legal

legal

Terms & Conditions of Use

The services, information and materials provided through these Internet pages (the “ForSkills site”) are made available by For Skills Limited (“ForSkills”) a company registered in England and Wales with company number 5440652 whose registered office is Mansfield i-centre, Oakham Business Park, Hamilton Way, Mansfield, Nottinghamshire, NG18 5BR.

Please read the following information carefully. Your use of the ForSkills site indicates your acceptance of the terms of use set out below. If you do not agree to these terms you must not use the ForSkills site.

ForSkills may update or revise these terms at any time without notice. You are responsible for reviewing these terms on each occasion that you visit the ForSkills site, continued use constitutes acceptance of any new terms.

1 Intellectual Property

The design of our Website and all content, course materials and technology used or appearing on our Website is copyright of ForSkills or its licensors, all rights are reserved. The selection and arrangement of such content, as well as specific content on the ForSkills site are considered proprietary by ForSkills

Nothing in the ForSkills site should be taken as conferring any licence or right to use any trademark displayed on the ForSkills site without the prior written approval of the trademark owner.

2 Contract   

A User may be a school or college or other educational establishment or an employer that registers a number of individual learners to use the ForSkills site (a “Multiple User”) or an individual learner, registering personally to use the ForSkills site (an “Individual User”).

A contract between ForSkills and the User for the supply by ForSkills of the services, information and materials available on the ForSkills site will be made when ForSkills accepts the registration of the User for particular services, information and materials and transmits a receipt to the User.

An Individual User has the right to change their mind and to cancel the contract and get a refund of any money paid, by giving written notice to ForSkills within 7 days of the date the contract is made. The Individual User waives this right to cancel if they begin any course included in the contract.

3 Availability   

Although the ForSkills site is accessible worldwide, not all services, information and materials are available to Users in all geographic locations or jurisdictions. ForSkills reserves the right to limit the availability of any services, information and materials to any User, geographic area or jurisdiction it desires. Any offer for any services, information and materials on the ForSkills site is void where prohibited by law.

ForSkills uses its best endeavours to ensure that the ForSkills site has 100% availability. However there may be occasions that access to the ForSkills site will be interrupted for emergency repairs, maintenance or upgrading.  Wherever possible, such interruption will be undertaken during periods of minimal usage. The User agrees that ForSkills shall not be liable to the User, or any third party, for any suspension, modification or discontinuance of the ForSkills site.

In the event that ForSkills fail to reinstate the service following a continuous 24 hour period of  non-availability not arising out of a force majeure event as set out below; or the weekly availability remains less than 95% for twelve consecutive weeks, the User may terminate the agreement, and ForSkills shall refund to the User any advance payment which has been made for uncommenced courses, less any amounts due to ForSkills.

4 Download & Copying Rights 

The User or the learner, as the case may be, may download material from the ForSkills site for his/her personal use only. In no event may the User or the learner transmit, modify, publish, sell, or in any way commercially exploit any of the content on the ForSkills site. Except as permitted by law, neither the User or the learner may copy, publish or use any of the material on the ForSkills site without the express permission of ForSkills. In the event material is downloaded and/or copied, no changes shall be made in the trademark, copyrights or attribution of owners of the material. The downloading of material located on the ForSkills site does not constitute any ownership rights for the user.

ForSkills may also supply paper-based products to a Multiple User, which are protected by copyright so whilst in-house printing and copying by such User is permitted, they may not send or use our products for external commercial printing, change, adapt or alter anything, nor in any way commercially exploit our products including any form of re-sale to sub-contractors or other people or organisations.

Users shall be responsible to ForSkills for ensuring that their registered learners comply with the relevant provisions of this clause.

5   Posting of Information   

ForSkills may (at ForSkills’ discretion) from time to time provide discussion forums, bulletin boards or similar facilities that allow Users to post content or messages or to interact with other Users (“Forums”) on the ForSkills site. Where Forums are provided ForSkills make no guarantee as to their availability or continued provision. ForSkills reserve the right to alter or remove Forum facilities at any time. Although ForSkills may monitor or review the content of Forums from time to time, ForSkills are under no obligation to do so.  ForSkills can accept no responsibility or liability arising from any content or material published by a user or any third party. The User acknowledges that they are solely responsible for any content or material they post on any Forum thread. The User agrees to use Forums in a considerate manner and to comply with all laws, regulations, policies and codes which are applicable.  In particular (but without limitation) the User agrees not to use any Forum or any other part of the ForSkills site:

For any unlawful or illegal purpose or to sell or advertise illegal services or products;

Using a pseudonym or false identity or in any other way give the impression that a Forum submission originated from anyone other than the user;
To publish any unlawful, indecent or dishonest content or material including material which is obscene, pornographic, defamatory, racist, abusive, offensive, blasphemous, threatening or of an extremist political nature or which may incite violence, cruelty, sadism or racial hatred, or which may facilitate prostitution or paedophilia;

For commercial purposes including the transmission or circulation of marketing, advertising or promotional material or to solicit sales for any goods or services;
To post or transmit any material which infringes any third parties intellectual property rights;

To proliferate junk mail, chain letters, spam or any other unsolicited material;

To transmit material likely to cause harm to or adversely affect ForSkills’ or any other persons computer systems including denial of service attacks, mail bombs, viruses or other disruptive or harmful programs, devices or code; or

In any way which damages or adversely affects ForSkill’s reputation.

If ForSkills consider that the User has made improper use of any Forum or any other part of the ForSkills site, they reserve the right to remove without notice any unacceptable or undesirable content or material and to block, suspend or terminate without notice the User’s access to the Forum facilities or the ForSkills site or any part thereof.

The User agrees to immediately notify ForSkills if it becomes aware of any improper use of any Forum or any other part of the ForSkills site.

ForSkills will be entitled to co-operate fully with the police or other relevant law enforcement authority or any court order requesting or directing us to disclose the identity of anyone who has posted improper material on any Forum or any other part of the ForSkills site.

6   Payment Terms   

Payment of fees on the due date is an essential term of the contract.  Any sums payable by the User to ForSkills under the contract is exclusive of value added tax or any similar taxes, levies or duties, which will be added to such sums and be payable by the User at the appropriate and prevailing rate.
Users may, by agreement with ForSkills, purchase a time bound, multiple user licence, giving the right to register an agreed number of individual learners on a resource.  Such individual learners may access and use a licensed resource, to which they are specifically and exclusively assigned, at any time within the procured validity period of that licence.  Multiple user licences will be invoiced and must be paid for in advance.  Payment shall be due in full within the time stipulated on the invoice (the “due date”).  If the User fails to make payment on the due date then, without prejudice to any other right or remedy available to ForSkills, ForSkills is entitled to (a) cancel or suspend the Users access to the ForSkills site; and (b) charge the User interest (both before or after any judgement) on all outstanding sums at the rate of 5% above the base rate of the Bank of England from the date the payment is due until the date payment is made in full.

7   Privacy Notice – in compliance with the Data Protection Act 1998 

For Skills Limited is registered with the ICO, for the purposes of the Data Protection Act 1998, registration number Z923041X.

ForSkills has a strong commitment to continually improving our levels of customer service. To help us achieve this we may collect and process information about you.

Summary

ForSkills may obtain your personal data through the following;

• Website Enquiry Form

• Events Lead cards/forms

• Telephone enquiries

• Email enquiries including our dedicated information email

• Face to face meetings

• Surveys

• Invoice/orders

All personal data will be processed fairly and lawfully. Your personal data will be obtained only for one or more specified and lawful purposes, and will not be further processed in any manner incompatible with that purpose or those purposes.
Personal data will not be kept for longer than is necessary for that purpose(s)

What do we use your information for?

Any of the information we collect from you may be used in one of the following ways:

• To carry out our obligations arising from any contracts entered into between you and us.

• In connection with any contracts between you and a centre which you are employed by or attending as a learner.

• To manage and administer the relationships between you and us.

• To notify you about any changes to our services and to otherwise communicate with you.

• To inform you of our products, events attending and company news.

• To process orders and deliver goods.

Your personal data is not shared with any external agencies without your consent unless under a legal requirement as specified below in section “Do we disclose any information to outside parties?”

What choices do I have?

If you think the personal information we hold about you is inaccurate or incorrect, you can request that we correct this information (including your marketing preferences) by writing to us using the details towards the bottom of this notice.

You can choose to stop receiving:

• Marketing emails by following the unsubscribe link and instructions on the respective marketing emails we send you.

• Telephone calls or postal communications by notice to ForSkills DP Team leader (details towards the bottom of this notice).

How do we protect your information?

Our security procedures mean that we may occasionally request proof of identity before we are able to disclose personal information to you.

We implement a variety of security measures to maintain the safety of your personal information.

The ForSkills Site holds a valid SSL certificate and is held behind a Hyper Text Transfer Protocol Secure (HTTPS) the secure version of HTTP, and the protocol over which data is sent between browser and the website that you are connected to. This means all communications between your browser and the website are encrypted protecting data from unauthorized interception.

The secure web servers only allow direct access from pre-authorised IPs again adding an extra layer of security in terms of unauthorised access to securely held data.

Shared drives which may hold personal data of employees are again only accessible within a protected virtual private network (VPN) preventing access”

Do we disclose any information to outside parties?

We do not sell or share your information with external agencies other than for the following purpose(s)

• The Police and law enforcement for the purpose of preventing and/or detecting fraud or the prevention and/or detection of crime.

• Trusted third parties who assist us in operating our website, conducting our business and servicing you.

How to contact us

If there are any questions regarding this privacy notice you may contact us using the information below.

• By telephoning 01623 709818 and asking to speak with Carol Paulson DP Team leader.

• By writing to us at ForSkills, Mansfield i-centre, Oakham Business Park, Hamilton Way, Mansfield, NG18 5BR, marked for the attention of Carol Paulson DP Team Leader.

Changes

If we decide to change this Privacy Notice, we’ll post the updated Privacy Notice on our website so that you’re always aware of what personal information we collect, how we use it and under what circumstances we disclose it. The updated Privacy Notice will take effect as soon as it is posted on our website.

8 Security   

A User who has registered on the ForSkills site is responsible for ensuring that his/her password is kept confidential at all times and is used only in accordance with the rules from time to time of the ForSkills site.  Users shall ensure that their learners registered to use the ForSkills site keep their password confidential at all times and that it is used only in accordance with the rules from time to time of the ForSkills site. The User is also responsible for obtaining and maintaining all hardware and software required for access to and use of the ForSkills site.

The User is entirely liable for all activities conducted and charges incurred under its passwords or usernames whether autorised by it or not.

Once a User has assigned a learner to a particular course place on a multiple user licence, it may not re-use that same licence place with any other learner.

9 Amendments   

ForSkills may, at any time, except in respect of contracts that have already been entered into, change or discontinue any feature of the ForSkills site, including content, availability, equipment needed for access to the ForSkills site, the terms and conditions applicable to the ForSkills site or any part thereof.

ForSkills endeavours to ensure that all learning materials and information available via the ForSkills site are relevant, correct, not misleading and secure, however, it is possible that the materials and information are out of date, incomplete, inaccurate or have been tampered with by third parties and ForSkills give no warranty as to their accuracy, integrity, or completeness.

ForSkills may from time to time impose conditions, including registration, fees and charges, for the use of some facilities of the ForSkills site, which shall be effective immediately upon notice thereof on the ForSkills site or by email to the User. Any use of the ForSkills site after such notice shall be deemed to constitute acceptance of such changes, modifications or additions.

10 Links

Links to the ForSkills site are permitted, provided that links are only made to the home page, although ForSkills reserve the right to withdraw such permission at any time.

The ForSkills site includes links that allow the User to leave the site and visit third party sites.

ForSkills does not control the contents of any websites to which it has links and is not responsible for the contents of such websites. ForSkills’ inclusion of links to these websites does not imply any endorsement of any material on such web sites or any association with their operators’ services or products or any responsibility for the treatment of any personal information the user provides to any third party.

11 Viruses

While ForSkills do use antivirus software to scan files that are uploaded to or downloaded from the ForSkills site, to make every effort to keep the ForSkills site free from viruses ForSkills cannot guarantee that this software will be able to detect all known viruses and their variants.

There is a risk involved whenever attachments are download to a computer and ForSkills accepts no responsibility for any harm caused by a user’s decision to do so.

12 Waiver 

The failure by ForSkills to exercise or delay in exercising a right or remedy provided by these Terms or by law does not constitute a waiver of other rights, remedies or further exercise of them.

13 Limitation of Liability

While every effort has been made to ensure that all information on this site is accurate ForSkills does not accept any liability to any person acting or refraining from acting on the basis of such information. Nothing in these Terms shall exclude or limit our liability for death or personal injury due to our negligence or for fraudulent misrepresentation.

Particular attention is drawn to the following.

ForSkills’s total liability in contract, tort (including negligence or breach of statutory duty) misrepresentation or otherwise, arising in connection with the performance of the contract shall be limited to £500,000.

ForSkills shall not be liable to the User for any indirect or consequential loss or damage (whether for loss of business, damage to reputation or otherwise) costs, expenses or other claims for consequential compensation howsoever caused which arise out of or in connection with the contract.

14 Force Majeure   

ForSkills shall not be responsible for any failure or delay to provide the services, information and materials or access to the Courses to the extent that such interruption has been caused by the User, the learner or by force majeure including any circumstances beyond the control of ForSkills such as but not limited to: (a) acts of God, civil commotion, riots, war, rebellion, national or international emergency or trade disputes; (b) breakdown of hardware or software (including failure of an Internet Service Provider used by ForSkills in the provision of the ForSkills site), sabotage or embargo; or (c) any order or local, national or international authority.

If the failure or delay continues for a period of two months either ForSkills or the User may give notice in writing to the other terminating the contract and on termination ForSkills shall refund to the User any advance payment which has been made for courses that have not been started, less any amounts due to ForSkills.

15 General   

The provisions herein are for the benefit of ForSkills and its third party content providers and licensors, and any assignees of the same, and each shall have the right to assert and enforce such provisions.

If any provision of these Terms is held by any court or other competent authority to be void or unenforceable in whole or part, the other provisions of these Terms and the remainder of the affected provisions shall continue to be valid.

The User agrees to indemnify ForSkills against any loss, damages, costs, expenses or other claims arising from any breach by the user of these Terms.

These terms and the use of the ForSkills site and its content shall be governed by and construed in all respects in accordance with English law, and the user agrees to submit to the non-exclusive jurisdiction of the English courts.