Last updated: 10 August 2017
THIS LEGAL NOTICE APPLIES TO THE ENTIRE CONTENTS OF THE WEBSITES UNDER THE SOLE OR JOINT CONTROL OF MALINGO LTD LIMITED 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 MALINGO LTD LIMITED.
These terms and conditions ("Terms and Conditions") may be updated by us from time to time without notice to you. We will post any changes to these Terms and Conditions on this page and we will also indicate at the top of this page the date that these Terms and Conditions were last revised. We will take reasonable steps to inform disabled users of any changes and the date of such changes to these Terms and Conditions.
Your continued use of the Services (as defined below) or the Website (as defined below) 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 Services or the Websites. It is your responsibility to regularly check this page to determine if there have been changes to these Terms and Conditions and to review such changes.
The General Terms and Conditions apply to all users of the websites listed below. However, particular Services may also be governed by additional or alternative terms of service, which are set out in Additional Terms of these General Terms and Conditions and may also be provided separately, in which case please note that the General Terms and Conditions and any Additional Terms must be read together.
For institutions, corporations, public bodies or persons representing any of those, the General Terms and Condition and the Additional Terms for Institutions apply in all instances.
You should print a copy of these Terms and Conditions and any relevant Additional Terms for future reference. If you have any questions, please email us at :firstname.lastname@example.org
2.General Terms and Conditions for all users This clause specifies the websites to which these Terms and Conditions apply.
These are the Terms and Conditions that apply to use of:
and the website from which these Terms and Conditions were accessed (the "Websites").
3. Who we are This clause tells you some basic information about our company.
These Websites are brought to you by Malingo Ltd Limited of 85 Portland Street London W1W 7LT ("Malingo Ltd") and/or our applicable Affiliates. Malingo Ltd is registered in England and Wales under company number 10367617. References to "we", "our" and "us" are references to Malingo Ltd. In these Terms and Conditions, “Affiliate” means, in relation to any party, any person or entity Controlling, Controlled by or under common Control with such party, for the time being; and for these purposes, “Control” means the power to direct or cause the direction of the management and policies of a party, whether directly or indirectly and whether through the ownership of voting securities, by contract, or otherwise, and the words “Controlling” and “Controlled” shall be construed accordingly.
5. The Services This clause explains the types of services that we provide on our websites.
Malingo Ltd currently provides users with access to various online services and resources including forums, recruitment services, magazine and other subscriptions, marketplace and specialist content through its network of Websites (the "Services"). Unless explicitly stated otherwise, any new features of the Services will be subject to these Terms and Conditions and mat be subject to Additional Terms as linked herein, or otherwise notified to you. Any purchase contract you may enter into by using the Services will be subject to the terms of sale presented to you at the time of sale in addition to these Terms and Conditions and any Additional Terms applicable to the relevant Service. User-Uploaded Content (as defined below) may be made available for download subject to various terms and conditions and under specific additional licences in respect of such content; save as otherwise provided, such additional licences are not granted by Malingo Ltd but rather by the author of such User-Uploaded Content. You agree to be bound by the licensing arrangements relating to such materials and not to use any of the Services in a manner that breaches any such licences. Please see our Additional Terms for more information.
6. Eligibility and supervising children
This clause explains the registration process that applies to some parts of our services. It explains that children under the age of 13 are not permitted to register to use or sign up for any services through our Websites without their teacher procuring their parent's permission on behalf of TES. It also explains your obligations when you allow children to access our services and when you are acting on behalf of certain institutions.
Certain aspects of the Services may require you to register and provide information about yourself. You agree that you represent, warrant and covenant that you are 13 years of age or older (unless the immediately following paragraphs have been complied with) if you reside in the United States of America, its territories and possessions (the “US”), you further agree, regardless of location 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 using the appropriate forms on our Websites or emailing us at email@example.com)to keep it true, accurate, current and complete. We may terminate your account and any or all rights to the Websites, Services or licences granted if any information you provide is inaccurate, false, or incomplete.
IMPORTANT ADDITIONAL REQUIREMENTS REGARDING UNDER-13 USERS:
If you use any Services on behalf of an Institution or a company, you hereby represent, warrant and undertake that:
7. Member accounts, passwords and security
This clause explains how we endeavour to protect your personal information as well as your responsibility to look after your account password and for activities that occur under your password and account.
The Internet is not a secure medium. However, Malingo Ltd will endeavour to protect all personal information collected through the Website in accordance with appropriate 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 Malingo Ltd 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. Malingo Ltd cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation.
8. Member Acceptance of Terms of Sale This clause explains how you are obliged to agree to the Terms and Conditions and any additional terms every time you use our Websites to make an electronic purchase.
Your use of the Websites and registration of an account includes the ability to enter into agreements and/or to make purchases electronically. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of these Terms and Conditions (including the Additional Terms relating to such purchase), and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on our Websites, including notices of cancellation, policies, contracts, and applications.
9.Special warning for international use This clause explains that the websites are targeted to UK and US users and that if you reside outside the UK or US, you use the website at your own risk.
The Websites are designed to be compliant with applicable UK and US laws and regulations and are intended for use only by users resident in the United Kingdom, or the United States. Due to the global nature of the Internet, users from all over the world may have access to the Websites. If you are resident in a country outside of the UK or US you use the Websites at your own risk.
10.Modifications to the Services This clause explains that we may change or discontinue a service without being liable to you for doing so, and when we will provide compensation to you if you have paid for a service that is discontinued.
Malingo Ltd reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Malingo Ltd shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. If you have paid for Services which is then discontinued by Malingo Ltd without good cause, Malingo Ltd will compensate you when it is legally required to do so.
This clause explains when and how we may suspend or terminate a website and/or service, or remove content you have uploaded.
You agree that Malingo Ltd, in its sole discretion and without liability to you or any third party, may suspend or terminate, with or without notice, your access to the Websites and/or the Services or any part of them or any of your passwords or accounts (or any part(s) thereof or related files and information) within the Services, and may remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if Malingo Ltd 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 Malingo Ltd's only remedy and Malingo Ltd may take any other action we reasonably deem appropriate in connection with such breach.
12. Dealing with advertisers, suppliers and merchants
This clause clarifies that your dealings with third parties (such as advertisers or merchants) via our services are between you and the third party and that we are not responsible for such dealings.
Your dealings with advertisers, merchants and any other third party found on or through the Services, 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) Malingo Ltd 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 Services or the Websites; (b) any orders placed by you on, and any product specifications and product availability appearing on, the Services or the Websites are subject to confirmation by, and are supplied subject to the terms and conditions of business of, the relevant merchant; and (c) Malingo Ltd does not endorse or adopt any of the advertisements provided on its Websites.
13.Links to other websites or resources T
his clause explains that we are not responsible for third-party websites or resources that our websites may link to.
The Services may provide, or third parties may provide, links to other websites or resources. Because Malingo Ltd has no control over these sites and resources, you acknowledge and agree that Malingo Ltd 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 Malingo Ltd 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.
14.Malingo Ltd's proprietary rights
This clause gives details of our intellectual property rights in relation to our websites and services.
Unless otherwise indicated, Malingo Ltd is the owner or the licensee of all copyright, trade mark rights and/or other intellectual property rights in the Websites and the Services (including any content made available through the Websites and/or the Services (see also "Rights in posted content" above) 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 Services or advertisers is protected by third party copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Malingo Ltd reserves all intellectual property rights not otherwise granted under these Terms and Conditions.
"Malingo" are trademarks of Malingo Ltd Limited (the "Malingo Ltd Marks"). Without Malingo Ltd's prior permission, you agree not to display or use in any manner the Malingo Ltd Marks.
15.Use of Malingo Ltd Material
This clause sets out our rights in the website and services and the licence that we give you to use our websites and services.
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 Malingo Ltd.
Malingo Ltd grants you a personal, non-transferable and non-exclusive right and licence to use the Websites and the Services 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 Malingo Ltd, 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, Malingo Ltd may revoke the licence granted to you.
You are prohibited from reproducing, copying, modifying, renting, leasing, loaning, selling, distributing, exploiting, extracting, creating derivative works of or otherwise communicating or making available to third parties any part of the content of this Website or the Services without Malingo Ltd'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. None of the above alters any rights granted directly to you under the terms of a Creative Commons licence in respect of any particular User-Uploaded Content, or alters any other rights you may have where other licence terms are explicitly expressed to apply to content or User-Uploaded Content.
This clause explains the extent to which you can rely on our services and that we are not responsible for the way in which you use any user-generated content.
You expressly acknowledge and agree that:
This clause sets out your rights and the restrictions imposed on you in relation to the use of confidential information.
You acknowledge that any Confidential Information (as defined in the next paragraph below) which you obtain by entering into these Terms and Conditions and the use of the Services constitutes the valuable, confidential, proprietary information of Malingo Ltd and its licensors, and you agree that during the term of your use of the Services 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 Malingo Ltd, its users and members, Affiliates, licensors and/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.
18. Limitations of Liability
This clause explains what liability we accept in relation to these Terms and Conditions and your use of our websites and services.
You expressly acknowledge and agree that Malingo Ltd 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.
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 Malingo Ltd.
19. Events outside of our control
This clause explains that we are not liable for events outside our control.
Malingo Ltd 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 related contract between us that is caused by any act, event, non-happening, omission or accident beyond our reasonable control ("Force Majeure Event"), including (without limitation) the following:
20. Notice and disclaimer regarding email
This clause details the risks associated with the use of email, details what actions we take to try to avoid such risks and requests that you work with us to ensure it is used is the safest and securest way possible.
E-mail is not a 100% virus-free or a secure medium. Any e-mail message from Malingo Ltd, including any attachments transmitted with it, may contain legally privileged or private information. such messages are intended solely for the use of the individual or entity to whom it is addressed. If you have received such a message in error, please notify the sender or Security and delete it from your system. You should not copy, store or use such an email or any attachment(s) for any purpose, nor disclose their contents to any other person.
Whilst Malingo Ltd scans all communications for viruses or other malicious software, we do not guarantee that any message is virus-free and accept no liability for any potential loss or damage that may arise as a result of receiving, storing and reading any message and any attachment(s). It is your responsibility to ensure that viruses do not adversely affect your system and that your messages to us meet your own security requirements. We reserve the right to read any e-mail or attachment entering or leaving our systems without notice.
21. Content objections
This clause explains what you can do if you object to material (including user-generated content) on our websites and the circumstances in which we may decide to remove that material.
If you object to the publication of any material including User-Uploaded Content made available through our Websites or Services, either because it is offensive or you think it might infringe your intellectual property rights or it is prohibited content, please let us know by clicking on the 'Report abuse' link next to the relevant post/message or email us at firstname.lastname@example.org . Examples of the types of abuse or other objectionable material including User-Uploaded Content include discrimination (for example based on race, religious belief or sexuality), classifiable content, offensive language or user-targeted attacks (such as harassment and bullying). This is the fastest way to notify us and will provide a direct link to the post/message in question.
In order to protect you, Malingo Ltd operates a notice and take-down system. Please see that policy for more details.
If you object to anything anywhere else on this Website, please let us know by calling by sending an email explaining your concerns to email@example.com and we will take whatever action we deem appropriate.
If you are dissatisfied with the way a complaint about editorial content is dealt with, and believe that the content is in breach of the Independent Press Standards Organisation Editors’ Code of Practice, please be aware that you can raise your complaint with IPSO by following the steps given here.
22.Complaints about our Websites and Services
If you have any complaints about the Websites, we want to hear from you so we can improve our service. Please e-mail us at firstname.lastname@example.org and we'll consider your comments carefully.
23. General information
This clause sets out some important details about the scope of these Terms and Conditions and how they can be enforced.