresentation; or

• any other losses which may not be excluded or limited by law.

Each provision of this Paragraph shall be construed separately as between you and us. If any part is held by a court to be unreasonable, inapplicable or unenforceable, then the other parts shall still apply.

The receipt of the services is personal to you and you may not transfer your rights to access the course materials or to receive the services to another person unless we have consented in writing to you doing so.

If any provision of these Terms becomes void or otherwise unenforceable in whole or in part, the validity of the remainder of these Terms shall not be affected.

If either we or you fail to enforce, or delay in enforcing, any of our respective rights or remedies under these Terms, such failure or delay shall not operate as an agreement to waive that right or remedy, and shall not prevent us from exercising that right or remedy in the future.

These Terms are governed by and shall be construed in accordance with English law. Any dispute arising between us under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English courts.

2. Purpose of the Website

The purpose of the Website is to provide individuals and businesses with information on the range of courses, centres, products and other services offered by or via Club 106 including enrollment in England, Wales and Northern Ireland.

Please note that the courses advertised on this Website are provided by Club 106  itself.

3. Copyright

4. Third Party Links

Club 106 may provide links to third-party websites from time to time. This may include links to sites owned by associated companies of Club 106. These third-party links are provided for your convenience only and are accessed at your own risk. Club106 is not responsible in any way for the content of any third party website or for goods or services provided by the operators of such websites.

5. Amendments to the Terms

We reserve the right to amend these Terms from time to time. When we make a change we will update this page of the Website. The date of the last revision to these Terms is provided at the end of this page. We recommend that you revisit this page from time to time to ensure that you are aware of any changes that we have made to these Terms.

6. Terms Applying if you join Club106 as a Member

Please read Part B carefully before registering as a member of Club106 via the Website. These Terms govern the process of registering as a member of Club106 and the use of the facilities provided to Club106 members.

7. Registration

To register as a member of Club106 you must usually be at least 16 years old unless a special exception has been made in advance. You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete and you agree that you will ensure it is kept accurate and up to date at all times.

We may refuse to accept your application to register as a member of Club106 for any reason in its absolute discretion.

8. Club 106 I.D.

When you register as a member of Club106 you will be given a Club 106 I.D. number. As you will be responsible for all activities that occur under your ID number, you should take care to keep it confidential. You must notify us immediately of any unauthorised use of your ID number or if you believe that your ID number are no longer confidential. We reserve the right to change your ID number if we believe that it is no longer secure.

If you do not log on to Club106 as a member for a period of 90 days or longer your ID number will expire. To regain access you will need to change your ID number.

9. Availability of the Web site

We use reasonable endeavours to ensure that the Web site is available 24 hours a day 7 days a week. We reserve the right to suspend access to the Web site between the scheduled maintenance window of approximately 00:00 and 01:00 GMT each day. There may also be occasions when access to the Web site is interrupted for emergency maintenance or repairs or to carry out upgrades to improve the performance or functionality of the Web site. Access may also be interrupted due to failures of telecommunications links and equipment which are beyond the control of Club106.

10. Technical Support

We provide technical support to learners who have enrolled on a Club106 course. Requests for technical support from such learners will be routed to the Club106 helpline outside of the opening hours of the relevant Club106 provider. We use reasonable skill and care in providing such technical support and will use reasonable endeavours to ensure that this service is available but cannot guarantee uninterrupted availability. If learners require technical advice they should always contact Club106 in the first instance.

You acknowledge and accept that periods of downtime may be required in respect of the Club106 IT infrastructure in the circumstances outlined in these Terms (dealing with unavailability of the Web site) and that technical support may not be available during such periods of downtime. You accept that you will not have a claim for breach of contract  or otherwise in respect of such period of unavailability.

Subject to Paragraph 12, we exclude all other warranties, express or implied, as to the performance and availability of the technical support service, except as expressly stated in these Terms and Conditions. We do not guarantee that the technical advice provided by us will resolve your technical problems.  If you decide to avail of such technical advice, you should ensure that such advice is strictly followed. If the technical advice provided by us does not resolve your technical problem, you will have a number of options under your contract with your Club106 provider as outlined in Paragraph 15.

11. Liability

We shall not be liable to you for any of the following types of loss or damage arising out of or in connection with your use of the website or other services provided via the website:

• any loss of profits, loss of earnings, loss of anticipated savings, goodwill or revenue;

• any loss or corruption of data; or

• any indirect or consequential loss;

The maximum aggregate liability of Club106 for all claims, whether made in contract, tort under statute or otherwise (including in each case negligence) which are not otherwise excluded under these Terms ("Claims") shall be limited to £100 in respect of one incident or series of incidents arising from a common cause in each 12 month period commencing with the date that you became a member of Club106, provided that the maximum aggregate liability of Club106 for all Claims arising as a direct result of technical advice provided by us shall be subject to the monetary cap on liability set out on Part C of these terms.

The exclusions and limitations of liability contained in this section do not apply to:

• any loss or damage resulting from death or personal injury caused by our negligence;

• loss or damages arising from our fraudulent misrepresentation; or

• any other losses which may not be excluded or limited by law.

Each provision of this Paragraph shall be construed separately as between you and us. If any part is held by a court to be unreasonable, inapplicable or unenforceable, then the other parts shall still apply.

12. General

Subject to the terms of any agreement we conclude with you if you enroll on a course via the Web site, we reserve the right to withdraw all or part of the Web site at any time.

These Terms are governed by and will be construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English Courts.

We reserve the right to amend these Terms from time to time. When we make a change we will update this page of the Web site. The date of the last revision to these Terms is provided at the end of the Terms. We recommend that you revisit this page from time to time to ensure that you are aware of any changes that we have made to these Terms. If you continue to use the Web site or other services provided to members of Club106, you will be deemed to have accepted those changes.

13. Terms Applying if you Enroll for a Club106 Course

These Terms and Conditions ('Terms') apply to the provision of courses advertised on www.Club106.org (the 'Web site') or in a Club106 centre ('Club106 centres'). Please read these Terms carefully before enrolling on a course.

For the purposes of these Terms:

• 'we' and 'us' means the Club106 provider who will provide the Services to you. The Services are provided by the Provider and not by Club106. When you enroll on a course the Club106 provider will be the person who operates that Club106 centre to which you pay your Course Fee.

• 'you' means the learner receiving the Services;

• 'enroll' means the process of enrolling for a course and the term "enrolment" shall be construed accordingly. When you enrol this will involve you completing the relevant application forms;

• 'Services' means (i) the provision of the Course Materials in electronic format via the Website unless you have requested that the Course Materials be provided in paper or other format where that option applies; and (ii) the provision of tutorial and other support;

• 'Course Materials' means the materials required to complete the Course; and

• 'Course Fee' means the fee payable for the provision of the Services.

14. Provision of the Services

We will provide you with online access to the Course Materials once you have enrolled. 

Club106 also provides technical support to learners during office hours only (Monday - Friday 9am - 5pm). Club106 will use reasonable skill and care in providing any technical support and will use reasonable endeavours to ensure that technical support is available to you. However, we can not guarantee uninterrupted availability of technical support.

You acknowledge and accept that periods of downtime may be required in respect of the Club106 IT infrastructure in the circumstances outlined in these Terms (dealing with unavailability of the Web site) and that technical support may not be available during such periods of downtime. You accept that you will not have a claim for breach of contract in respect of such periods of unavailability.

Subject to Paragraph 20, we exclude all other warranties, express or implied, as to the performance and availability of the technical support service, except as expressly stated in these Terms and Conditions. We do not guarantee that the technical advice provided by us will resolve your technical problems. 

Tutorial support will be provided on a first-come first-served basis. Tutorial support  will be available via phone or videophone during the office hours stated above.

15. Your Right to Cancel the Course

Once you have enrolled for a Course, if you decide that you wish to cancel your enrolment, you may do so provided that:

• you notify Club106 that you wish to cancel your enrolment; and

• during those 7 days, you have not accessed the Course Materials or obtained tutorial support.

16. Quality of the services

We will use reasonable skill and care in the performance of the services. We will provide the services in accordance with the course description which is set out on the Web site.

Club106 uses reasonable endeavours to ensure that the Website is available 24 hours a day 7 days a week. Club106 reserves the right to suspend access to the Web site between the scheduled maintenance window of approximately 00:00 and 01:00 GMT each day. There may also be occasions when access to the Web site is interrupted for emergency maintenance or repairs or to carry out upgrades to improve the performance or functionality of the Web site. Access may also be interrupted due to failures of telecommunications links and equipment which are beyond the control of Club106.

We do not make any commitment to you that the content of the services will meet any specific requirements that you have and we expect you to take reasonable care to verify that the course in question will meet your needs. Further, we do not make any commitment to you that you will obtain any particular result from your receipt of the services or that you will obtain any particular qualification from your receipt of the services. 

All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permissible at law.

17. Payment by you of the Course Fee

We reserve the right from time to time to change the amount of the Course Fee. The current Course Fee for any course at any given time will be displayed on the Web site. In the unlikely event that due to a technical error, the amount of the Course Fee is incorrect, we will notify you as soon as we reasonably can. You will then be entitled to choose between receiving a refund of the monies that you have paid to us (in which case you will not be enrolled on the course) or to pay the balance of the Course Fee to us.

18. Our Rights to Stop Providing the Services to You

If you are an on-line learner, we will make the Course Materials available to you via the Web site from Enrolment until the earlier of:

• your notifying us in writing, by email or by telephone that you have completed the course and no longer require access to the Services; or

• your failing to access the course materials for a period of 180 days or more.

On the occurrence of the earlier of the events above, we will suspend your access to the Course Materials. If you wish to subscribe for the Services after your access to the Course Materials has been terminated, you will need to enrol again.

We reserve the right to stop providing the Services to you immediately in the event that:

• you fail to comply with Section 21 of these terms which deals with the manner in which you are permitted to use the course materials and the Website; or

• you fail to conduct yourself in an appropriate manner when communicating with or receiving support from us or when attending any Club106 centre. By this we mean that you act in such a way as to threaten, intimidate or otherwise harass our staff, or that your conduct is violent or threatens the physical safety of either our staff or any other person at a Club106 centre; or

If we exercise this right we will notify you via email or your chosen route. We will then immediately suspend your access to the Course Materials.

19. Complaints

In the event that you are not satisfied with any aspect of the services, please contact us and we will endevour to resolve the situation.

20. Our Liability to You

The exclusions and limitations of liability contained in these Terms do not apply to:

• any loss or damage resulting from death or personal injury caused by our negligence;

• loss or damages arising from our fraudulent misrepresentation; or

• any other losses which may not be excluded or limited by law.

We shall not be responsible to you in the event that we cannot provide the Services to you due to an event beyond our reasonable control, which includes (but is not limited to) events such as, fire, flood, storm, strikes or other industrial action, failure of telecommunications services, war, riot, or the actions of any government or public body. In the event that we are prevented from providing the services by such an event, we will take all reasonable steps to try to reinstate the provision of the services to you as soon as is reasonably practicable.

In no event shall we be responsible to you for any loss of profit, loss of earnings, loss of anticipated savings, loss of revenue or loss of goodwill that you may suffer. Further, in no event shall we be liable to you for any indirect or consequential loss that you may suffer.

We are not responsible to you for any data that you lose either (a) as a result of accessing the Course Materials; or (b) during completion of any course via the Web site. It is your responsibility to ensure that you regularly save and back up (i) all data which you hold on the computer from which you are accessing the course materials, and (ii) all data that you are inputting when completing the course.

Except where the above applies, our maximum aggregate liability to you for any claim that you may have against us under or in connection with the provision by us to you of the services which is not otherwise excluded in these Terms (including without limitation where such claim arises as a direct result of any negligent technical advice provided by us and/or by Club106) shall be limited to the amount of the course fee which has been paid or is payable by you or on your behalf (before such course fee is reduced by the amount of any public funding for which you are eligible).

Each provision of this paragraph shall be construed separately as between you and us. If any part is held by a court to be unreasonable, inapplicable or unenforceable, then the other parts shall still apply.

21. Your Right to Use the Course Materials and your Related Obligations

In consideration of receipt by us of the course fee, we grant to you a non-exclusive, non-transferable license for you to use the Course Materials for the sole purpose of non-commercial home, work or Club106 centre use in connection with the receipt of the Services. As such, you may make copies of the Course Materials as they appear on the Web site as necessary incidental acts during your viewing of it, and you may print for your personal use so many pages of the Course Materials on the Web site as are reasonable for private purposes. You may not makes copies of any Course Materials supplied to you in hard copy format.

Save as expressly set out in these Terms, you may not modify, copy, reproduce, re-publish, upload, post, transmit or distribute in any way any of the Course Materials. Any use of the Course Materials not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of either our copyright or our other intellectual property rights, and / or the copyright or other intellectual property rights of our licensors.

22. Chatrooms and Message Boards  

Club106 offers chatroom and message board facilities via: www.myspace.com/myclub106 to all learners who have enrolled on a course. This enables you to post comments on and discuss both the content and service provided on the Website, the courses offered via the Web site and the general learning experience with your fellow learners, members and tutors. For the avoidance of doubt, any comments or materials that you post on any area of the web site are subject to this paragraph.

Club106 provides its chatroom, message board and Paging facilities to you free of charge. As a consequence of this Club106 does not make any guarantee as to the availability, performance or continued provision of these services and reserves the right to modify or to terminate the provision of all or any of these services at any time. Club106 also reserves the right to establish general rules and limits concerning use of its chatroom, message board and Paging facilities. We shall notify you via these terms and conditions if we amend any such rules or limits.

You agree that we and Club106 have no responsibility or liability for the deletion or failure to store any messages or other communications that you send or receive using our chatroom message board or Paging facilities.

You acknowledge that you are solely responsible for any content or other materials that you send or post to the chatroom, message board or Paging facilities or any part of the Website and that all message boards are moderated by Club106 and that Club106 reserves the right to remove any message which is inconsistent with our aim of promoting an inclusive environment. All chat sessions are logged and any complaints will be investigated by Club106. You agree not to use the chatroom, message board or Paging facilities or any part of the Web site:

• for any unlawful purposes;

• to transmit or communicate any material which is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful (particularly to minors), an invasion of privacy, defamatory, libellous, vulgar or otherwise objectionable;

• to transmit or communicate any material which infringes our or any other person's copyrights, trade marks, patents, moral rights or other intellectual property rights of any nature;

• for commercial purposes including without limitation the publishing or circulation of any promotion, or advertisement, or the solicitation of funds or the sale or supply of goods or services;

• to transmit or communicate any material which is likely to have a detrimental effect on our or any other person's reputation;

•  to transmit or communicate any unsolicited or unauthorised materials, chain letters, junk mail or spam;

•  to transmit any material which is likely to cause harm to Club106 or anyone else's computer systems, including but not limited to any virus, code, worm, data or other routine purposely designed to damage or cause any defect, error, malfunction or corruption to any computer system;

• to transmit or communicate any material in breach of the Computer Misuse Act 1990;

• to impersonate or falsely state or misrepresent your association with any entity or person including without limitation Club106, the Club106 centres, tutors, members or other learners;

• to obtain, collect or store any personal data about any visitors, members or learners of the Web site;

• to transmit applications which make excessive demands on bandwidth;

If you post any comments or content on the Web site you grant Club106 and the provider a non-exclusive royalty free perpetual irrevocable right and licence to reproduce, modify, edit, adapt, publish, translate, distribute and display such materials in any and all media now known or in future created throughout the world and authorise others to do so. You further agree to irrevocably and unconditionally waive all moral rights which you may have in respect of any material posted by you on the website.

23. Removal of content and response to complaints

In the event that you send any content that breaches the provisions of the above paragraph, Club106 reserves its right to remove that content or disable access to it and to respond to any complaints made by a third party in respect of that content. Club106 will not be liable to you if it removes any content because it believes that such content breaches the provisions of these Terms.

Club106 may also preserve any content that you send or receive if required to do so by law or if reasonably required to ensure compliance with the Terms or to respond to third party complaints about such content.

24. General

These Terms are governed by and shall be construed in accordance with English law. Any dispute arising between us under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English courts.

These Terms constitute the entire agreement between us in relation to the provision by us to you of the Services, and they replace and supersede any prior arrangements between us in relation to the Services. You acknowledge that you are not relying on any statement made by us or any of our representatives with regard to the Services other than those expressly set out in these Terms (which includes, for the avoidance of doubt, the description of the Services set out on the Web site or provided to you in a Club106 centre). Nothing in this Paragraph shall exclude or restrict our liability for fraud or fraudulent misrepresentation.

The agreement between us which is comprised of these Terms is not intended to be for the benefit of any third party, and shall not be exercisable by any other person under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

The continued use of the Web site following any changes to the Terms will mean that you accept such changes.

25. Contacting Club106

You can contact us:

Last Updated : 1st July 2007