Terms and ConditionsSimon Levin2015-01-02T16:27:34+00:00
This agreement applies as between you and The Skills Connection UK Limited and The Skills Connection LLC, the joint owners of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“The Skills Connection UK Limited” means The Skills Connection UK Limited of Maybank House, 14 Pretoria Road, High Wycombe , Buckinghamshire, England;
“The Skills Connection LLC” means the Skills Connection LLC of 62 Bulaire Road, East Rockaway, NY 11518, USA;
“Service” means collectively any online facilities, tools, services or information that The Skills Connection UK Limited makes available through the Web Site either now or in the future;
“System” means any online communications infrastructure that The Skills Connection UK Limited makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“Member” / “Members” means any third party that accesses the Web Site and is not employed by The Skills Connection UK Limited and acting in the course of their employment;
“Web Site” means the website that you are currently using www.executivesplace.com and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. Intellectual Property
2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Members, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The Skills Connection UK Limited, or our affiliates. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
2.2 Subject to Clause 4 of these Terms and Conditions you may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Web Site for personal purposes only, unless otherwise indicated on the Web Site or unless given express written permission to do so by The Skills Connection UK Limited. Personal use includes, but is not limited to, recreational use, social use, and use in education as a student or teacher. Specifically you agree that:
2.2.1 you will not use the Content of the Web Site for commercial purposes; and
2.2.2 you will not systematically copy Content from the Web Site with a view to creating or compiling any form of comprehensive collection, guidance, compilation, directory or database unless given express written permission to do so by The Skills Connection UK Limited.
3. Third Party Intellectual Property
Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Web Site. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.
4. Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
5. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of The Skills Connection UK Limited or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
6. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.theskillsconnection.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of The Skills Connection UK Limited. To find out more please contact us by email at firstname.lastname@example.org.
7. Use of Member Facilities and Content Submission
7.1 When using the blog and / or any other System and when submitting Content to the Web Site you should do so in accordance with the following rules:
7.1.1 you must not use obscene or vulgar language;
7.1.2 you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
7.1.3 you must not submit Content that is intended to promote or incite violence;
7.1.4 Content submissions are required to be made using the English language. Content in any other language may be removed at our sole discretion;
7.1.5 you must not post links to other web sites containing any of the above types of Content;
7.1.7 you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
7.1.8 you must not impersonate other people, particularly employees and representatives of The Skills Connection UK Limited or our affiliates;
7.1.9 you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
7.2 You acknowledge that The Skills Connection UK Limited reserves the right to monitor any and all communications made to us or using our System.
7.3 In order to use the Member Area and any other information or communication facility that may be added in the future, you are required to submit certain personal details. By continuing to use this Web Site you represent and warrant that:
7.3.1 any information you submit is accurate and truthful; and
7.3.2 you will keep this information accurate and up-to-date.
7.3.3 your membership is not for purposes of obtaining information to compete in the market with The Skills Connection UK Limited or The Skills Connection LLC
7.4 The Skills Connection UK Limited and The Skills Connection LLC will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of use of any Content, nor for any errors or omissions in the Content. Use of and reliance upon such Content is entirely at your own risk.
8.1 In order to to use the Member Area and / or any other Services you are required to create an Account which will contain certain personal details which may vary based upon your use of the Web Site. By continuing to use this Web Site you represent and warrant that:
8.1.1 all information you submit is accurate and truthful;
8.1.2 you will keep this information accurate and up-to-date.
8.1.3 Your creation of an Account is further affirmation of your representation and warranty.
8.2 It is recommended that you do not share your Account details, particularly your username and password. The Skills Connection UK Limited accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
8.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact The Skills Connection UK Limited immediately to suspend your Account.
8.4 When choosing your username you are required to adhere to the terms set out above in Clause 7. Any failure to do so could result in the suspension and/or deletion of your Account.
9. Termination and Suspension
In the event that any of the provisions of Sub-Clauses 7.1 and 7.3 above, are not followed, The Skills Connection UK Limited reserves the right to suspend or terminate your access to the Service. Any Members banned in this way must not attempt to use the Website under any other name or by using the access credentials of another Member, with or without the permission of that Member.
11.1 The Skills Connection UK Limited makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
11.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
11.3 The information on this Web Site is not designed with commercial purposes in mind. Commercial use of the Content of this Web Site is forbidden under Clause 2.2.1 of these Terms and Conditions. Any such use constitutes a breach of these Terms and Conditions and The Skills Connection UK Limited makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
11.4 Whilst every effort has been made to ensure that all descriptions of services available from The Skills Connection UK Limited correspond to the actual services available, The Skills Connection UK Limited is not responsible for any variations from these descriptions.
12. Changes to the Service and these Terms and Conditions
The Skills Connection UK Limited reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If The Skills Connection UK Limited is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
13. Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
The Skills Connection UK Limited accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
14. Limitation of Liability
14.1 To the maximum extent permitted by law, The Skills Connection UK Limited and The Skills Connection LLC accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Members should be aware that they use the Web Site and its Content at their own risk.
14.2 Nothing in these terms and conditions excludes or restricts The Skills Connection UK Limited liability for death or personal injury resulting from any negligence or fraud on the part of The Skills Connection UK Limited.
14.3 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
15. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
16. Previous Terms and Conditions
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
18. Corrections and Complaints
18.1 The Skills Connection UK Limited wants the information on this Web Site to be as accurate as possible. If you wish to correct any information given on this Web Site, please contact us at firstname.lastname@example.org.
18.2 If you wish to object to any rating or material posted to this Web Site, please contact us at email@example.com. We will then review the material about which you have complained and decide whether it complies with these Terms. We will inform you of the outcome of our review within 21 days of receiving your complaint.
18.3 If you believe that any material on this Web Site infringes any copyright or other intellectual property rights that you own or control, please send written notification to firstname.lastname@example.org. That notification must include
a. A description or copy of the work that you claim has been infringed;
b. Evidence that you are the owner of the intellectual property rights in the work or that you are authorised to act on behalf of the owner;
c. Details of where on the Web Site the material that you claim is infringing is located;
d. A statement that you have a good faith belief that the infringement has not been authorised by the copyright owner or its agent; and
e. A statement that the information provided in the notification is accurate and true and that you are the owner of the intellectual property rights in the work that you claim has been infringed, or that you are authorised to act on their behalf
20. Law and Jurisdiction
These terms and conditions and the relationship between you and The Skills Connection UK Limited shall be governed by and construed in accordance with the Law of England and Wales and The Skills Connection UK Limited and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.