WEBSITE TERMS AND CONDITIONS OF USE AND PRIVACY STATEMENT
1. WEBSITE DISCLAIMER
Welcome to the www.burlingtonenglish.in website (the “Website”). The Website is operated by Burlington English Training India Pvt Ltd., registered in India and its subsidiaries and associated companies (“we, “us”, or “our”). Our registered office is at: # 302 Pride Elite, # 10 Museum Road, Bangalore, 560 001, Karnataka, India and our GST registration number is 29AAGCB5616A1ZZ. The following paragraphs indicate what your visit to our website means both for us and for you.
These website terms and conditions (the “Terms”) bring together all our website policies, terms and conditions of use and other information about using the Website. The Terms also govern your use of the Website, our mobile application, and anywhere that these Terms are posted, in which case, the term “Website” herein covers the site or application on which these Terms are posted. Please read these Terms carefully. If you do not agree with these Terms, then please do not use the Website. If you do use the Website, then your conduct confirms that you agree to be bound by these Terms. We may change these Terms from time to time without notice to you in our sole discretion. If you use the Website after any such revisions take effect then you will be taken to have agreed to the revised Terms. These Terms were last updated on October 06, 2020.
ACCESS TO WEBSITE
We cannot guarantee the continuous, uninterrupted or error-free operability of the Website. Access to the Website is permitted on a temporary basis and we reserve the right to withdraw, modify or suspend the service we provide on the Website without notice. We will not be liable to you or any third party for any unavailability, modification, suspension or withdrawal of the Website, or any features, parts or content of the Website at any time for any period.
We may change the format and content of the Website from time to time without notice to you in our sole discretion. We cannot and do not guarantee that any content of the Website will be available or free from viruses and/or other code that may have contaminating or destructive elements.
REGISTERING AN ACCOUNT
When registering for an account on the website you warrant that all information you provide is true and accurate to the best of your knowledge and belief. We reserve the right to refuse to register any user without having to give reasons for such refusal. You are solely responsible for protecting your login details and password and we will not be held liable for any loss or damage that may result from your failure to do so.
Closing an account
If you wish to close an account you have registered with us, then you may do so by emailing our customer services team at [email protected] We may close your account at any time if we believe you are in breach of these Terms or if, acting reasonably, we believe it appropriate to do so. Should we close your account, we will provide you notice of such closure to the email under which you registered on the website. No refunds whatsoever will be paid to you under any circumstances.
Restrictions on Website Use
Except to the extent permitted by these Terms you are not allowed to:
use the Website and anything available from the Website for unlawful purposes;
attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to our Website;
reproduce, duplicate, copy or re-sell any part of the Website or anything available from the Website without our consent or in contravention of these Terms;
store pages of the Website on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the pages of the Website;
remove or change any content of the Website or attempt to circumvent security or interfere with the proper working of the Website or the servers on which it is hosted;
use the Website to knowingly transmit any data and/or 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; or
otherwise do anything not expressly permitted by these Terms.
We are the owner or licensee of all intellectual property rights in the Website and in any content of the Website (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos). You may only use any content of the Website for your personal, non-commercial use and may not reproduce, modify, transmit, licence or publish it, in whole or in part, for any purpose without our prior written consent.
In the event of any permitted copying, redistribution or publication of Website content, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not and will not acquire any ownership rights by downloading Website content.
Exclusion of liability
The information contained in the Website is only for informational purposes.
Nothing in these Terms shall exclude or limit our liability to you:
for death or personal injury caused by our negligence;
under the prevalent Consumer Protection Act;
for fraudulent misrepresentation; or
for any other liability that may not, under Indian law, be excluded or limited.
Subject to the above, in no event do we accept liability of any description (whether such liability arises as a result of breach of contract, negligence, misrepresentation or for any other reason), for any damages or losses whatsoever resulting from use of or inability to use this Website including, without limitation:
loss of business;
loss of revenue and / or earnings;
loss of profits;
loss of anticipated savings;
special loss; or
We make no warranty that this Website (or websites which are linked to this Website) or the server that makes it available is free from computer viruses or any other malicious or impairing computer program.
The pages in this Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.
We are a distributor (and not a publisher) of a small percentage of content on the Website and such content is supplied by third parties including information providers and users of the internet. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or users, or tutors or distributors are theirs and not ours. We do not necessarily endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the Website.
The information on the Website does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific educational, or other decisions of any sort. You should take your own advice and/or make specific enquiries and independently verify any information before relying upon it.
2. PRIVACY STATEMENT
The Website may contain hypertext links to other Internet sites which are completely independent of this Website. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such hypertext link or other Internet site, or that any such other Internet site (or websites which are linked to such other Internet site) or the server that makes it available is free from computer viruses or any other malicious or impairing computer program, and access to any other Internet sites linked to the Website is at your own risk. Linking to another website from the Website should not be taken as an endorsement of any kind. Although we endeavour to keep all links up to date, we cannot guarantee that these links will work all the time, and we have no control over the availability of external pages.
If you wish to link to the Website please contact the website manager at [email protected].
Forums, chat rooms and other public posting areas
Please note that any information you include in a message you post to any chat room, forum or other public posting area is available to anyone with Internet access. If you don’t want people to know your e-mail address, for example, don’t include it in any message you post publicly. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE (MALICIOUS OR OTHERWISE) BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS.
Collection and usage of non-personal data and Website data
When you visit the Website, we automatically gather and store the following information in order to track the use of our website:
The IP address from which the Website is accessed;
The name of the domain from which our visitors access the Internet;
The type of browser and operating system used to access the Website;
The date and time of your visit to the Website;
Mobile device information (e.g., hardware model, operating system version, device identifier, and mobile network information;
The pages, files, documents and links accessed during your visit; and/or
The internet address of the website from which you linked to the Website (i.e. the previous site you visited, which referred you to the Website).
We will not make any attempt to identify individual Website users or their particular browsing activities from the information listed above. The information listed above is stored and used in the aggregate only, in order to provide us with information about the general use of the Website. Our Website log files are analyzed in order to make improvements to the Website.
We are committed to striking a fair balance between your personal privacy and ensuring that you obtain full value from the products and services we provide via the Website, while ensuring that we comply with the Data Protection Act 1988 of India and prevalent acts or laws including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (the “SPDI”) Rules, as amended from time to time which states as follows:
Financial information such as bank account or credit card or debit card or other payment instrument details;
Physical, physiological and mental health condition;
Medical records and history;
Any detail relating to the above clauses as provided to us for providing services; and
Any of the information received under any of the above clauses by us
We also committed to follow the rules and regulations as prescribed in U.K. Data Protection Act 1998, and European GDPR.
Collection and use of personal data
Personal data is not stored nor captured through the Website without the prior knowledge and consent of users.
We may collect and process the following information about you:
information (such as your name, email and postal address, telephone number, job title and date of birth. We do not collect any bank data of the customers and only use certified third party agencies for any transactions. In any event such details are collected they shall be destroyed by us after use;
in connection with your account, your log-in and password details;
details of any transactions made by you through the Website;
communications you send to us, for example to report a problem or to submit queries, concerns or comments regarding the Website and its content;
information from surveys, promotions and competitions that we may, from time to time, run on the Website, if you choose to respond to, or participate in, them; and
technical information from your mobile device relating to the services you receive.
Any personal data that you give us will be treated with the utmost care and security. We will hold your personal information on our systems for as long as it is still used for the purpose stated when originally requested and subsequently be destroyed. We will only collect personal information which you knowingly and willingly provide, for example by sending emails or completing online forms.
We will use the personal information you provide to:
identify you when you sign in to your account and permit access into limited entry areas of the Website;
enable us to respond to your requests and process your orders and to provide you with the services and information offered through the Website which you request;
administer your account with us and notify you regarding changes and updates to the Website;
alert you to special offers, updated information, or new services from us or third parties;
fulfill the terms of a promotion;
to contact you in response to a sign up form such as the “Contact Us” form;
verify and carry out financial transactions in relation to payments you make online;
analyze the use of the Website and the people visiting in order to improve our content and services including research into our Users’ demographics and tracking of sales data; and/or
send you information we think you may find useful or which you have requested from us, including receipt of marketing communications such as our periodic newsletter.
Telemarketing and promotions of our and our partners/ customers products and services
We make every effort to ensure the secure collection, transmission and storage of personal data in accordance with the nature of such data. Please note that we reserve the right to share your personal data with third parties on a need to know basis.
You can tell us not to contact you with information regarding our products and services by following the unsubscribe instructions on any communications sent to you or by contacting us on [email protected]
Filming and photography
During the course or event, some filming or photography or recording may take place. The video footage or photographs are captured by members of the Burlington English team and used only by the Burlington English team as part of the Burlington English Learning materials, and in any marketing, or related endeavors.
If you participate in any filming or photographs during the course or registration process, by such participation you will be providing your consent to the release of your image, likeness and the sound of your voice. You will also be agreeing that the footage may be edited and used by Burlington English, in whole or in part, in all media, including, but not limited to, CD-ROM, DVD, Internet, television, radio and cable broadcast, and for all other purposes in perpetuity globally. You will not be compensated in any way for the use of your image, likeness and sound of voice and you release and hold harmless Burlington English from any claims or actions that arise as a result of this production.
If you do not wish to be filmed or photographed, please could you inform us in advance of the course if possible and also on the first day of the course.
Cookies are small pieces of information that include a unique reference code that a website transfers to your device to store and sometimes track information about you. A number of cookies we use last only for the duration of your web session and expire when you close your browser. Other cookies are used to remember you when you return to the Website and will last for longer. Cookies can therefore either be persistent or session based.
remember that you have used the Website before (this means we can identify the number of unique visitors we receive and allows us to make sure that we have enough capacity for the number of users we get);
allow you to navigate the Website more quickly and easily;
remember your login session so you can move from one page to another within the Website;
store your preferences;
Customise elements of the layout and/or content of the pages of the Website for you; and
collect statistical information about how you use the Website so that we can improve the Website.
Essential session management
Creating a specific log-in session for a visitor to our Website in order that the site remembers that a visitor is logged in and that his or her page requests are delivered in an effective, secure and consistent manner.
Recognizing when a visitor to the Website has visited before; this means we can identify the number of unique visitors we receive to the Website and allows us to make sure we have enough capacity for the number of users that we get.
Recognizing when a visitor to the Website is a registered member.
We may also log information from your computer including the existence of cookies, your IP address and information about your browser program in order to allow us to diagnose problems, administer and track your usage of the Services.
Customising elements of the promotional layout and/or content of the pages of the Website for example by storing a country code and providing users with content relevant to their country.
Collecting statistical information about how our visitors use the Website(s) so that we can improve the Website(s) and learn which parts are most popular to visitors.
We employ Google analytics. You can opt out of Google analytics by going to https://tools.google.com/dlpage/gaoptout and following the instructions.
Third party advertisers
We may use advertisers, third party ad networks, and other advertising companies, to serve advertisements on the Website. Please be advised that such advertising companies may gather information about your visit to the Website or other sites (such as through cookies, web beacons and other technologies) to enable such advertising companies to market products or services to you, to monitor which ads have been served to your browser and which web pages you were viewing when such ads were delivered. If you would like more information about this practice and to know your choices please visit http://www.networkadvertising.org/managing/opt_out.asp. PLEASE NOTE THAT THIS PRACTICE DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH ADVERTISING COMPANIES.
Sharing of Personal data
We may share or disclose your personal information in the following instances:
To fulfill a service to you. For example, if you request a product or service from us, we may share your personal information in order to provide the product or service to you. In addition, if you email us a question, we may use your email address to process your request and respond to your question. Also, if you are entering a sweepstakes or contest, we may use your personal information in order to fulfill the terms of that promotion. This means that we may share the information for prize fulfillment purposes or mail carriers. We also may share your information with the co-sponsor of that promotion.
To affiliates, strategic partners, agents, third party marketers or other unaffiliated parties who are offering products or services that we believe may be of interest to you or who require your personal information for research, administrative and/or internal business purposes. These parties may use your personal information to contact you with an offer or advertisement related to a product or service, or they may use such information for their own research, administration or business purposes. IN THE EVENT IF YOU DO NOT WANT US TO SHARE YOUR PERSONAL INFORMATION IN THE MANNER MENTIONED HEREIN, PLEASE DO NOT PROVIDE US WITH SUCH INFORMATION.
To unaffiliated third-party service providers, agents or independent contractors who help us maintain our Website and provide other administrative services to us (including, but not limited to, order processing and fulfillment, debt collection, providing customer service, maintaining and analyzing data, sending customer communications on our behalf, and entry collection, winner selection and prize fulfillment for contests, sweepstakes and other promotions). We seek to ensure that these unaffiliated third parties will not use the personal information for any other purpose than to provide the administrative services for which they are responsible. Because such unaffiliated third-party service providers that help us administer our Website will have access to users’ personal information, if you do not wish for our unaffiliated third-party service providers to have access to your information, please do not register or submit any personal information to us.
To fulfill your order. If you choose to make a purchase on the Website, we may collect from you your credit card number, billing address and other information related to such purchase, and we may use such collected information in order to fulfill your purchase. We may also provide such information, or other personal information provided by you, to unaffiliated third parties as necessary to complete your purchase (for example, to process your credit card).
To comply with the law or in the good faith belief that such action is necessary in order to conform to the requirements of law or comply with legal process served on us, protect and defend our rights or property or act in urgent circumstances to protect the personal safety of our end users.
To third parties as part of any corporate reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets.
To track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties.
To protect against potential fraud, we may verify with third parties the information collected from our Website. In the course of such verification, we may receive personal information about you from such services. In particular, if you use a credit card or debit card to purchase services with us, we may use card authorization and fraud screening services to verify that your card information and address matches the information that you supplied to us, and that the card has not been reported as lost or stolen.
Except as described in these Terms or at the time we request the information, we do not otherwise use, share or otherwise disclose your personal information to any third parties.
This Website does not knowingly collect personal information from children under the age of 13. If we learn that we are in possession of such information, we will delete it.
We have security measures in place to attempt to protect against the loss, misuse and alteration of personal information under our control. For example, our security and privacy policies are periodically reviewed and enhanced as necessary and only authorised personnel have access to personal information. Whilst we cannot ensure or guarantee that loss, misuse or alteration of information will never occur, we use all reasonable efforts to prevent it.
While we strive to keep the information that you supply directly or indirectly secure, please be aware that the Internet is not a fully secure medium.
Data Storage and international transfers
Information that you submit via the Website is sent to and stored on secure servers that may be located in India or the United Kingdom but may in some circumstances be transferred to countries outside the European Economic Area (“EEA”). By way of example, this may happen if one or more of our servers are from time to time located in a country outside the EEA or one of our service providers is located in a country outside the EEA. If we transfer your information outside the EEA in this way, we will take steps to ensure that your privacy rights continue to be protected. By submitting information via the Website, you agree to this storing, processing and/or transfer.
Access to personal data
You may request a copy of all the personal information about you held by us. On request, we will provide you with a copy of this information subject to a fee not exceeding the prescribed fee permitted by law. You also have a right to correct any errors in that information. Should you request that we amend or suppress records containing your personal data, we will endeavor to do so as promptly as practical. However, you may receive communications for a transitional period while we process your records.
We communicate with users who subscribe to our services on a regular basis via email and/or text message. For example, for e-mail marketing, we may use your e-mail address to confirm your request, to send you notice of payments, to send you information about changes to our products and services, and to send notices and other disclosures as required by law. Generally, users cannot opt-out of these communications, but they will be primarily informational in nature rather than promotional. If we have the facility and you provide your mobile phone number we may provide information by text message. Additionally, we may send automated text messages and or call you. By signing this agreement and providing your mobile phone, please note that you have consented to receive calls, autodialed and/or pre-recorded telemarketing text messages or non-automated messages from or on behalf of us and our affiliated companies at the telephone number you provided. You further understand that consent is not a condition of purchase and that message and data rates may apply.
We provide you the opportunity to exercise an opt-out choice if you do not want to receive certain types of communication from us, such as emails or updates from us regarding new services and products offered on this Website or if you do not want us to share your personal information with third parties. For e-mails, the opt-out choice may be exercised by ticking or un-ticking the appropriate box if such checkbox is available at the points where information is collected or by contacting us. We will process your unsubscribe as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed. You also may opt-out of receiving such emails by clicking on the “unsubscribe” link within the text of the email. You may also opt-out by sending us an email at [email protected]. Additionally, an opt-out will not remove you from messages that we are required to send under relevant laws or regulations. You may ask us not to contact you by text message at any time by responding to a text message after it is received. For automated text messages, you will have the opportunity to opt-out by replying “STOP” to any message received. Please note that you hereby consent to receiving a confirmatory message in response to any opt-out request.
If we fail to enforce, or delay in enforcing, any of our rights under these Terms, that does not result in a waiver of the rights concerned.
If any provision of these Terms or any other terms incorporated by reference is found to be unenforceable, it shall not affect the enforceability of any other provisions contained herein.
No terms are enforceable under the Indian Contract Act 1872 (read with prevalent amendments) by a person who is not a party to the agreement between us.
You may not sub-license or assign any of the rights or obligations under these Terms.
We may sub-contract the performance of any of our obligations to you. We may assign any of our rights or obligations to you to someone else, provided that we notify you that we have done so.
Law governing the Terms
Uses of this Website and these Terms shall be subject to the laws of India which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use.
Jurisdiction and Disputes
The Delhi High Court shall have exclusive jurisdiction over all claims and disputes arising in relations to, out of or in connection with this Website and its use and these Terms.
You agree that disputes, if any shall be resolved through arbitration as stipulated Arbitration and Conciliation ( Amendment) Act 2019 of India.
You and us both agree that no lawsuit dispute or any other legal proceeding connected with these Terms shall be brought or filed more than six months after the incident giving rise to the claim occurred.
Please submit any questions you have about these Terms or any problems concerning the Website by emailing us at [email protected].
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