Terms and Conditions
Thank you for visiting the Website.Please read these conditions carefully before using the site. They apply to all users of and visitors to the site ('you'). In consideration of being allowed to use the site and by proceeding to use the site you signify that you agree to be bound by the following conditions(and documents referred to in them), as revised by us from time to time. Revised conditions take effect when published.
Information about us
The Website belongs to the University of Plymouth of Drake Circus, Plymouth, Devon PL4 8AA (“the University”).
The site is operated by our supplier Aluminati Network Group Ltd (registered in the United Kingdom with company number: 4953058) of 2 Minton Enterprise Park, Oaks Drive, Newmarket, CB8 7YY. With regards to data, Aluminati formally operate as our Data Processor (“Aluminati”).
‘We’ or ‘us’ means the University and Aluminati.
BY COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE.
The Services are offered to you conditional on your acceptance without modification of the terms, conditions, and notices contained herein. You re-affirm your agreement every time you use or visit the Website or use the Services whether or not you have paid a subscription fee and whether or not you have registered as a member on the Website.
Your agreement is directly with us and not any website or affiliate that you are using to access this Service or Website.
In these Terms and Conditions the following definitions shall apply:
'Visitor', 'User', 'Member', 'You' and 'Your' means - anyone who is visiting the Website, is on a free trial period, has a Membership with the Website or has completed the Registration section within the Website; anyone visiting the Website or using the Services whether or not they have a Membership, to search for and communicate with us, other Members or companies or employment opportunities;
‘Applicant' means - anyone who is applying for, or intending to apply for, Membership by completing registration and verification.
'Membership' means - your subscription to use the Services, following the completion by the Member of the Registration and Verification sections within the Website, whether or not the Member has paid money to the Company
'Verification' means - the part of registration whereby an Applicant provides evidence of their identity and establishes their eligibility for membership.
Accessing the Website
The Website is made available free of charge.
We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Website.
We do not represent that content available on or through the Website is appropriate or available in locations other than the United Kingdom. We may limit the availability of the Website or any service or product described on the Website to any person or geographic area at any time. If you choose to access the Website from outside the United Kingdom, you do so at your own risk.
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and comply with them. Access to the Website is always at the University’s discretion and the University may withdraw or amend the services provided on the Website without notice. From time to time the University may restrict access to some or all users to some or all parts of the Website and sometimes the Website may be unavailable. You use the Website and the internet in general at your own risk. We use reasonable efforts to ensure the continuous operation and availability of the Website we and we use technologies to keep users' data safe and accurate but we cannot and do not guarantee these things. Where possible we will post advance notice on the Website where downtime is scheduled for maintenance. As is normal, you note the need to maintain backup copies of any important data. Whilst the University aims to update its site regularly the content on the Website may be out of date at any given time.
If the University determines that you have breached any of these Terms and Conditions, it may take such action as it deems appropriate, including disabling your password whether chosen by you or allocated by us. You agree to indemnify us for all claims brought by a third party against us arising out of or in connection with any breach by you of these Terms and Conditions.
Membership Entitlement, Registration and Verification
Applicants are expected to provide accurate and true information about themselves during the verification process to establish eligibility for Membership.
Where the Website and/or the Services are aimed towards a specific community (for example, current students and graduates of the University) the applicant must rightfully belong to that community and must not pass themselves off as belonging to it if they do not.
In completing the Registration section and using the Website and/or the Services the Member must not impersonate another person or other Member.
You may be asked to give a verification code that is emailed to you to establish ownership of your address. You are specifically prohibited from colluding with another party who allows you access to their email account in order to falsely verify yourself.
The Member specifically grants authority to the University and Aluminati to carry such validation checks as it sees fit in order to confirm as accurate the information supplied by the Member.
Upon request at any time from the University or Aluminati, the Member shall confirm the details in the Registration form and provide such other information as may be reasonably requested from time to time.
If any information provided by the Member is untrue, inaccurate, obsolete or incomplete, the University has the right to immediately terminate the Member's Membership and refuse any and all current or future use of the Website.
Acceptance of applications for Membership is at the University’s sole discretion. We reserve the right to refuse Membership to any person without giving an explanation.
Member Obligations and Prohibitions
The Member agrees:
- to comply with all requirements, procedures, policies and regulations of networks connected to the Website;
- not to interfere with or disrupt the Website or servers or networks connected to the Website;
- not to gain or attempt to gain unauthorised access to other computer systems or networks connected to the Website nor attempt to gain access to other Members' accounts;
- not to use the Website in a manner or for a purpose that violates the rights of another, including but not limited to the intellectual property rights of another;
- not to interfere with the use and enjoyment of the Website by other users;
- not to include in any communications sent or posted via the Website and/or the Services any harassing, libellous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, racist or otherwise objectionable material of any format (including text, photos or images);
- not to resell, rent or hire any content of the Website (specifically any information contained in any directory) or use of or access to the Website;
- not to use the Website or Services for commercial use (although emails of a business nature are permitted);
- not to impersonate any other person, while using the Website.
Furthermore, we reserve the right, but has no obligation, to reject or remove any communication, profile or other material that does not comply with the letter or spirit of these Terms and Conditions.
Content Uploaded by Members
We will not claim ownership of content you submit or make available for inclusion on the Website. However, with respect to content you submit or make available for public or shared access on the Website, you grant world-wide, royalty free and non-exclusive licence(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the Website solely for the purpose for which such content was submitted or made available. This licence exists only for as long as you elect to continue to include such content on the Website and will terminate at the time you remove or we remove such content from the Website.
We may disclose your identity if required by law or if requested by any third party who claims that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
We do not assume responsibility or liability for the content or accuracy of any materials posted by you (or any other user of the Website). We may remove any material or posting you make on the Website if, in our opinion, such material does not comply with these Terms and Conditions.
Aluminati will report all complaints and breaches of which it is aware to the University and will act as instructed by the University in relation to University data.
You may use the Website only for lawful purposes. You may not use the Website:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Content uploaded by you to the Website or through the Services must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Content uploaded by you to the Website or through the Services must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Failure to comply with the above acceptable usage obligations, and/or the member obligations will immediately result in terminate of your right to use the Website and/or the Services. We reserve the right to report your usage to the police and/or other authorities.
You agree and acknowledge that the Website and/or the Services enable messaging between individuals and allow individuals to obtain details, through the online directory, of other members. You hereby acknowledge that Plymouth does not recommend or endorse the provision of personal details, including your home address, telephone number, bank details, employment details, financial information or other sensitive personal information to other people through the Website or Services and you agree not to provide such information and not to solicit such information from others. You further acknowledge that online you will not seek to meet any other member or user in person and that such meetings could put you in personal danger. Plymouth encourages its users to be sensible and safe at all time with regard to activity online. Should you have any concerns, please contact firstname.lastname@example.org
We may from time to time provide interactive services on the Website, including, without limitation chat rooms, messaging, bulletin boards and career networking. In particular, such services may allow you contact other members. Such services are not moderated and we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. In instances of abuse, harassment or failure by a member to comply with these Terms and Conditions, particularly as regards acceptable usage, members should report concerns to: email@example.com
We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
You are responsible for the security and protection of your own password. This includes selecting a password that is sufficiently difficult to crack (i.e. of sufficient length and including non-alphabet characters). We will NEVER ask Members for their password and Members are advised against telling anyone their password. Passwords are stored in encrypted form so that they are not useable even if the password file/database were accessed. The Member must notify Aluminati if they suspect that their account has been compromised.
In very rare cases members may request that Aluminati access their account with their password. In doing so members agree to indemnify the Company against any and all losses or damages that may result from such access. Afterwards, the Member must then change their password.
We encourage Members to report to abuses of the Website and/or the Services by visitors or other Members. Such abuses shall specifically include:
- breaching of Member obligations which are set out in these Terms and Conditions
- unacceptable use of the Website and/or the Services;
- passing off as a rightful member of a community (eg a University) when they are not
- sending emails containing malicious software or unsolicited commercial content (or any other message that would normally be classified as SPAM) or
- Content, messages and emails which are abusive, defamatory, bullying or harassing.
Please report any abuse to: firstname.lastname@example.org
We are not (and cannot be) responsible for the information posted by Members about themselves during Registration and will not (and cannot be expected to) verify all such information excepting those details covered in our Verification process.
The Member warrants to keep up to date the information pertaining to them in their Profile and to update it when changes occur. The Member may choose how much of their profile is visible to any directory service that we offer.
The Company does not make any representations or warranties regarding the reliability of the Website or the Services. Whilst reasonable efforts will be made to ensure the continuous operation and availability of the Website, the Company does not guarantee the continuous operation of the Website and from time to time the Website may not be available. The Company will from time to time suspend the Website to carry out technical maintenance and, if possible, will make every effort to give sufficient warning about such downtime by posting an announcement on the main website. The Company is not liable for any loss or inconvenience, of any nature whatsoever, incur ed or sustained by any Member due to the disruption, discontinuation or unavailability of the Website at any time. Each Member uses the Website and the Services and the internet in general at their own risk.
Whilst we have technologies in place to increase the safety and reliability of users' data, we are not responsible for storing any information or materials on a Member's behalf. The Member is advised to maintain backup copies of their important data. The Company accepts no liability for any loss caused by Member data being lost, corrupted or temporarily unavailable.
You are expressly prohibited from storing any content in your account that is illegal. This includes but is not limited to: copyrighted material for which you do not hold a licence, illegal pornography and malicious software such as trojans, viruses or worms. The Member must never upload such content and must immediately delete any emails containing such content, although the prior forwarding of such emails to investigative bodies is permitted.
We assume no responsibility for the deletion or failure to store, deliver or deliver messages timely. Without limiting the foregoing, we may, from time to time and without notice, set limit(s) on the number of recipients and the size and number of messages a member may send, store, or receive through the service, and we retain the right to delete any E-mails above such limit(s) as well as to deactivate any account which is over such limit(s) without any liability whatsoever. Any notice provided by us to Users in connection with such limit(s) shall not create any obligation to provide future notification regarding any change(s) to such limit(s).
We are not obliged to monitor your quota usage and accept no responsibility for loss of data, or other restrictions, due to your account being over quota. It is the Member's responsibility to clean out unwanted emails and content from their accounts periodically. We reserve the right to delete any material from your account.
Rights to Name
You represent that the username selected by you conforms with the Service's requirements and that when used alone or combined with a second or third (or lower) level domain name, does not interfere with the rights of any third party and is not being selected for any unlawful purpose. User acknowledges and agrees that if such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, the University may immediately suspend the use of such email address
Linking to the Website
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Website in any Website that is not owned by you.
The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the standards set out in these Terms and Conditions and the documents referred to herein.
Third Parties and Linked Sites
The Website may contain links or connections to other web-sites or services provided by parties other than us, including but not limited to subsidiaries or associated companies of Aluminati, advertisers and partners. The provision of links or connections to such parties by the Website does not imply any endorsement of the material provided or any association with their owners or operators. We accept no liability or responsibility for material published or services offered by any such party. The Member is responsible for reviewing and accepting the terms of service at any linked website. These links are provided for your information only. We have no control over the contents of those sites or resources.
Limitation of Liability
Neither the University not Aluminati are liable to any Member or any other person for loss or damage incurred or sustained by them of any nature, howsoever arising to the fullest extent permitted by law. Without prejudice to the generality of the foregoing:
- we shall not be liable to any Member or any other person for loss of profit, revenue, business or contracts, direct, indirect, punitive or consequential loss or damage however arising, including loss or damage arising from fraud or negligence even if such loss or damage was foreseeable and / or brought to the attention of the University and/or Aluminati.
- we shall not be responsible for verifying information supplied by Members within the Website or via the Services. We do not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by Members or other users nor do we monitor or screen every part of the Website, or endorse any opinions expressed by Members. We accept no liability for loss arising to Members as a result of reliance placed by them on information supplied by other Members.
- we shall not be liable for any loss sustained by a Member as a result of the misuse of the Website or the Services, or the misrepresentation or other breach of these Terms and Conditions by another Member.
- we shall not be liable for any loss sustained by a Member as a result of matters beyond our reasonable control.
We do not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. We do not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable.
You specifically agree that we shall not be responsible for unauthorised access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that we are not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that we are not responsible for any content sent using and/or included in the Service by any third party.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
No reliance on information
The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.
Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.
You agree to indemnify and hold the University and Aluminati and their licensors, parents, subsidiaries, affiliates, network partner sites, officers and employees ("Affiliated Parties"), harmless from any claim or demand, including reasonable legal costs, made by any third party due to or arising out of your use of the Service and/or the Website or your failure to comply with these Terms and Conditions.
Disclaimer of Warranty
We expressly disclaim any warranty for the Service or the Website to the fullest extent permitted by law. The Service and the Website are provided on an "as is" basis, without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The entire risk as to the performance of, or arising out of the use of the Service, is borne by you. We make no warranty regarding any goods, information or services purchased or obtained through the use of the Services or the Website. We do not guarantee that the Website will be secure or free from bugs or viruses. We do not guarantee that the Website, or any content on it, will be free from errors or omissions.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
Copyright and Trademark Notices
All source code, executable code, page designs and other copyrightable material (unless otherwise stated) are Copyright © 2002-2003 Aluminati Network Group Limited, and are used by its subsidiaries under licence from the Aluminati Network Group Ltd. All rights reserved.
The name and logo of the University of Plymouth and the are registered trade marks of the University of Plymouth and may not be used, copied, modified or shared without the prior written consent of the University of Plymouth.
The Member can terminate their Membership at any time by contacting Aluminati via the Company's support department email@example.com
The University has the right to terminate the Membership, without notice and effective immediately, of any Member who breaches any part of these Terms and Conditions. We will determine, in our absolute sole discretion, whether there has been a breach of these Terms and Conditions through your use of the Website. When a breach of these Terms and Conditions has occurred, we may take such action as we deem appropriate including but not limited to:
- Immediate, temporary or permanent withdrawal of your right to use the Website.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to the Website.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
Any Member who has their account terminated must not re-register unless with the express permission of the University. In the event of a termination, the Company shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party.
All notices, approvals and other communications to be given under these Terms and Conditions shall be by email or, if in writing, must be sent by first class post or facsimile (such facsimile notice or email to be confirmed by letter posted first class within 24 hours of the transmission of the relevant facsimile or email) to the other party.
If any provision or part of these Terms and Conditions shall at any time be held to be void, invalid or unenforceable, such provision shall be construed as severable and shall not in any way affect or render void, invalid or unenforceable any other provision of these Terms and Conditions, and these Terms and Conditions t shall be carried out as if the void, invalid or unenforceable provision were not part of these Terms and Conditions.
We reserve the right at our discretion to change, modify, add or rename any part of these Terms and Conditions at any time, and your continued use of the Website and / or the Services after any such changes are clearly posted on the Website indicates your acceptance of those changes. It is the Member's responsibility to regularly review the news section of the website to keep up to date with any changes in this Agreement. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
We may update the Website from time to time, and may change the content at any time. However, please note that any of the content on the Website may be out of date at any given time, and we are under no obligation to update it.
These terms and all related documents have been drawn up in English and all correspondence and further documentation shall be provided by all parties in English.
Law and Jurisdiction
These Terms and Conditions shall be governed and construed in accordance with English Law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
Any rights not expressly granted herein are reserved.
If you have any questions about the Website or the Services that relate to the University of Plymouth, please contact:
Devon PL4 8AA
Telephone: +44 1752 588020
If you have any technical issues with the Website or the Services, please contact firstname.lastname@example.org.