Terms & Conditions
1. Use of the Service
1.1 You agree to use the Service only for lawful purposes. You may not use the Service or any part of it for commercial purposes.
1.2 You must only use the Service in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of MyBigSky Ltd. Prohibited behavior includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Service.
1.3 We operate a ‘fair use’ policy to protect the quality of service to our users. If we believe you are using excessive bandwidth or your use of the Service is adversely affecting our network (or any part of it) or our other users we reserve the right to manage or regulate your usage of the Service. This may include temporarily suspending your user account.
2. Amendments
2.1 MyBigSky Ltd reserves the right to make changes to these Terms and Conditions from time to time and so you should check these Terms and Conditions regularly. Your continued use of the Service will be deemed acceptance of the updated or amended Terms and Conditions. If you do not agree to the changes, you should cease using the Service.
2.2 If there is any conflict between these Terms and Conditions and specific local terms appearing elsewhere on the Service (including community rules) then the latter shall prevail.
3. Registration
3.1 In order to participate in and contribute to the courses and communities you may be required to register with MyBigSky Ltd. Any personal information supplied to us as part of this registration process and/or any other interaction with MyBigSky Ltd will be collected, stored and used in accordance with our Privacy Policy.
3.2 To register on this website you must be over sixteen years of age unless you have the explicit permission of your parent or guardian.
3.3 You must ensure that the details provided by you on registration or at any time are correct and complete.
3.4 You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.
3.5 All user accounts must be registered with a valid personal/business email address that you access regularly so that moderation emails can be sent to you. Accounts registered with someone else’s email address, or with temporary email addresses may be closed without notice. We may require users to re-validate their account if we believe they have been using an invalid email address.
3.6 You must keep your password and user name confidential and not disclose them or share them with anyone. If you know or suspect that someone else knows your password you should notify us by contacting info@mybigsky.co.uk immediately.
3.7 If MyBigSky Ltd has reason to believe that there is likely to be a breach of security or misuse of the website, we may require you to change your password or we may suspend your account.
3.8 MyBigSky Ltd reserves the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupts any of our services in any way.
3.9 If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.
4. Intellectual property
4.1 All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on Service and all content (including all applications and materials) located on or available through the Service shall remain vested in MyBigSky Ltd.
4.2 You must not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use our content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any of our websites content except for your own personal, non-commercial use. Any other use of content requires the prior written permission of MyBigSky Ltd.
4.3 The names, images and logos identifying us or third parties and their products and services are subject to copyright, design rights and trade marks of MyBigSky Ltd and/or third parties. Nothing contained in these Terms and Conditions shall be construed as conferring any license or right to use any trade mark, design right or copyright of MyBigSky Ltd or any other third party.
5. Availability of the Service
5.1 Although we aim to offer you the best service possible, we make no promise that the services available will meet your requirements. We cannot guarantee that the Service will be fault-free. If a fault occurs with the Service you should report it to info@mybigsky.co.uk and we will attempt to correct the fault as soon as we reasonably can.
5.2 Your access to the Service may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Service as soon as we reasonably can.
6. Right to suspend or cancel your registration
6.1 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
6.2 You can cancel your registration at any time by informing us in writing at info@mybigsky.co.uk. If you do so, you must stop using the Service.
6.3 The suspension or cancellation of your registration and your right to use the Service shall not affect either party’s statutory rights or liabilities.
7. Disclaimers and limitation of liability
7.1 ALL CONTENT PROVIDED ON OR THROUGH THE SERVICE, INCLUDING THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO EATON MEDIA, ITS PRODUCTS AND SERVICES (OR TO THIRD PARTY PRODUCTS AND SERVICES), IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, MyBigSky Ltd EXCLUDES ALL REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED BY LAW), INCLUDING THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. WE DO NOT GUARANTEE THE TIMELINESS, COMPLETENESS OR PERFORMANCE OF ANY ASPECT OF THE SERVICE OR ANY OF ITS CONTENT. WHILE WE TRY TO ENSURE THAT ALL CONTENT PROVIDED BY MyBigSky Ltd IS CORRECT AT THE TIME OF PUBLICATION NO RESPONSIBILITY IS ACCEPTED BY OR ON BEHALF OF MyBigSky Ltd FOR ANY ERRORS, OMISSIONS OR INACCURATE CONTENT ON THE SERVICE.
7.2 NOTHING IN THESE TERMS AND CONDITIONS LIMITS OR EXCLUDES MyBigSky Ltd LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS PROVEN NEGLIGENCE. SUBJECT TO THE PREVIOUS SENTENCE, NEITHER MyBigSky Ltd NOR ANY OF ITS OFFICERS OR EMPLOYEES SHALL BE LIABLE FOR ANY OF THE FOLLOWING LOSSES OR DAMAGES (WHETHER SUCH DAMAGE OR LOSSES WERE FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE): (A) LOSS OF DATA; (B) LOSS OF REVENUE OR ANTICIPATED PROFITS; (C) LOSS OF BUSINESS; (D) LOSS OF OPPORTUNITY OR ANTICIPATED SAVINGS; (E) LOSS OF GOODWILL OR INJURY TO REPUTATION; (F) LOSSES SUFFERED BY THIRD PARTIES; OR (G) ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM THE USE OF THE SERVICE REGARDLESS OF THE FORM OF ACTION.
7.3 MyBigSky Ltd DOES NOT WARRANT THAT FUNCTIONS AVAILABLE ON OR THROUGH 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 BUGS. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO IMPLEMENT 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.
8. Applicable law
8.1 These Terms and Conditions will be subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.
9. International use
9.1 We make no promise that materials available on or through the Service are appropriate or available for use in locations outside the United Kingdom, and accessing the Service from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Service from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
10. Miscellaneous
10.1 If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and Conditions and the remaining Terms and Conditions shall survive and continue to be binding and enforceable.
10.2 You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.
10.3 If you breach these Terms and Conditions and we chooses to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
10.4 We shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.
Online Course – Terms of Use
These terms relate to the paid-for online training services supplied to you through the MyBigSky Ltd website (the “Online Course Service(s)”) and should be read in conjunction with our General Terms & Conditions above which shall also apply save where they are inconsistent with these terms.
1. Prices and payment
1.1 Your order is an offer to purchase Online Course Services from us. The Online Course Service will be made available to you once your payment has been authorised and the course session has started. There will be no contract of any kind between you and us unless and until you make authorised payment for the Online Course Service. At any point up until then, we may decline to supply the Online Course Service to you without giving any reason.
1.2 The fee for the Online Course Service is calculated and payable in advance as set out. The Company shall be under no obligation to provide the Online Course Service until the fee has been paid.
1.3 All prices are expressed exclusive of any VAT payable unless otherwise stated.
2. Delivery
2.1 Within 1 hour of purchase, a confirmation email will be sent to the customer acknowledging payment and successful enrolment in the course. Customers will be required to create a username and password for logging into the site and accessing the course content.
3. Using the Online Course Service
3.1 Please read the description for the Online Course Service carefully before placing your order as refunds cannot be given (see section 7 below).
3.2 MyBigSky Ltd warrants that it has the right to provide the Online Course Service and will use all reasonable skill and care in making the Online Course Service available to you and in ensuring its availability. Because of the nature of the internet, errors and omissions do occur and MyBigSky Ltd does not give any other warranties in respect of the Online Course Service.
3.3 MyBigSky Ltd is continually seeking to improve the Online Course Services. MyBigSky Ltd reserves the right, at its discretion, to make changes to any part of any Online Course Service provided that it does not materially reduce its content or functionality.
4. Posting of content
4.1 Some Online Course Services allow you to post content to the website including asking questions about the course, posting completed assignments, and taking part in discussion boards.
4.2 All content which you provide or upload to our website shall be subject to the relevant provisions.
5. Fair use policy
5.1 We operate a ‘fair use’ policy to protect the quality of our Online Course Services. If we believe your use of a Online Course Service is taking up excessive bandwidth or your use of a Online Course Service is adversely affecting the provision of the service (or any part of it) to other users, or other users’ enjoyment of the service, we reserve the right to manage or regulate your usage of the Online Course Service. This may include temporarily suspending your user account and/or access to the Online Course Service.
6. No commercial use
6.1 Subject to clause 4.2, all Online Course Services are available for non-commercial use only. MyBigSky Ltd reserves the right to refuse orders from businesses that we consider are for commercial concerns. You may not re-sell or make available to any third party the Online Course Services without the prior written consent of MyBigSky Ltd.
6.2 Subject to paying the applicable fees, universities and other teaching organisations are permitted to deliver the Online Course Service to their named students.
7. Cancellation and refunds
The following right to cancel terms are set out in accordance with the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
7.1 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 permits consumer customers to cancel a contract after it is has been entered into subject to certain limitations and requirements. You have the right to cancel the contract at the end of 14 days, after the day the contract is entered in to, if you want to access the digital/online training within this period, you must give your express consent and acknowledge that your right to cancel is lost by accessing the materials.
7.2 If you have the right to cancel then:
7.2.1 you will need to complete our cancellation of service form stating that you wish to cancel the contract between us and you; and.
7.2.2 you will need to send us the notice of cancellation within the 14 period starting with the day after you receive our confirmation that there is a binding contract between you and us;
7.2.3 after we receive your notice of cancellation we will refund any monies due to you within 14 days.