AFIS U.K. Ltd – Website Terms & Conditions

1. Introduction

This page sets out the terms and conditions on which you may use www.afis.org.uk and the content, including text and images, you will find upon that site's pages ("AFIS™ content"). We only make these terms and conditions available in the English language.

In these terms we use the term "AFIS™ site" to refer to our website at www.afis.org.uk and our mobile and online digital apps and services.

References in these terms and conditions to "AFIS™" (or "we", "us" or "our") refer to AFIS (U.K.) Ltd a company registered in England & Wales with 12635667, whose registered address is 12 Fratton Road, Portsmouth, PO1 5BX, United Kingdom

Personal members: These terms apply to your use of www.afis.org.uk and all AFIS™ content irrespective of the delivery platform or device you use to access it. By accessing AFIS site you are agreeing to these terms and conditions. If you do not agree with the terms and conditions you should not use AFIS™ site or any AFIS™ content and should cancel any membership in accordance with your cancellation rights (see Section 6 below). If you have any questions please contact hello@afis.org.uk.

We strongly recommend that you read these terms and conditions in their entirety. For further details of our membership and membership options, please see www.afis.og.uk.

Users with access under an organisation's membership agreement: Your continued access is primarily governed by the membership agreement of the organisation through which you are able to use AFIS™ site. Sections 4 to 6 below are not applicable to such users. The remaining terms and conditions apply to your use of AFIS™ site or AFIS™ content. By accessing www.afis.org.uk you are agreeing to these terms and conditions. If you do not agree with these terms and conditions, then you should not use AFIS™ site or any AFIS™ content.

All users: AFIS (U.K.) Ltd may update these terms and conditions for legal or regulatory reasons, or to reflect changes in our services or business practices. We will provide notice of any significant changes in Section 13 below. You should regularly check Section 13 to see if any changes have been made. If you are an AFIS (U.K.) Ltd member, any changes to our terms and conditions will become effective from the date of your next payment following the change unless we notify you otherwise. If you are not an AFIS (U.K.) Ltd member, any changes will become effective as soon as we post them on www.afis.org.uk.

We may in exceptional circumstances cease to publish AFIS™ site, AFIS™ content or cease to provide membership services. We will give you at least 60 days' notice of this, if possible. If we do so, then we will have no further obligation to you, unless you are a personal member in which case we will offer you a refund of the unexpired period of your paid membership. See Section 5 for details.

2. Access and Use

You agree that you will comply with our Copyright Policy. Individuals or Organisations that may be using AFIS™ content without the appropriate permissions may approach us with a view to discussing the purchase of a licence to legitimise that use.

The amount and types of AFIS™ content that you can view depend on what type of user you are and what type of membership (if any) you have. We can vary the access rights of registered users who are not accessing through a paid membership at any time at our discretion. If you already have a membership, details of your access rights can be found on your Membership dashboard page on www.afis.org.uk.

3. Privacy Policy and Registration

All information received by us from your use of AFIS™ site will be used by AFIS (U.K.) Ltd in accordance with our Privacy Policy. Please read this for details of how we may process your personal data.

On taking out Membership, you must provide AFIS™ with accurate, complete registration information and it is your responsibility to update and maintain changes to that information on the applicable AFIS™ membership pages. AFIS™ is entitled to rely on any information you provide to us.

Each Family Membership is for up to 10 users ("Associate Members"). On sign-up, you will choose a username and password. The email address that you provide on sign-up must correspond to a named email account and not a generic or shared email account. You are not allowed to share your username or give access to AFIS™ content through your username to anyone else. AFIS™ does not allow multiple users on a network or within an organisation to use the same username. AFIS™ may cancel or suspend your access to AFIS™ site if you share your username without further obligation to you. You may not create additional registration or membership accounts for the benefit of others or with the aim of avoiding our use of usernames to control access to and use of www.afis.org.uk.

You are responsible for all use of AFIS™ site made by you or anyone else using your username and for preventing unauthorised use of your username. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your username or any payment information, you must notify AFIS™ immediately by e-mailing us at hello@afis.org.uk.

If you provide AFIS™ with an email address that will result in any messages AFIS™ may send you being sent to you via a network or device operated or owned by a third party (e.g. your employer or colleague) then you confirm under law that you are entitled to receive those messages. You also agree that AFIS™ may stop sending messages to you without notifying you.

If you are a member of AFIS™ site then you may choose to use AFIS™ site's "Remember me" login feature that enables you to be logged in automatically to AFIS™ site whenever you visit AFIS™ site without having to manually log in each time. We recommend that you do not enable this feature on any computer that is or may be used by anyone other than you in order to prevent unauthorised access by third parties to both your membership details and features of AFIS™ site personal to you.

4. Personal Membership Services and Trial Memberships

We offer membership services through AFIS™ site and recommend that you read www.afis.org.uk/families before purchasing a membership.

Types of membership:

Unless you purchase a membership to use AFIS™ site then your usage rights will be limited. AFIS™ reserves the right to vary the amount of content and types of service that it makes available to different categories of user. If you are an AFIS™ site member, any significant reduction in the scope of your membership will take effect only after we have given you at least 30 days' notice, and will apply from the date of your next payment following that 30-day period. This does not apply where a type of content or service intended for Members is made available to non-subscribing users on an introductory, temporary or trial basis.

Contract formation:

AFIS™ will try to process your membership promptly but does not guarantee that your membership will be activated by any specified time. By submitting your payment and other membership details, you are making an offer to us to buy a membership. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment details and email address, at which point we will provide you with access to your membership. AFIS™ reserves the right to reject any offer in its discretion, for any or no reason.

Payment details:

When you purchase a membership, you must provide us with complete and accurate payment information. By submitting payment details you promise that you are entitled to purchase a membership using those payment details. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to your membership. In suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties. If you are entitled to a refund under these terms and conditions we will credit that refund to the card or other payment method you used to submit payment, unless it has expired in which case we will contact you.

Pricing:

The membership price will be made clear to you on our sign-up pages or otherwise during the sign-up process and may vary from time to time or by country. You agree to pay the fees at the rates notified to you at the time you purchase your membership. For certain memberships you can take out either an annual or monthly (or other frequency we offer) membership. Other membership services may only require a one-off payment. You can also take out any other fixed term or payment frequency that we may offer from time to time. The currency in which your membership is payable will be specified during the order process, depending on the service and your country of residence; however, generally it will be in GB Pounds sterling. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your membership. We will always tell you in advance of any increase in the price of your membership and offer you an opportunity to cancel it if you do not wish to pay the new price.

Taxes:

AFIS™ (U.K.) Ltd is registered for VAT in the United Kingdom. Our UK VAT registration number is XXXXXXX. Unless otherwise indicated, prices stated on our website are inclusive of any applicable value added tax (VAT) or other sales taxes.

Pricing errors:

If we incorrectly state a price to you whether online or otherwise, we are not obliged to provide you with a membership at that price, even if we have mistakenly accepted your offer to buy a membership at that price, and we reserve the right to subsequently notify you of any pricing error. If we do this, you may cancel the membership without any obligation to us and we will refund you any money you have paid us in full, or you may pay the correct price. If you refuse to exercise either of these choices then we may cancel your membership and will refund you any money you have paid us in full. We will always act in good faith in determining whether a genuine pricing error has occurred.

Other costs:

In addition to the membership fee you are charged, certain banks and credit card issuers will charge a foreign transaction fee on transactions which take place abroad or in a foreign currency. The majority of payments for memberships we take by card are processed in the United Kingdom therefore please check with your bank or credit card issuer to find out if such charges will be applied to you; AFIS™ is not responsible for any such charges. You are also responsible for paying any internet connection or telecommunications charges that you may incur by accessing AFIS™ site or using the services available on it. For example, if you use any of our mobile services then your network operator may charge you for data or messaging services.

5. Renewal and Cancellation of Personal Memberships

Renewals:

Your membership will automatically renew on the anniversary of you joining. If wish to cancel, please notify AFIS™ 4 weeks before renewal. AFIS™ will notify you 4 weeks before your renewal date and will also confirm any changes to the price of membership at that time. Please see the "How to cancel" section below for details of how to cancel your membership. Unless you notify us before the end of your annual membership period that you no longer wish to receive it, your annual membership will renew for another year. We will charge the membership using the same card or other payment method that you previously used.

Cancellation of your membership:

Except as set out in the previous section, you do not have any right to cancel your membership or any part of it until the end of your then current membership period. Although you may notify us of your intention to cancel at any time, such notice will only take effect at the end of your then current membership period, and you will not receive a refund (except in the limited circumstances set out in these terms).

How to cancel:

You may notify us of your wish to cancel your membership by email to hello@afis.org.uk with the following email subject: "CANCELLATION OF MEMBERSHIP". Please then include:
• The member's full name (person on the billing information if different from the user)
• The Account email address or Membership number
• The billing address or delivery address (Including postcode)
• Your contact telephone number

Cancellations by us:

AFIS™ reserves the right to suspend or terminate your membership if you breach these terms and conditions, with or without notice and without further obligation to you. We may also suspend or terminate your membership if we are prevented from providing services to you by circumstances beyond our control. If we terminate your membership for any reason and/or permanently cease operating AFIS™ site, delivery of AFIS™ content or cease to provide membership services then, unless there are exceptional circumstances, we will provide you with a pro rata refund to your credit card. This means that we will refund you with any amounts that you have paid us in advance that relate to any remaining and unexpired period of your membership.

AFIS™ reserves the right to suspend or terminate your membership without refund in the event of any verbal or written abuse of any kind (including abusive, offensive or aggressive language) directed towards any personnel employed by, or under contract to, AFIS™ (U.K.) Ltd.

6. Who Your Personal Membership Contract is with

If you buy an AFIS™ membership, then you will be contracting with AFIS™ (U.K.) Ltd, a UK company whose registered business address is 12 Fratton Road, Portsmouth PO1 5BX, United Kingdom. These terms and conditions apply for the benefit for any entities who may rely on them and/or enforce them in their own right.

7. User Generated Content

AFIS™ site may, in the future, include comments sections, blogs and other interactive features that allow interaction between users and between users and AFIS™ personnel. We will define interaction received from users as "User Generated Content" or "UGC".

If you wish to view or participate in any interaction on AFIS™ site, then you are responsible for all the content of any of your UGC that you or we publish. You are financially responsible to us for any claim against us by any third party that your UGC is not in accordance with the bullet points below or that otherwise relates to your UGC.

You agree that you will:

• only publish UGC that is your original content and will not infringe the copyright or other rights of any third party when publishing UGC.
• not post, link to or otherwise publish any UGC containing any form of advertising or promotion for goods and services or any spam or other form of unsolicited communication.
• not post, link to or otherwise publish any UGC that is threatening, offensive, libellous, indecent or otherwise unlawful.
• not post comments that are discriminatory in nature, for example, comments which make attacks on the grounds of race, religion, sex, gender, sexual orientation, disability or age.
• respectfully challenge different points of view but not personally attack other commentators.
• not disguise the origin of any UGC and not impersonate any person or entity (including AFIS™ employees or other UGC contributors) or misrepresent any connection with any person or entity.
• not post or otherwise publish any UGC unrelated to the business of AFIS™ or relevant to your specific discussion.
• not post or transmit any UGC that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of www.AFIS™.org.uk or any computer software or equipment.
• not collect or store other users' personal data.
• not restrict or inhibit any other user from their interaction with www.afis.org.uk.

Any UGC submitted is submitted by users over whom AFIS™ has no control so we cannot therefore guarantee the accuracy, integrity or quality of any UGC. Some users may not behave properly and may post UGC that is misleading, untrue or offensive.

It is not possible for AFIS™ to fully monitor all UGC published on AFIS™ site but where we have actually received notice of any UGC that is potentially misleading, untrue, offensive, unlawful, infringes third party rights or is potentially in breach of these terms and conditions, then we will review that UGC, decide whether to remove it from AFIS™ site and act accordingly. This may include banning a user from participation in UGC on AFIS™ site.

You will retain ownership of the copyright in any of your UGC that you or we publish on AFIS™ site so you are free to re-use it as you wish. You agree that if you post UGC to AFIS™ site then you are granting AFIS™ a right (but not an obligation) unlimited in time to publish, re-use, archive, modify, delete or commercially exploit that UGC in whole or in part as we see fit, whether on AFIS™ site or otherwise, without any requirement to pay you for this and with or without attribution to you. This means that you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free licence to use any UGC you publish in whole or in part in any manner and for any purpose whatsoever and without further obligation to you. You also waive any moral rights that you may have in regard to the UGC.

8. Third Party Sites and Services

AFIS™ site may contain links to other Internet websites or online and mobile services provided by independent third parties, including websites of our Member Schools and Brand Partners (what we call "Third Party Sites"), either directly or through frames. It is your decision whether you use or purchase any third party products or services made available on or via Third Party Sites and you should read Section 9 below carefully. Our Privacy Policy does not apply to Third Party Sites.

9. Our Responsibilities To You

A summary of what this section means: this section is important and you should read it carefully. It makes clear to what extent, if any, AFIS™ accepts responsibility (liability) to you for your use of AFIS™ site or AFIS™ content or in respect of any third party products or services that we refer to or link to on AFIS™ site. Unless you are a personal member to AFIS™ site or have a Trial, we accept no financial responsibility to you arising from your use of AFIS™ site or AFIS™ content. If you are a personal member to AFIS™ site or have a trial membership, we limit our financial responsibility to you arising from your use of AFIS™ site or AFIS™ content to the price you paid for your membership or Trial membership.

In no circumstances do we accept responsibility for your use of Third Party Sites or in respect of any Third Party Products. By Third Party Sites we mean websites, online or mobile services provided by third parties that may appear on AFIS™ site. By Third Party Products we mean products or services provided by third parties, including School members.

Limitations of AFIS™ content

AFIS™ content (including any information we publish regarding Third Party Products) is only for your general information and educational research purposes and is not intended to address your specific requirements. In particular, AFIS™ content, including UGC and any other content provided by third parties and distributed by AFIS™ site, does not constitute any form of guarantee, recommendation, representation, endorsement or arrangement by AFIS™. Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) AFIS™ site are at your own responsibility and entered into at your own risk. Any information that you receive via AFIS™ site, whether or not it is classified as current, may have stopped being current by the time it reaches you.

What we promise and what we do not promise

AFIS™ promises to develop and operate AFIS™ site with reasonable skill and care and will use reasonable efforts to promptly remedy any faults of which it is aware.

AFIS™ does not provide any other promises or warranties about AFIS™ site and AFIS™ content. AFIS™ site and AFIS™ content are provided on an "as is" and "as available" basis. This means that AFIS™ does not make any promises in respect of AFIS™ site or the services and functions available on or through AFIS™ site or of the quality, completeness or accuracy of the information published on or linked to from AFIS™ site other than as expressly stated above.

The above disclaimers apply equally to your use of AFIS™ site and all AFIS™ content. Without limiting the above, AFIS™ is not liable for matters beyond its reasonable control. AFIS™ does not control third party communications networks (including your internet service provider), the internet, acts of god or the acts of third parties.

Where you are engaging the Services of AFIS™'s Advisory team, AFIS™ will rely on information provided by you to us when forming the basis of its advice to you. It is important that the information provided by you to AFIS™ is accurate, current and relevant. AFIS™ can only make recommendations to you based on that information. AFIS™ will offer recommendations from an independent position and will inform you of any relevant conflicts of interest, should any arise.

Our financial responsibility to you

You agree that if we are in breach of these terms and conditions, we will only be responsible to you for any damages that you incur arising out of your use of AFIS™ site or AFIS™ content (to the extent that AFIS™'s liability is not otherwise excluded by this section 9) as follows:

• If you incur any loss as a result of using AFIS™ site or AFIS™ content outside the scope of these terms and conditions, AFIS™ accepts no responsibility (liability) to you for this.
• You will be responsible for all claims, liabilities, damages, cost and expenses suffered or incurred as a result of your breach of these terms and conditions.
• AFIS™ will only be responsible for loss or damage you suffer which is the reasonably foreseeable result of AFIS™'s breach of a legal duty of care owed to you, but in no event shall the liability of the AFIS™ or its affiliates exceed the amount, if any, paid by you to the AFIS™ for the particular membership product to which the claim relates.
• If you have a personal membership then you may terminate your membership immediately in writing to AFIS™ if AFIS™ site is unavailable or inaccessible to you for either (a) more than 3 consecutive days during your membership; or (b) more than 5 days in a 30 day period, as a result of the fault or failure of AFIS™, in which case we will refund you any amount that you have paid to us in advance that relates to any period which was still to run on your membership. You may instead at your option receive a renewal to your membership free-of-charge at the point of renewal.

The limitations of liability in this section 9 apply for the benefit of AFIS™, its affiliates and all of their respective officers, directors, employees, agents or any company who we transfer our rights and obligations to in accordance with these terms and conditions. To the full extent permitted by law you acknowledge and agree that our third party content and data suppliers have no liability whatsoever to you in respect of any of their data supplied to you as part of the AFIS™ content.

10. Law and Jurisdiction

These terms and conditions will be subject to English law. Both you and we agree that the courts of England will have non-exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions.

11. General

You may not license or transfer any of your rights under these terms and conditions. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which will remain in full force and effect.

Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.