You must ensure you read this End User Licence Agreement carefully before downloading or streaming any online tour from our website or linked source, including this product. By downloading, streaming or using this product you are agreeing to our terms and conditions of use. If you do not agree to these terms and conditions then you must not use this product.
This End User Licence Agreement (“EULA”) is made between you (“Customer” or “School”) and The City Break Company (“TCBC”).
“Online Tour” means the content accessed on the Customer or Agreed User’s computer or other electronic device via a link provided by TCBC.
“Fee” is the payment amount set by TCBC in the Order Invoice.
“Back-Up” is a copy of the Online Tour stored to an electronic device.
“Product Content” is the full content of the Online Tour.
“Agreed User” means an additional user of the Online Tour for which the Customer has paid a Fee.
“Agreed Period” means the period of time the Customer and/or Agreed User will have permission from TCBC to access the Online Tour Link.
“Purpose of Use” will be the purpose agreed between TCBC and the Customer prior to issuing an Order Invoice.
“Link” means any hyperlink or source enabling the Customer to download, view or stream the Online Tour.
“Order Invoice” provides the Customer with information relating to the Purpose of Use and agreed Fee
2. Licence Grant
2.1 Upon payment of the Fee, TCBC grants the Customer a non-exclusive right to access the Online Tour Link to view its content. The Customer agrees not to share the content of the Online Tour with anyone other than an Agreed User. The Customer understands that this Licence confers no right of duplication, transfer or further distribution, download, licensing or sub-licensing, whether it be in part or whole.
2.2 The Customer agrees only to allow the Online Tour to be utilised for its proper Purpose of Use and will not allow anyone other than an Agreed User to benefit from the Product Content.
2.3 The Licence will be valid for the duration of the Agreed Period after which time access permissions will be revoked.
2.4 The Customer agrees that it will take reasonable steps to ensure all Agreed Users understand they have no rights of duplication, transfer or further distribution, download, licensing or sub-licensing, whether it be in part or whole in relation to the Product Content.
3.1 Upon payment of the Order Invoice, the Customer will provide TCBC with valid email addresses for all Agreed Users.
3.2 Once the Customer has provided TCBC with valid email addresses for each Agreed User, TCBC shall make the Product Content accessible by sending a link to the Customer to distribute to a relevant Agreed User.
4.1 The Customer shall pay TCBC the agreed Fee as set out in the Order Invoice subject to any relevant VAT.
4.2 TCBC will not send the Customer a Link until the appropriate Fee, as set out in the Order Invoice, has been paid in full.
4.3 The Customer will be permitted to pay for additional Agreed Users following the purchase of the Online Tour and TCBC will issue an Order Invoice which the Customer agrees to pay before sharing the Online Tour with the additional Agreed User.
5. Limits to Liability
5.1 TCBC shall not have any liability whatsoever for any loss or damage suffered by the Customer or Agreed User, whether suffered directly or indirectly or as an immediate or consequential result arising in contract, tort or negligence within the following categories:
(a) loss of profits;
(b) loss of business opportunity;
(c) loss of anticipated savings;
(d) loss or corruption of data;
(e) special damage relating to content accuracy
5.2 The Customer agrees that the total liability of TCBC whether in contract, tort or negligence be limited to the total amount of the Fee agreed in the Order Invoice.
5.3 The Customer understands that the Product Content provided by TCBC is for information purposes only and is not intended to be an accredited learning tool or a supplement to any formal curriculum.
5.4 The Customer agrees that when entering into the licence agreement, it did not rely upon any representations of any kind, either written or oral, by anyone other than TCBC or anyone authorised by TCBC to give warranties on their behalf.
5.5 The exclusions listed in clause 5.1 apply to the fullest extent of the law applicable under clause 8 but TCBC does not exclude liability for:
(a) death or personal injury caused by the negligence or TCBC;
(b) fraud or fraudulent misrepresentation;
(c) that which cannot be excluded or limited under s47 of the Consumer Rights Act 2015;
(d) any other liability which may not be excluded by law.
6. Intellectual Property Rights
The Customer agrees that all Intellectual Property Rights in the Online Tour and/or linked source and any subsequent update releases belong to TCBC and the Customer shall have no rights in or to the Online Tour and/or linked source other than the right to use it in accordance with the terms of this Licence.
No failure or delay by any party to exercise their rights or any remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
8. Governing Law and Jurisdiction
This Licence shall be subject to, construed and interpreted in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the Courts of England.