Supplier Terms and Conditions
Applicable to BESA members promoting free trials of products on the LendED website.
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before taking advantage or continuing to take advantage of the LendED website (the “Service”) operated by the British Education Suppliers Association (“BESA”). (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions.
BESA reserves the right and without prior notice where BESA considers this imperative, to remove material promoting your products and/or your business from the LendED website where there is an infringement of these terms and conditions.
By entering products onto the LendED site you are agreeing that:
- You will only use the website for the promotion of products where you are able to and do offer a free trial period for use of the product by participating schools.
- You will provide accurate descriptive material relating to any product you promote on the website complying at all times with the Advertising Standard Authority’s UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code);
- You will ensure that your pricing information is accurate and maintained up to date at all times;
- You will provide case study evidence for every product which you choose to feature.
- You will offer your product on a free trial basis providing access to the product on a basis that incorporates so far as possible minimal restrictions on functionality and provides the user with a reasonable period in which to experience use of the product.
- You will respond to enquiries and requests from users within 2 working days following receipt of any enquiry/query.
- You will comply with data protection legislation.
- You acknowledge that BESA provides the LendED facility free of charge and, accordingly, BESA responsibility for the operation of the website and its liability to you is limited as follows:
- in relation to the operation of the website:-
- You are responsible for the management of access arrangements to upload information to the website – user name and password access must be controlled at all times;
- BESA moderates all material members wish to upload – reserving the right to require amendments to material where it considers this appropriate and providing explanations as to concerns that have arisen;
- BESA does not guarantee the relative prominence your products may be afforded by reference to the products of any other member of BESA;
- BESA does not warrant that the website will function at all times on an error free basis;
- whilst BESA will use reasonable endeavours to advise you of any downtime that may be required for maintenance purposes we cannot guarantee that you will be pre-advised and that downtime may arise on an unscheduled basis;
- BESA may discontinue the operation of the LendED website at its entire discretion at any future date but shall give you reasonable notice of its intention to do so.
o In relation to our liability to you, this is expressly excluded save to the extent that as a matter of law we are not entitled to exclude or limit our liability in which case liability is expressly limited to that which we must not exclude or limit.In consideration of BESA permitting you to promote your products on the LendED website you agree that:
- BESA is licensed by you to use for the purposes of the website and its promotion all trade marks (whether registered or unregistered) and copyright in materials that you provide for publication on the website;
- You will indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) as well as all other reasonable costs and expenses) suffered or incurred by us as a result of any claim made against us for actual or alleged infringement of a third party’s intellectual property rights which arises from you featuring your products on LendED.
These terms and conditions constitute the entire agreement and understanding between the parties in respect of the matters dealt with in it and supersedes any previous agreement between us.
No person who is not a party to our agreement is intended to reserve a benefit under, or be entitled to enforce, this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.
This Agreement will be governed by and interpreted in accordance with the law of England and Wales.