Terms and Conditions

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1. General

These Terms and Conditions (“Terms”) set out your rights and obligations, and those of Cool Approach Limited, a company registered in England under registration no.6043700 whose registered offices are at The Clock Tower, Farleigh Court, Old Weston Road, Flax Bourton, Bristol BS48 1UR (" Cool Approach", "we" or "us "), in relation to your use of this site and the services offered by Cool Approach through it (the " Cool Approach Service "). By using Cool Approach Service, you agree to be legally bound by these Terms, which shall take effect immediately on your first use of the Cool Approach Service. Your use of the Cool Approach Service is also subject to the Privacy Policy. You must click through, read and agree with this document before you may use the Cool Approach Service. If you do not agree to be legally bound by all these Terms please do not access and/or use the Cool Approach Service.

We may change these Terms at any time by posting changes online so you should review these Terms regularly to ensure you are aware of any changes made by us. Your continued use of the Cool Approach Service after changes are posted means you agree to be legally bound by these Terms as updated and/or amended.

2. Membership

People who register for the Cool Approach Service become "Members". Members must be in school Year 5 and above. Currently there is no charge made although we reserve to right to charge for our services in the future. 

3. Registration details

You warrant that all details provided by you during registration for the Cool Approach Service are accurate and true, including your correct age, name, address and any other requested details. You must also only add yourself to a category listing (school, workplace etc) on the Cool Approach Service which you attend as relevant. If you are asked for, and provide, details of a credit, debit or charge card, you must ensure that you are fully entitled to use that card, and that it has available funds sufficient to cover the charges which are deducted from it. We will handle any information provided by you in accordance with our Privacy Policy.

When you register for the Cool Approach Service, you, and/or your parent/guardian, will receive a verification email, in order that we can confirm that the email address/es you have given during registration is/are controlled by you and/or your parent/guardian. The instructions must be followed in order that membership can be completed. If you are under 14, we must receive permission from your parent/guardian via email before you can take part in any Cool Approach Service. Please take note of our Safety Guidelines for keeping safe on the net and the best way of protecting your password.

4. Use of the Cool Approach Service

You must not use the Cool Approach Service for any illegal activities. You agree to use the Cool Approach Service only in a way that does not infringe the rights of, restrict or stop anyone else's use and enjoyment of the Cool Approach Service. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting sexually orientated, obscene or offensive content. You cannot use the Cool Approach Services to distribute, publish, post, or send obscene, defamatory, infringing, or other unlawful material or information or for spamming.

You must treat other members with mutual respect. Do not use the Cool Approach Services to threaten, harass, stalk, or abuse other members whether or not through the Cool Approach service. You must not use expressions of bigotry, racism, homophobia, hatred, foul language or profanity.

Do not post any materials (including software and links to other websites) that could harm (or is designed to harm) other Members' computers or would allow others to inappropriately access software or web sites. Cool Approach does not allow posting or use of computer programs that contain destructive features such as: viruses, worms, Trojan horses, or activities that can be disruptive to online communication.

You may not redistribute images, photos or any personal data that you have found, copied or downloaded from a Cool Approach member page or any other page hosted on the Cool Approach server.

Do not upload files or post messages that contain photos, software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents.

In addition, you must not place material on, or otherwise use, the Cool Approach Service for any business or commercial purpose, and we do not allow advertising.

5. Cool Approach's Responsibilities

Cool Approach is not responsible for the use of anything you say or post on the Cool Approach Service. We are not responsible for the content or activities in any member-created, non-Cool Approach managed service. We are not and cannot be responsible for the behaviour of Members, whether on the Cool Approach Service or outside of it. Although Cool Approach uses reasonable endeavours to monitor the material contributed by Members, it is not responsible for material displayed on the Cool Approach Service which it does not explicitly input.

We do not endorse or have any responsibility for any third party sites linked to or from the Cool Approach Service, or anything which appears on them. If you visit any third party site, then you are agreeing to be legally bound by each of the terms and conditions of that website, the chosen services you have selected and for any purchases you may make when you are using them. In the event that you have any right, claim or action against any third party arising from your use of their website then you agree to pursue such right, claim or action independently of and without recourse to us

Cool Approach does not guarantee that the Cool Approach Service will be uninterrupted or error free, or that defects will be corrected, or the server that makes it available are free of viruses or bugs.

Although we strive to provide the best facilities we can to ensure maximum speed and availability from our servers and software, Cool Approach does not offer any SLA (Service Level Agreement) or any guarantee in relation to service up-time or availability for any service. All services provided are on an 'as is' basis.

We reserve the right to withdraw or modify aspects or the entirety of the Cool Approach Service if we deem it necessary for legal or commercial reasons.

6. Disclaimers and Limitation of liability

Cool Approach accepts liability for death and personal injury resulting from its negligence and nothing in these Terms shall apply to limit or exclude such liability.

Cool Approach will use all reasonable endeavours to verify the accuracy of all information provided by its Members when they register for the Cool Approach Service. However you agree and acknowledge that Cool Approach cannot confirm and is not responsible for the validity and accuracy of such information and by using the Cool Approach Service you agree to accept the risks of dealing with persons who could be acting under false pretences or under a false identity.

Cool Approach is not liable to you either in contract, tort (including negligence) or otherwise for direct or indirect loss of profits, pure economic loss, loss of business, depletion of goodwill, destruction of data or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Cool Approach, its employees or agents or otherwise) which arise out of or in connection with the provision of the Cool Approach Service or your use of it however such loss may be suffered.

Cool Approach's liability to you, either in contract, tort (including negligence) or otherwise in relation to or arising out of these Terms is limited to the greater of (i) the total fees paid by you to use the Cool Approach Service or (ii) £100 for any one incident or series of related incidents.

If Cool Approach is unable to perform any obligation under these Terms because of a matter beyond our reasonable control such as lighting, flood, fire, explosion, war, terrorist activity, industrial disputes (whether or not involving our employees) or other events beyond the reasonable control of Cool Approach or our suppliers, we will have no liability for that failure to perform.

Each provision of these Terms in clause 6 operates separately. If any provision or part provision is held by a court to be unreasonable or inapplicable the other parts shall continue to apply.

You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including all reasonable professional fees) made by any third party to or arising out of your breach of any of these Terms or your violation of any law or the right of a third party.

Cool Approach is not liable to you either in contract, tort (including negligence) or otherwise for direct or indirect loss of profits, pure economic loss, loss of business, depletion of goodwill, destruction of data or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Cool Approach, its employees or agents or otherwise) which arise out of or in connection with the provision of the Cool Approach Service or your use of it however such loss may be suffered.

Cool Approach's liability to you, either in contract, tort (including negligence) or otherwise in relation to or arising out of these Terms is limited to the greater of (i) the total fees paid by you to use the Cool Approach Service or (ii) £100 for any one incident or series of related incidents.

If Cool Approach is unable to perform any obligation under these Terms because of a matter beyond our reasonable control such as lighting, flood, fire, explosion, war, terrorist activity, industrial disputes (whether or not involving our employees) or other events beyond the reasonable control of Cool Approach or our suppliers, we will have no liability for that failure to perform.

Each provision of these Terms in clause 6 operates separately. If any provision or part provision is held by a court to be unreasonable or inapplicable the other parts shall continue to apply.

You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including all reasonable professional fees) made by any third party to or arising out of your breach of any of these Terms or your violation of any law or the right of a third party.

7. Intellectual property

The copyright, design rights and other intellectual property rights contained within the Cool Approach Service are owned solely by Cool Approach unless otherwise stated.

Members may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any Cool Approach Service content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any content on the site except for your own personal, non-commercial use.

You are responsible for keeping originals of all material you post to the Cool Approach Service such as photos, documents and software. We are not responsible for loss of access to, or deletion or alteration of any materials included in any part of the site.

By submitting any material to the content to the Cool Approach Service, you agree that you are fully entitled to do so and that you allow us a non-exclusive, royalty-free, non-terminable licence to copy, modify, translate, play, distribute, make available to the public and create derivative works from that material in any form. In addition, you allow us to adapt this relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.

All content that you publish on the Cool Approach site is considered to be part of the public domain and the Internet. You should be aware that any information or content that you post is freely available to the public.

8. Our agreement

These Terms includes our Privacy Policy which provides more detailed information on how we store and use your data in accordance with the EU Directive on Data Protection and the Data Protection Act 1998. Together they contain the whole of the agreement between us and you concerning the Cool Approach Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

9. Breaching Terms and Conditions

Without limiting any rights or remedies we may have we reserve the right to terminate or suspend your use of the Cool Approach Service and/or withdraw any contribution from it without notice to you and without incurring any liability to you in the event that (i) you breach any of the Terms (ii) if we cannot verify or authenticate any information you provide or (iii) in our sole discretion we believe that your actions may cause us or a third party loss or liability. We may also prevent a suspended Member from re-registering or re-accessing the Cool Approach Service.

10. Termination

Members may terminate their membership by giving notice in writing to Cool Approach.

11. Miscellaneous

These Terms are governed by and interpreted in accordance with the laws of England and Wales and any dispute will be heard in the English courts

The headings to these Terms are for convenience only and shall not affect their construction.

Where the context so admits reference in these Terms to one gender shall include each other gender and words denoting the singular shall include the plural and vice-versa.

References to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced;

Failure or delay by us in enforcing or partially enforcing any provision of these Terms shall not be construed as a waiver of any of our rights under these Terms. No waiver of any of these Terms by either party shall be deemed to be a further or continuing waiver of any subsequent breach of that term or condition or any other term or condition.