1.2 The Services will include access to digital content and other functionality that is provided through the Cake Learning Platform. These terms and conditions shall govern your use of the Services.
1.3 The Licensor is D2E International VT Consultants Ltd, 7 Denbigh Mews, London SW1V 2HQ and the Services include the content in the Building Education service.
1.4 If you register with Cake you agree to these terms and conditions. These terms and conditions shall govern your use of Cake.
1.5 As part of your use of Cake, you may receive notifications, text messages, alerts, emails and other electronic communications. You agree to the receipt of these communications. You can control most communications from Cake in your account settings. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing
2.2 Subject to the express provisions of these terms and conditions:
2.2.1 we, together with our licensors, own and control all the copyright and other intellectual property rights in Cake and the material published on Cake; and
2.2.2 all the copyright and other intellectual property rights in Cake and the material on Cake are reserved.
3. Licence to use Cake
3.1 You may:
(a) view pages from Cake in a web browser;
(b) download pages from Cake for caching in a web browser;
(c) print pages from Cake;
(d) download documents from Cake using the Cake download function;
(e) stream audio and video files from Cake; and
(f) use Cake services by means of a web browser,
subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from Cake or save any such material to your computer.
3.3 You may only use Cake and the Services for your own personal and career development purposes, and you must not use for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on Cake.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from Cake (including republication on another website);
(b) sell, rent or sub-license material from Cake;
(c) show any material from Cake in public;
(d) exploit material from Cake for a commercial purpose; or
(e) redistribute material from Cake.
3.6 Notwithstanding Section 3.5, you may redistribute newsletters, event notifications and any general Cake or course marketing information in print and electronic form to any person.
4. Acceptable use
4.1 You must not:
(a) use Cake in any way or take any action that causes, or may cause, damage to Cake or impairment of the performance, availability or accessibility of Cake;
(b) use Cake in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use Cake to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to Cake without our express written consent;
(e) access or otherwise interact with Cakee using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) violate the directives set out in the robots.txt file for Cake; or
(g) use data collected from Cake for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must not use data collected from Cake to contact individuals, companies or other persons or entities
4.3 You must ensure that all the information you supply to us through Cake, or in relation to Cake, is true, accurate, current, complete and non-misleading.
5. Registration and accounts
5.1 You may only connect to the Cake service using the website and mobile applications and software. Full use of the Cake service is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Service and it is your responsibility to ensure the equipment’s functionality
5.2 To be eligible for an account on Cake under this Section 5, we must have been notified by your employer that you have been authorised to access the Services
5.3 You may register for an account with Cake by completing and submitting the account registration form on Cake and clicking on the verification link in the email that Cake will send to you.
5.4 You must not allow any other person to use your account to access Cake.
5.5 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
5.6 You must not use any other person's account to access Cake.
6. User login details
6.1 If you register for an account with Cake, we will either provide you with or you will be asked to choose a user ID and password.
6.2 Full use of the Cake service requires that you create an account by providing us with information such as your full name, valid email address, username, job title, department and a strong password. You are responsible for the activity that occurs in association with your account. Honeyboot & Lemon Ltd or its Licensors are not liable for any loss or damages caused by failure to maintain confidentiality of your account credentials. Please contact firstname.lastname@example.org if you discover or suspect any security breach related to Cake or the Services or your account
6.3 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 8; you must not use your account or user ID for or in connection with the impersonation of any person.
6.4 You must keep your password confidential.
6.5 You must notify us in writing immediately if you become aware of any disclosure of your password.
6.6 If you are a resident of the European Union you have the right to delete your account with us by contacting Honeyboot & Lemon or the Licensor who you purchased the Services from. If you choose to permanently delete your account, the non-public personal data that we have associated with your account will also be deleted
7. Your Content: License
7.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, comments, scripts, software and files) that you submit to us or Cake for storage or publication on, processing by, or transmission via, Cake.
7.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media
7.3 You grant to us the right to sub-license the rights licensed under Section 6.2.
7.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 7.2.
7.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
7.6 You may edit your content to the extent permitted using the editing functionality made available on Cake.
7.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
8. Your Content: Rules
8.1 You warrant and represent that your content will comply with these terms and conditions.
8.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
8.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation (for clarity, your content must not name or otherwise allow for the identification of any other person);
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
9. Report Abuse
9.1 If you learn of any unlawful material or activity on Cake, or any material or activity that breaches these terms and conditions, please let us know.
(a) the completeness or accuracy of the information published on Cake;
(b) that the material on Cake is up to date; or
(c) that Cake or any service on Cake will remain available.
10.2 We reserve the right to discontinue or alter any or all of Cake services, and to stop publishing Cake, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the Services or hosting Cake.
10.3 To the maximum extent permitted by applicable law and subject to Section 11.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, Cake and the use of Cake.
11. Limitations and Exclusions of Liability
11.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
11.2 The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:
(a) are subject to Section 10.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
11.3 To the extent that Cake and the information and services on Cake are provided free of charge, we will not be liable for any loss or damage of any nature.
11.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. Further, we are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the Internet. You acknowledge that Cake may be subject to limitations, delays and other problems inherent in the use of such communications facilities. We do not warrant that your use of Cake will be uninterrupted or error-free.
11.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
11.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
11.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
11.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with Cake or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
11.9 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed £500.
12. Breaches of these Terms and Conditions
12.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to Cake;
(c) permanently prohibit you from accessing Cake;
(d) block computers using your IP address from accessing Cake;
(e) contact any or all of your internet service providers and request that they block your access to Cake;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on Cake.
13. Third Party Websites
13.1 Cake includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
13.2 We have no control over third party websites and their contents, and subject to Section 10.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
14.1 Cake, our logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
14.2 The third party registered and unregistered trademarks or service marks on Cake are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
15.1 We may revise these terms and conditions from time to time.
15.2 We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of Cake from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using Cake.
16.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
16.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
17. Third Party Rights
17.1 A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
18. Entire Agreement
18.1 Subject to Section 11.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of Cake and shall supersede all previous agreements between you and us in relation to your use of Cake.
19. Law and Jurisdiction
19.1 These terms and conditions shall be governed by and construed in accordance with English law.
19.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
20. Our Details
20.1 This Cake is owned and operated by Honeyboot & Lemon Limited.
20.2 Honeyboot & Lemon Ltd are experts in creating online learning experiences that build performance, confidence and capability. We use proven methods to motivate learners and create learning content that is engaging, compelling and challenging. We have developed the Cake Learning Platform to deliver individual learning journeys and maximise engagement.
20.2 We are registered in England and Wales under registration number 8932990, and our registered office is at 20 Rawcliffe Drive, York, North Yorkshire, YO30 6PE, United Kingdom.
20.3 You can contact us:
(a) by post, using the postal address given above;
(b) using Cake contact form;
(c) by telephone, on the contact number published on Cake from time to time; or
(d) by email, using the email address email@example.com.