]

Terms and Conditions

Table of contents

1. General terms and definitions

2. Disclaimer and limitation of liability

3. Copyright and other intellectual property

4. Contributing to the website

5. Privacy and data protection

6. User names and passwords

7. General

8. Governing law

9. Further information

 

1. General terms and definitions

1.1

These terms and conditions of use ('Terms of use') refer to the official website of Waterford Kamhlaba United World College of Southern Africa ('Waterford', 'our', 'we' or 'us'), which is accessible via the address http://www.waterford.sz and its variations, including all other websites published on the Waterford.sz ('Website'). Access to the Waterford website is offered to you ('User' or 'you') solely upon condition of your acceptance, without modification, of the terms and conditions of use contained herein.  Your accessing, browsing and/or use of the website constitutes your acceptance of all Terms of use.

1.2

The Terms of use may be updated and/or revised from time to time by Waterford without individual notice to you. Please be aware that you are responsible for regularly reviewing them. Waterford may suspend or vary the whole or any part of the service offered on the Website for any reason, at any time, at its sole discretion.

2. Disclaimer and limitation of liability

2.1

Waterford does its best to ensure that all information on the Website is accurate. If you find any inaccurate information on the Website please let Waterford know by contacting us and we will correct it, where we agree, as soon as practicable.

2.2

Waterford gives no warranty or assurance about the content of the Website. As the Website is under constant development its contents may be incorrect or out-of-date and are subject to change without notice. While Waterford makes every effort to ensure that the content of the Website is accurate, Waterford cannot accept liability for the accuracy of all content at any given point in time.

2.3

Waterford makes every effort to ensure that its computer infrastructure is error- and virus-free but does not warrant that any material available for downloading from the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

2.4

Neither Waterford nor any of its agents, employees and sub-contractors shall be liable to you or any other party for any claim, loss, demand or damages whatsoever (whether such claims, loss, demands or damages were foreseeable, known or otherwise) arising out of or in connection with the use of the Website or information, content or materials included on the Website.

2.5

Waterford is a distributor of content supplied by third parties and users of the internet. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or users, are those of the authors or distributors and do not necessarily reflect the views or policy of Waterford. We are not responsible for the accuracy or reliability of any opinion, advice or statement made on the Website.

2.6

The Waterford Website may contain links to third party web sites (‘linked sites’). Waterford has no means of control at its disposal for such linked sites and is not responsible for the contents or availability of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. The inclusion of any link does not imply endorsement by Waterford of the linked site or any association with its operator. Waterford does not guarantee that a linked site will work appropriately and will not contain computer viruses or other bugs that could harm your internet-access device. You are responsible for viewing and abiding by the terms and conditions of use posted at the linked sites.

2.7

The information on the Website is not intended to address your particular requirements. Such information does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific educational, or other, decisions. You should take your own advice and/ or make specific enquiries and independently verify any information before relying upon it.

2.8

If you make an arrangement with anyone named in or connected with the Website this is at your sole risk.

3. Copyright and other intellectual property

3.1

The Website contains copyright material, trade names and marks and other proprietary information, including, but not limited to, organisational names, logos and symbols, text, software, photos, graphics, video, music and sound ('Content'). The Content is protected by copyright law, database rights and other intellectual property rights.

3.2

Waterford, or where subject to separate terms its licensors or authorised contributors, own the copyright, database right and other intellectual property rights in the selection, coordination, arrangement and enhancement of such Content, as well as in the Content original to it. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, any of the Content, in whole or in part except as provided in these Terms of use.

3.3

You may download information from the Website for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission or that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.

4. Contributing to the website

4.1

Where you are invited to submit any contribution to the Website (including any text, message board content, photographs, graphics, video or audio) you hereby agree, by submitting your contribution ('Contribution'), to grant Waterford a perpetual, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your Contribution worldwide and/or to incorporate your Contribution in other works in any media now known or later developed for the full term of any rights that may exist in your Contribution. If you do not want to grant to Waterford the rights set out above, please do not submit your Contribution to the Website.

4.2 By submitting your Contribution to the Website, you:

4.2.1

Warrant and represent that your Contribution:

  • (a) is your own original work and that you have the right to make it available to Waterford for all the purposes specified above and that it does not breach or infringe anyone else's rights such as copyright or in is in any way illegal;
  • (b) is not defamatory, libellous, obscene, menacing, threatening, offensive, abusive, fraudulent or criminal
  • (c) will not and does not contravene any relevant local, national or international law or incite or encourage the contravention of any such law;
  • (d) does not have as its sole aim the sale for profit of a product or service;
  • (e) does not contravene Waterford’s commitment to equal opportunities, mutual responsibility and respect and the celebration of difference.

4.2.2

Agree at all times to follow our rules of posting, which will be published in the forums section of the Website;

4.2.3

Agree to indemnify and keep Waterford indemnified on demand against all legal fees, damages and other expenses that may be incurred by Waterford as a result of your breach of the above warranty; and

4.2.4

Agree to waive any moral rights in your Contribution for the purposes of its submission to and publication on the Website and the purposes specified above to the fullest extent permitted by law.

4.3

We reserve the right to identify you in response to a court order or threat of legal action.

4.4

If you see any information on the Website that breaches your or anyone else's rights or may be illegal, defamatory or otherwise should be removed, let us know immediately and, where we agree, we shall do our best to remove it as soon as possible, but we do not have an obligation to do so.

4.5

We reserve the right to edit, remove postings to forum boards, delete or use electronic methods to block or filter any Contribution left on or sent to the Website at our discretion, including without limitation any message that contravenes any of these Terms of use, but we do not have an obligation to do so.

4.6

You must indemnify (pay) us on demand for any losses we suffer if you breach this provision or any other provision of these Terms of use or the forum rules of posting.

4.7

We expect many of those contributing to our message boards to have strong views about the matters discussed, but the Website is subject to the laws of libel and you and we could be sued if you are not careful in what you say. You should not make libellous postings or any postings that are illegal or breach copyright, database or other related rights. It is your responsibility to check this. We do not accept any liability in this respect.

5. Privacy and data protection

5.1

Your right to privacy is important to us. The following terms are provided to explain how we collect and use information about you so that you can make an informed choice about using the Website.

5.2 Data protection

5.2.1

Waterford is keen to strike a fair balance between your personal privacy and ensuring that you obtain full value from services we provide, while ensuring that we comply with all protection the Data Protection Act 1998 ('the Act') affords to you. Waterford will hold your personal data securely in accordance with the Act.

5.2.2

The main purpose of the Act is to contain the possible threat to individuals from the misuse of personal data relating to them held in manual records or on computing equipment. Waterford complies with all requirements of the law on protection of personal data held on computer or in manual records. Individuals should be aware that they must comply with the same requirements in respect of any records they hold about identifiable living individuals.

5.3 Collection and use of personal data

5.3.1

Personal data is not stored nor captured through the Website without the prior knowledge and consent of Users. Where personal information is captured (eg through web-based forms for feedback, registration, requests, etc), the User will be informed as to what personal information is being collected, who will use it, and for what purpose(s) it will be used

5.3.2

All personal data is securely held in the Waterford Development Office or by its agents and will be treated confidentially and used internally only for the benefit of Waterford, its constituencies and its members. The information is available to UWC schools, colleges, national committees, development offices, recognised alumni and other societies registered with UWC, and to agents contracted by UWC for purposes directly related to the interests of the UWC movement and/or its constituencies and members.

5.3.3

Personal data may be used for direct marketing purposes which include: alumni activities, UWC communications and publications, notification of events and programmes, fundraising, and the promotion of benefits and services.

5.3.4

The personal data of Users will not be disclosed to external organisations other than those acting as agents for UWC or Waterford.

5.3.5

If you do not wish your information to be used in this way, please contact the Waterford Development Office. Should you request that we amend or suppress records containing your personal data, we will endeavour to do so as promptly as practical. However, you may receive communications for a transitional period while we process your records.

5.3.6

While Waterford will use its reasonable endeavours to protect the personal data submitted to it from access, misuse, dissemination or alteration by non-authorized persons, it does not accept responsibility for such acts committed while such data is in transit through the internet or stored on Waterford’s internet servers. By submitting personal data to Waterford you agree not to hold Waterford, its directors, staff and affiliates responsible for any such breach of confidentiality or integrity of your personal data.

5.3.7

The Act gives you the right to see the personal information Waterford holds on you. Please see Data protection (5.2) for more information.

6. User names and passwords

6.1

You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and passwords that may be given to you or selected by you for use on our Website. You may not share these with or transfer them to any third parties or otherwise act in a way that gives access to protected areas to unauthorised persons.

6.2

You must notify us immediately of any unauthorised use of your name and/or password or any other breach of security regarding our Website that comes to your attention.

7. General

7.1

These Terms of use form the whole agreement (‘the Agreement’) between you and us. You acknowledge that you have not entered into this Agreement in reliance upon any warranty or representation made by us or any other person and you waive any rights to damages/ rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in this Agreement.

7.2

If any provision or term of these Terms of use shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.

7.3

Failure by either party to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.

7.4

Any formal legal notices should be sent to us at the address at the end of these Terms of Use by email confirmed by post.

7.5

Failure by us to enforce a right does not result in waiver of such right.

7.6

You may not assign or transfer your rights under this Agreement.

7.7

We reserve the right to bar Users from the Website and/or specific web pages, on a permanent or temporary basis at our discretion. Any such User shall be notified and must not then attempt to use the Website under any other name or through any other User.

8. Governing law

8.1

These Terms of use are governed by English law notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms of use and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts. The place of performance shall be England.

8.2

We provide no warranty or guarantee that the Website or information available on it complies with laws other than those of England.