Welcome to Boutros Bear
We are delighted that you have chosen Boutros Bear to help with your on-line health and fitness. The following pages create the terms and conditions of a contract between you and us which covers (a) your use of our website and (b) how we make our learning programme available to you.
Whilst the full terms and conditions of this contract are set out further below, we have summarised the key terms of the contract as follows. Please note that this summary does not form part of our contract and if there is any conflict then you will need to rely on the contract itself.
(a) Website use
- We are licensed to use all the content on our website. Generally, the content is owned by our Partner Institutions, but we control access to it. Please respect the content and the access in the same way you would expect your friends and visitors to respect items of property at your place.
- You are not allowed to commercialise our website or the content on it (ie you are not allowed to make money or attract advertising to another business by using our website).
- You can share our Homepage URL with others but if you only link to part of our website or copy and paste parts of it you have to acknowledge where the content comes from.
- We are not responsible for the content or any viruses etc on sites that we may link to.
(b) Registering on our Courses
- You may only use the content on our platform for your own personal or business learning and you are not allowed to adapt it or distribute any of it to anybody else.
- You may be able to post your own content on our site. We don’t make any claim to ownership of that content but you do give us a licence to use, exploit and sublicense it for any purposes associated with the provision of the website or the course. You are responsible for making sure the content of what you post does not infringe the copyright or other rights of third parties and you may be liable to them and to us for any loss or damage that they or we suffer for content you publish which infringes the rights of others.
- The content we provide on our platform is owned by us or by our Partner Institutions. You have no rights over that content except as provided in the contract.
The following terms and conditions (the “Terms”) apply to our provision and your use of the information, services and materials (“Online Content and Courses”) through the Boutros Bear website (the “Website”) including you visiting and browsing the Website (being a “Visitor”) and registering with Boutros Bear as a user (a “User”).
These Terms should be read alongside, and are in addition to our policies, including our privacy and cookies policies (the “Policies”).
Please read these Terms carefully. These Terms are not negotiable. If you do not agree to them, you must stop using the Website and the Online Content and Courses immediately.
1. About Us
1.1 In these Terms, references to “we” or “us” are to Boutros Bear, a Subsidiary of Bosom Buddies Ltd , a company incorporated in England and Wales (registered number 11509447) whose registered address is at 36 Queens Road,Newbury, Berkshire, RG14 7NE, UK. 1.2 In these Terms, references to “you” or “your” are references to you whether as a User-or Visitor.
1.2 Boutros Bear offers Online Content rom other providers from across the world (“Partner Institutions”).
1.3 If you have any questions about these Terms or wish to contact us for any reason please click on contact which can be found on the Website.
2. Using the Website (User conduct)
2.1 By using this Website and the Online Content, you confirm that you have read, agree and are in compliance with these Terms and the Policies (each as amended from time to time). Use of the Website and access to the Online Content by anyone under the age of 18 is strictly prohibited.
2.2 Your use of and access to this Website and the Online Content are subject to the following conditions (“Acceptable Use Conditions”), and you agree that failure to comply with any one of the Acceptable Use Conditions will constitute a breach of these Terms. The Acceptable Use Conditions are as follows:
- You agree to use the Website and access the Online Content only for lawful purposes and your use of the Website and Online Content is in no way unlawful or fraudulent, and does not have the intention or effect of damaging us or our Institutional Partners either reputation ally or financially;
- You agree not to use or access the Website or the Online Content for the purpose of harming or attempting to harm minors in any way;
- You agree not to distribute all or any part of the Website or Online Content in any medium without our prior written consent, unless such distribution is offered through the functionality of the Website and permitted by these Terms including, without limitation, under section 6.11;
- You agree not to alter or modify any part of the Website or the Online Content;
- You agree not to access the Website or Online Content through any technology other than the software provided by us or enabled via API’s or other generally available third-party web browsers such as Chrome, FireFox, Safari or Internet Explorer;
- You agree not to (and will not attempt to) circumvent, disable or otherwise interfere with any security related features of the Website or any features that (i) prevent or restrict use or copying of content or (ii) enforce any limitations on you, the use of the Website or access to the Online Content;
- You agree not to knowingly transmit any data or send or submit any content that contains viruses, Trojan horses, worms, time-bombs, key-stroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- You agree not to use or access the Website or Online Content for any commercial uses or for the benefit of any third party, including but not limited to:
- the sale of access to the Online Content or any associated content;
- the solicitation of business in the course of trade or in connection with a commercial enterprise; and
- the solicitation of any Visitors or Users of the Website with respect to their content for commercial purposes;
- You agree to use the Website and access the Online Content in a way which does not infringe the rights of third parties or restrict or prevent anyone else’s use and enjoyment of the Website, Online Content;
- You agree not to ask for, collect or harvest any personal data of any Visitor or User of the Website or Online Content;
- You agree not to post, upload, email or otherwise transmit to or otherwise cause us to email, transmit or otherwise distribute chain letters, surveys or studies, calls to action, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes;
- You will not copy, reproduce, create derivative works of, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained on the Website (including without limitation the Online Content) for any other purpose other than as permitted by these Terms without our prior written consent;
- You agree not to use the Website or the Online Content in any manner intended to damage, disable, overburden or impair any Boutros Bear server or the network(s) connected to any Boutros Bear server, or infringe any requirements, procedures, policies or regulations of any servers or networks connected to the Website;
- You agree not to use any high volume, automated, or electronic means to access the Website or the Online Content (including without limitation robots, spiders or scripts);
- You agree not to frame the Website or the Online Content, place pop-up windows over its pages, or otherwise affect the display of its pages;
- You agree not to access or attempt to access any other Visitor or User’s account or falsely state, impersonate, or otherwise misrepresent your identity, including but not limited misrepresenting your affiliations with a person or entity, past or present;
- You agree not to force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Website; and
- You agree not to send, knowingly receive, submit, download, use or re-use any material which does not comply with these Terms and the Policies).
2.2 You agree to comply with these Terms in relation to any User Content (as defined in paragraph 6.1 below) provided by you in connection with the Online Content and in connection with the ability to post messages (as further detailed in paragraphs 6.6 to 6.9 below).
2.3 We grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions, either generally or in specific cases.
2.4 You acknowledge and agree that the form and nature of the Website and Online Content which we provide may change from time to time without prior notice to you.
2.5 Whilst we do all we can to ensure that the Online Content are of a high standard, you understand and acknowledge that, in using the Website and Online Content, you may be exposed to content from our Partner Institutions that is factually inaccurate, offensive if taken out of context, indecent to certain people, or otherwise objectionable to you. We are not responsible (legally or otherwise) for any claims you may have against us in relation to this type of content.
2.6 You acknowledge and agree that we may stop (permanently or temporarily) providing the Website, Online Content (or any part of the Online Content) to you or to Users generally for whatever reason, at our sole discretion, without prior notice to you.
2.7 You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences of that breach (including, but not limited to, any loss or damage which we or any third party may suffer).
3. Registration and Accounts
3.1 Any Visitor can view the Website, but in order to participate fully in all activities on the Website and take part in the Online Content, you must register for a personal account on the Website (a “User Account”) by providing a name, an email address and a password. You agree that you will never divulge or share access or your access information to your User Account with any third party for any reason.
3.2 In setting up your User Account, you may be prompted or required to enter additional information, including date of birth, location and any other information that will help other Learners get to know you and help us to tailor the services to suit you.
3.3 You undertake to us that all information provided by you in relation to your User Account is and will continue to be accurate, current and complete at all times and that you will maintain and update your information to keep it accurate, current and complete.
3.4 By registering with Boutros Bear for a User Account, you agree (in addition to the Acceptable Use Conditions above) that you:
(a) are, and will continue to be, registered for the Website only once and will not set up multiple User Accounts;
(b) will not let anyone else use your User Account;
4. Course Providers
4.1 Your access to such Online Content may be provided to you through your User Account. You acknowledge and agree that any Online Content and Courses affiliated with a Course Provider may be subject to terms, policies and procedures of the applicable Course Provider in addition to these Terms.
- the Partner Institution may have its own terms, policies or procedures regarding your eligibility to participate in the Online Content
4.2 We and the Course Administrator reserve the right to cancel, interrupt or reschedule any Online Content or modify, revise, or alter its content, as well as the associated values, and other evaluations of progress without cause or notice to you.
5. Licence to use
5.1 Subject to your compliance with these Terms, we grant you a fully revocable, worldwide, non-exclusive, non-transferable, non sub-licensable limited right and licence:
- to access, internally use and display the Website and Online Content as an individual only at your location solely as necessary to browse and/or participate in the Online Content and Courses as permitted by these Terms; and
- to download permitted content from the Online Content so that you may exercise the rights granted to you by these Terms.
5.2 You must abide by all copyright notices or restrictions contained on the Website or the Online Content. You may not delete any attributions, legal or proprietary notices on the Website or the Online Content.
6. Copyright Policy
6.1 It is our policy that any content included on the Website or within the Online Content that infringes, or is likely to infringe, the intellectual property rights of any third party will be removed from the Website as soon as possible after we are made aware of such infringement or potential infringement.
6.2 If you are the owner of intellectual property rights, or are authorised to act on behalf of an owner, or authorised to act under any exclusive right, you should report any alleged infringements of your intellectual property rights taking place on or through the Website by emailing a Copyright Infringement Notice to Bosom Buddies Ltd, 36 Queens Road, Newbury, Berkshire, RG14 7NE, United Kingdom.
6.3 We will take whatever action, in our sole discretion, we deem appropriate, including the removal of the challenged content.
6.4 When you notify us in accordance with paragraph 7.2, your written Copyright Infringement Notice must contain the following:
- statement telling us you believe that you have found content on the Website which you believe infringes your intellectual property rights;
- which country your intellectual property rights apply to;
- the title of the content concerned and the full URL for access to that content;
- statement explaining how the content infringes your intellectual property rights;
- your mailing address, telephone number and email address so that we can contact you;
- a statement that the information contained in the notice is accurate and that you are the owner of the intellectual property rights or have an exclusive right in law to bring infringement proceedings in respect of its use; and
- your signature (an electronic signature is sufficient)
7. Privacy and Security
8. Linking to Other Sites
8.1 The Website may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale.
8.2 We do not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that:
- we have no responsibility for the accuracy or availability of information provided by Linked Sites; and
- we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising or other materials presented on such Linked Sites.
8.3 We may remove any links to Linked Sites from the Website at any time for any reason.
8.4 We will not be liable for any transactions conducted by you with third parties through any Linked Site or for any liability arising from any representations or information provided on such Linked Sites.
8.5 We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership between us and the operator of such Linked Site.
9. Boutros Bears’ Intellectual Property Rights
9.1 We are the owner or the licensee of all necessary intellectual property rights in all aspects of the Website and Online Content including but not limited to the technology, source code, all content, software, scripts, images, graphics and audio (the “Online Content IPR”). The Online Content IPR is protected to the fullest extent possible by copyright laws. All such rights are reserved. You agree that the Online Content and IPR remain the property of us or the licensor, as applicable, and that all updates and modifications to the Online Content IPR will vest in us or the licensor, as applicable. You also agree that you have no rights in or to the Online Content IPR other than the right to use it in accordance with the terms of the licence in paragraph 5 above. Unless otherwise stated, copyright in the Online Content belongs to the relevant Partner Institution providing the Online Content.
9.2 Other than any content submitted to the Website by you, we own or are licensed to use all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Website (“Boutros Bear IPR”).
10. Your Liability to Us
10.1 You indemnify and keep us fully indemnified from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by us resulting (directly or indirectly) from:
- you submitting User Content to the Website or participating in the Online Content;
- your access to or use of the Website or Online Content;
- your breach of any of these Terms; and
- any negligent act or omission, deliberate default or breach of statutory duty on your part.
10.2 Each indemnity in this paragraph is separate and independent from the other obligations in these Terms. Each of these indemnities is to remain fully effective despite any indulgence granted from time to time and despite any judgment or order.
10.3 This paragraph 11 survives the expiry of these Terms.
11. Our Liability to you
11.1 Nothing in these Terms affects any statutory rights that you are entitled to as a consumer.
11.2 The Website and the Online Content are provided to you “as is” and we make no warranty or representation to you with respect to them.
11.3 We exclude all representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law. We accept no liability for any special, indirect, incidental, consequential or economic loss, or any other losses, howsoever caused arising out of or in connection with these Terms. This includes (without limitation):
- any loss of profit (directly or indirectly);
- any loss of goodwill; and
- any loss of opportunity.
11.4 We provide the Online Content on the Website in good faith but give no warranty or representation that the Online Content are accurate, complete or up-to-date or that they will meet your requirements, nor that the Website does not infringe the rights of any third party. We accept no responsibility or liability for your use of Online Content on the Website and your use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Website, we accept no liability for them.
11.5 Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be timely, secure, uninterrupted or error-free and disclaim all liability in that respect to the greatest extent permitted by law.
11.6 We accept no responsibility for any loss or damage incurred by you as a result of:
- any reliance placed by you on the completeness, accuracy or existence of any information or advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Website or in relation to the Online Content
- any changes which we may make to the Website or Online Content, or for any temporary interruptions in the provision of the Website or Online Content;
- the deletion of, corruption of, or failure to store, any Online Content and other communications data maintained or transmitted by or through your use of the Website;
- your failure to provide us with accurate account information; or
- your failure to keep your account details secure and confidential.
11.7 We reserve the right to suspend your use of the Website and/or access to the Online Content at any time for operational, regulatory, legal or other reasons.
11.8 We may terminate your User Account or access/use of the Website with immediate effect:
- if we reasonably believe you or any Learner you are connected with are in breach of any of these Terms;
- in order to prevent any fraudulent, unlawful or abusive activity; or
- if it is necessary to prevent or stop any harm or damage to us, other Users of the Website or the general public
12. Governing Law
12.1 These Terms, your use and access to the Website, and all other policies issued by us whether referred to by us herein or not are governed by and construed in all respects in accordance with the laws of England and Wales.
12.2 Any or all disputes arising between you and us (whether contractual or non-contractual) in connection with your access and use of the Website, including as to the validity of these Terms or policy issued by us, will be subject to the exclusive jurisdiction of the courts of England and Wales. For any dispute between you and us, you agree that you will first attempt to resolve it with us informally. In the unlikely event that we are unable to resolve the dispute in this manner within 28 days of the dispute being notified in writing, we both agree to submit to the exclusive jurisdiction of the courts of England and Wales to resolve any such dispute.
12.3 Notwithstanding paragraph 13.2, you agree that we are permitted to apply for injunctive remedies (or any other types of interim relief) in any jurisdiction at any time.
13. Changes to the Website and these Terms
13.1 We may update or amend these Terms (as well as our Policies or and other guidance we issue) from time to time to comply with law or to meet our changing business requirements. When we update our Terms or Policies, we will take appropriate measures to inform you, consistent with the significance of the changes we make. Any updates or amendments will be posted on the Website.
13.2 For any operational, regulatory, legal or other reason, we reserve the right to modify, suspend or discontinue all of the Online Content with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension or termination. By continuing to use the Website, you agree to be bound by the terms of these updates and amendments.
14. Other Important Terms
14.1 If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder of these Terms remain in full force and effect.
14.2 Only you and we are entitled to enforce these Terms. No third party is entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 (which is expressly excluded) or otherwise.
14.3 We may freely transfer or assign any part of our rights or delegate our obligations under these Terms. You are not entitled to transfer or assign, by operation of law or otherwise, any part of your rights or delegate your obligations under these Terms without our prior written consent.
14.4 These Terms, the Policies and the Code of Conduct set out the entire agreement between you and us and replace any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. Any delay or failure by us to exercise any right we may have under these Terms does not constitute a waiver by us of that right.
Updated 24 April 2020