Terms and Conditions, Version 3.1, 17 April 2012
Your continued use of this web site constitutes your acceptance of these terms and conditions.
Website of Project Botticelli Ltd
1. General
This site, projectbotticelli.com, and all of its sub-areas (“the Website”), is owned and operated by PROJECT BOTTICELLI LIMITED, a private company, registered in Ireland and having its registered office at 12 Whitefriars, Aungier St, Dublin 2, D02 W920, Ireland (hereinafter called “Project Botticelli”) under the directorship of Mr Rafal Lukawiecki and Mr Ray Molloy. Project Botticelli makes no representation or warranty that information displayed on the website is appropriate or available for use in other jurisdictions.
2. Acceptance of Terms & Conditions
The use by you (hereinafter “the Website User”) of the website constitutes your acceptance of these Terms and Conditions. The acceptance of these Terms and Conditions by the Website User is deemed to take effect immediately on the occasion of your first use of the website. Project Botticelli reserves the right to amend, change and/or alter these Terms and Conditions at any time by posting such amendments, changes and/or alterations on the website from time to time or as appropriate. Continued use of the website will constitute acceptance of such amended Terms and Conditions by the Website User.
3. Severability
If any provision of these Terms and Conditions is found to be unenforceable the remaining provisions will continue to be of full force and effect.
4. Availability of Website
Project Botticelli aims to make this website, the content and the services, available to the Website User at all times. However, Project Botticelli may at its discretion suspend, restrict or terminate access for individual Website Users or generally to the website, the content and/or the services, without any liability, whether as part of routine upgrades, repairs, maintenance or otherwise.
Project Botticelli will limit the instances and impact of any such suspension, restriction or termination to the extent reasonably possible. The nature of the Internet means that Project Botticelli cannot give any warranty that the website, its content and/or its services will be provided free from any error, delays, bugs, viruses, or other deficiencies. Where Website Users have paid to access the website and it is established that the Website User cannot access same, Project Botticelli will offer Website Users a pro-rata refund of your subscription for the period of downtime upon request.
5. Rights and Obligations of Website Users
Website Users who leave comments on or post material to Project Botticelli’s website confer on Project Botticelli the right to reproduce such comments or material worldwide without securing the prior consent of the Website User. Website Users who post such material hereby disclaim any entitlement to royalties, administration fees or charges which the Website User could claim in the normal course of events.
Website Users who leave comments or post material on the Project Botticelli website hereby agree to indemnify Project Botticelli and hold Project Botticelli harmless from any action or consequences which directly or indirectly flow from the posting of the material in question. In the event that Project Botticelli receives any material which in the view of Project Botticelli is potentially actionable or otherwise objectionable, Project Botticelli reserves the right to vet or screen comments before posting them on the website and right not to display comments should they be deemed inappropriate. Project Botticelli further reserves the right to withdraw the material without notice or reason, and without giving rise to any claim by the Website User against Project Botticelli for so doing.
Website Users further agree to indemnify Project Botticelli against any claims or legal proceedings which are brought or threatened against it arising from or in connection with any use by them of the website, the content or services contrary to these Terms.
6. LIMITATION OF USE
As a fundamental condition of their use of the Website, the Website User warrants to Project Botticelli that it will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. The Website User may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website.
Website Users are provided with a username and a password for their own individual use. The Website User is responsible for keeping the username and password secure and confidential. Where Website Users register for membership, Website User agrees not to share details of usernames and passwords with other users or to permit other users to access the Website without seeking a licence from Project Botticelli. Website username and password are provided only to the person whose name they have been registered to, and are not transferrable to other persons, nor can they be shared with others. Website Users further agree not to broadcast, re-transmit, publish, present to a group of persons, or present to third party audiences, in any format, the content of the Website. Website Users are prohibited from viewing or accessing such Website content that is available only to registered users, such as video or audio recordings, from more than one device simultaneously. There is no such restriction on the number of simultaneous connections with regard to other parts of the website, which do not require the Website user to log in with their account.
For the avoidance of doubt, the following activities are expressly prohibited:
- Direct linking and hot-linking to images or videos or other page or server components contained in this website. However, linking to an entire web page (which may contain images or videos) is permitted, provided it does not bypass, or attempts to bypass the log-in process, or user account verification.
- Re-using, sharing with others, broadcasting, or presenting to a group of individuals any of the Website content, which is accessible only to registered users, is prohibited, unless all such individuals are also registered Website Users who have a current, unexpired, valid Full Access Membership.
Project Botticelli offers Group Membership plans that provide a way to acquire Full Access Memberships for multiple users, which are suitable for a company-wide use. For the avoidance of doubt, each person provided with a Full Access Membership by means of a purchased Group Membership is also required to comply with the Limitation of Use described in this paragraph, in particular the requirement not to share their user name and password with other persons, even within the same organisation. In other words, each individual must use their own user name and password, and each needs a current Full Access Membership in order to access premium or restricted content, such as training videos.
7. Third Party Websites
The website contains links to websites operated by third parties over which Project Botticelli has no control. These links are provided for the convenience of the Website User only and do not amount to an endorsement or recommendation of those sites. Project Botticelli does not accept liability in relation to those sites and should the Website User choose to access third party sites, the Website User does so at their own risk.
8. Intellectual Property Rights
All intellectual property rights in the website design, text, graphics, the selection and arrangement thereof and all software are subject to the Project Botticelli’s copyright unless otherwise indicated. All such rights are reserved to Project Botticelli.
The Website User hereby acknowledges that all trademarks, trade names, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing; trade or business names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights; know-how, including data specifications, drawings and instructions; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing of and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world; copyright, trademarks and other intellectual property rights in and relating to the website are solely owned by Project Botticelli.
For the avoidance of doubt, the website and its contents and all personal commentary and opinion published on this website are the property of Project Botticelli and are subject to copyright.
The Website User may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the website contents without the Project Botticelli’s prior written consent.
These Terms and Conditions does not purport to confer on Project Botticelli any proprietary right to third party trademarks, patents, industrial designs, copyright or goodwill in and relating to the website which are historically and legally the property of any third party businesses or suppliers.
9. Limitation of Liability
The Website User accepts to the fullest possible extent permitted in law, that Project Botticelli is in no way responsible for any indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits or contracts, income or revenue, goodwill, anticipated savings, data or other intangible losses caused to the Website User or the Website User’s property, whether hardware or software and whether such loss is caused directly or indirectly.
Project Botticelli makes no representation or warranties of any kind, express or implied about the completeness, accuracy, reliability suitability or availability with respect to the website or the information, products, services or related graphics contained in the website for any purpose. Project Botticelli will endeavour to ensure that website kept as secure as technically possible, however, it is not responsible for loss (direct or indirect) incurred as a result of third party interference with the website or “hacking”.
10. Communication with Project Botticelli
Should the Website User have any queries or concerns relating to the Project Botticelli website or Project Botticelli’s products and/or services, the Website User should contact Project Botticelli by email to info@projectbotticelli.com or by registered post to Project Botticelli Limited, 12 Whitefriars, Aungier St, Dublin 2, D02 W920, Ireland.
11. Data Protection
11.1 Identity of Data Processor
Project Botticelli Limited, a private company, registered in Ireland and having its registered office at 12 Whitefriars, Aungier St, Dublin 2, D02 W920, Ireland. (Registration No. 455555).
11.2 Category of Persons to Whom Information Will Be Disclosed
Project Botticelli does not permit passive tracking by other organisations or websites. Information submitted to Project Botticelli will be processed in accordance with the requirements of the Data Protection Acts 1988 and 2003 and will not be shared with third parties. Where Website Users have requested access various social media websites or have elected to process payment for goods or services through Paypal, the Website User does so in the knowledge that Project Botticelli hereby disclaims any responsibility for the use of data by PayPal or such other social media websites which the Website User chooses to access. Website Users are referred to www.paypal.com for details of the PayPal Privacy Policy and to the websites of Facebook, Twitter, LinkedIn , etc., for the relevant privacy policies.
11.3 Purposes for Which Data is Collected/Processed
Project Botticelli is committed to ensuring that the Website User’s privacy is protected. Project Botticelli will only retain information on the Website User which has been voluntarily submitted to the website e.g. registration of an online account or purchasing goods through PayPal. Additionally, Project Botticelli will not collect any information which is capable of personally identifying the Website User on this website without the Website User’s express permission.
Project Botticelli records the history of access to learning content, such as knowledge articles or training videos, for each registered user, in order to provide a personal learning progress assessment, and a certificate of achievement, as would be expected from an online learning institution. Such record is never shared with any external parties, and is only available to the registered user. Further, after being rigorously anonymised, and statistically aggregated, counts of how often and when content was accessed are used to provide feedback to content authors.
Project Botticelli uses a statistical first party analysis tracking cookie, which remains in the Website User’s browser between visits to this website. This information is never shared with third parties and is used for statistical and administrative purposes with a view to improving and developing the website. Website Users can opt out of using this cookie by selecting the following option:
11.4 Secondary or Future Uses of Data
Project Botticelli undertakes not to share Website Users’ personal information with third parties or apply personal data for a secondary purpose without the express permission of the Website User.
11.5 Data Tracking
Project Botticelli does not permit the use of cross-site tracking technologies.
11.6 Accessing/Deleting/Removing Data
Website Users can close their user accounts by selecting the “Cancel Account” option in the “My Account” section of the website, available under the “Edit” tab.
11.7 Complaints Regarding Data Protection
Website Users can request that information retained by Project Botticelli be deleted/amended or can request access to personal information by emailing info@projectbotticelli.com. Requests will be processed in line with Project Botticelli’s obligations under the Data Protection Acts 1988 and 2003. Website Users should include any personal identifiers which were supplied to the website (e.g. name; address; phone number; e-mail address). Such requests will be dealt with as soon as possible and will take not more than 40 days to process.
Complaints regarding Project Botticelli’s statutory obligations can be directed to The Data Protection Commissioner, Canal House, Station Road, Portarlington, Co. Laois or LoCall 1890 25 22 31.
12. Entire Agreement
This agreement constitutes the final and entire agreement between Project Botticelli and the Website User regarding the subject of this agreement and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. Failure to enforce any provision of this agreement shall not amount to a waiver of such provision.
13. Jurisdiction
These Terms and Conditions shall be subject to and construed and interpreted in accordance with Irish Law and shall be subject to the jurisdiction of the Courts of Ireland.
14. Termination
Project Botticelli reserves the right at its discretion to terminate or suspend access to the website and/or the services, to deactivate the Website User’s membership, and/or to remove or edit content. The grounds on which Project Botticelli may take such action may include (but shall not be limited to) where the Website User breaches a term of these Terms and Conditions or is likely to so breach or where the website, services or content are being abused or are likely to be abused.