Terms and Conditions
1.0 Introduction
1.1 e-skills UK Sector Skills Council Limited ("e-skills UK") maintains this website ("the Site"), and the information and materials on the Site ("the Content"). The Site provides Content for the time being including but not limited to: a skills self assessment tool aimed at workforce employees and all other individuals which produces a skills profile for an individual user; specific skills frameworks including a national standard IT User Skills Framework and others from time to time; recommended learning paths which may, when available, signpost to a content library of online and offline training modules and courses and, the ability to purchase products and services from e-skills UK ("the Services") which are from time to time available to registered users of the Site ("the Members"). The Site and the Services are part of the e-skills Passport Programmes for the time being.
In order for a visitor to the site, ("a Visitor"), to become a Member of the Site and obtain an e-skills Passport they must agree to these Terms and Conditions, the Licence Terms and conditions and Privacy Policy of the e-skills Passport. The Visitor verifies his or her acceptance by completing the process on the Site to both register and obtain an e-skills Passport. Should the Visitor have any difficulty in performing the registration process they should contact e-skills UK at 1 Castle Lane, London SW1E 6DR. Contact details can also be found by clicking on the Contact Us button on the Site.
In order for Members to purchase or obtain any of the Services, a Member must accept these terms and the terms of the Licence Agreement set out on the page titled "Licence Terms" ("the Licence Terms") and our privacy statement and you should read them before purchasing or obtaining any of the Services.
1.2 Please read these Terms of Use carefully. They apply to all Visitors to the site and registered Members. The Services and use of the Site are provided to you subject to these Terms of Use, the additional Licence Terms, and any other terms and conditions referred to on the Site or published from time to time by e-skills UK (together "the Terms and Conditions"), and by visiting or using the Site or completing the registration, or accessing or browsing this Site, you accept and agree to be bound by such Terms and Conditions.
1.3 e-skills UK reserves the right, at its discretion to change, add or remove certain of the Terms and Conditions on the Site at any time. Please check the Site periodically for such changes. Your continued use of the Site following the posting of changes means you accept such changes.
2.0 Restrictions on use
2.1 All copyright and other intellectual property rights comprising the Content and the Services provided on this site belong to and are strictly reserved by e-skills UK or its Content providers. Members are hereby granted permission to access the Site for the supply of the Services, and other third parties and Visitors are permitted to view the general information on the Site, but otherwise you agree that you will not make any other unauthorised use or disclosure of the Site or Contents or infringe the copyright or intellectual property rights of e-skills UK or its Content providers.
2.2 The Services are supplied to Members for their own internal use and on the understanding that Members shall treat all information relating to the Services as confidential and shall not disclose it to any third party unless expressly.
2.3 You agree to comply with all applicable laws relating to the use of the Site. If you engage in any activity which breaches any of the Terms and Conditions or is otherwise unauthorised, your account and/or registration may be terminated and your use of the Site and Content and Services may be prohibited.
3.0 Disclaimer
3.1 Whilst e-skills UK takes care to ensure the accuracy of the Content and the Services, to the extent permitted by law, e-skills UK assumes no legal liability for and does not warrant that the information contained on the Site is accurate or complete, or that the Content, Site, or Services will be free from errors or that its availability will be uninterrupted and e-skills UK hereby expressly disclaims and excludes all express and implied warranties and any other terms and conditions not stated herein, so far as such exclusion or disclaimer is permitted under the applicable law. e-skills UK excludes all liability to any person for any claims, losses or damages (including, without limitation, any indirect or consequential losses or losses of profits) caused by any acts errors or omissions, whether such acts errors or omissions result from negligence, accident or any other reason and e-skills UKs maximum liability to the Members shall not exceed the aggregate total of the Members fees in the six months preceding such event but this clause does not limit e-skills UK liability for fraudulent misrepresentation or personal injury or death directly caused by e-skills UKs negligence.
3.2 The information provided by e-skills UK to Visitors and Members in carrying out the Services is provided solely for information purposes and should not be considered professional advice. The Visitor or Member acknowledges that the use of the Site and the Services is at their own risk, and e-skills UK shall not be liable for any loss arising from the a Visitors or Members reliance on any information provided by e-skills UK in visiting the site or the performance of the Services.
4.0 Purchasing services no right to cancel.
4.1 IMPORTANT NOTICE. Please read this first before ordering or using Content and Services. Given the nature of the Content and Services (being software based products) and the form of payment and the fact that the service will be provided almost immediately (which can be accessed and printed through this site), the agreement cannot be cancelled and Content and Services returns (where and if possible) will not be accepted. If you are ordering in the capacity of a consumer then your right to cancel the contract pursuant to the Consumer Protection (Distance Selling) Regulations 2000 do not apply.
4.2 The information displayed on this Site, including prices (where applicable), does not constitute an offer to contract or enter into an agreement. By placing an order you make an offer to us to purchase or obtain the Content and Services you have selected.
A binding agreement between you and e-skills UK for the purchase of the Content and Services shall be formed when a e-skills UK accepts your order and a confirmation message has been sent to you by e-skills UK or when the Content and Services is made available to you.
Once an Order is accepted the service will automatically be accessed and you may not cancel the order. If e-skills UK cannot accept your order for any reason you will be advised in the order process or by email or other suitable means.
5.0 Content and service availability and website availability
5.1 Access to the Content and Services via the internet is subject to the limitations of the enabling technology on which it is based which may be adversely affected by your ISP or telephone network's performance and other operational factors beyond e-skills UK or any third party provider's control including, without limitation, availability of service, congestion, dropped connections, the performance of your PC and the maintenance of secure network connections.
It is contemplated that the Content and Services may be interrupted, that they are not error free, and that the content, performance, message and data transmission, response and refresh times and access to and interaction with Content and Services via the internet cannot be guaranteed at all times.
5.2 The Service is provided on an as is and is available basis and without any warranty express or implied (insofar as it is possible to limit such warranty under law). Where applicable nothing in these Terms and Conditions limit your statutory rights as a consumer.
Products and Content Services are being supplied to you at your sole risk. The Content and Services provided via this Site may be delayed or interrupted. E-skills UK will not be liable for any partial or complete failure of delivery of the Content and Services.
5.3 From time to time E-skills UK may suspend the operation of this Site for repair or maintenance work or in order to upgrade the contents or functionality of this Site and/or the services. E-skills UK may institute restrictions and requirements to combat fraud and misuse from time to time including but not limited to restricting the quantity of Contents and Services being ordered and frequency and accessibility to the Services via this site.
5.4 To access this Site and purchase the Content and Services you must own or have access to computer equipment that is in good working order, and has the following minimum specifications:
Computer Display Screen - 800 by 600 Pixels resolution
Browser Specification - Internet Explorer & Netscape Navigator version 6 and above.
Operating Systems - Windows PC?s NT, ME, 95, 98, 2000, XP, Macintosh OS9 and OSX.
You will be responsible for any operational failures which are due to non-compliance with these conditions.
6.0 Submission of information
6.1 By registering and purchasing or obtaining any of the Services you will be required to complete an online registration form which requires you to submit certain information and material to e-skills UK and by submitting any such material or information to e-skills UK, you agree as follows:
(i) e-skills UK will be free to use any such information for the purposes of the Services without charge or liability to you and you agree not to take any action against e-skills UK in relation to the use of such material or information in connection with the supply of the Services. e-skills UK shall be entitled to use such information for all purposes set out in e-skills UKs privacy statement ("Privacy Policy") including the right to disclose such information to third parties including its business partners for the purposes of supporting and mentoring individuals and/or businesses, academic research by bodies such as universities and government, and advertising and promotion of products of e-skills UK and their partners but shall otherwise treat such information as confidential.
(A Member has the option of not sharing information for such uses, except where such information is mandatory, by clicking or ticking the opt out box when registering);
(ii) You warrant that the material or information submitted by you is a) owned by you or that you have all necessary rights and permissions to provide such information and materials to e-skills b) that the information and materials are true and accurate and that such information and materials are not defamatory, obscene, distasteful, unlawful, threatening, c) that the disclosure of such information and materials do not contravene or breach any duty of confidentiality owed to any third party nor any third party privacy nor does it infringe any third party intellectual property rights and you shall indemnify and render e-skills UK harmless against any and all claims, losses, liabilities, expenses and damages including any legal costs and expenses, incurred by e-skills UK arising as a result of any breach of the above warranties;
(iii) To take reasonable steps to ensure that the material or information is free from any known computer viruses, or other contaminates, including but not limited to any code or instructions that may be used to modify damage disable or compromise the security of this Site, or e-skills UK’s computer systems or networks; and
(iv) That you shall not post or transmit to or from the Site any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
6.2 If you provide details of any qualifications to be including into your Passport you hereby agree that e-skills UK may contact the relevant awarding body to verify the qualification before including it in your Passport. If you undertake an IT qualification through certain participating awarding bodies then you hereby agree that the results and your performance in such course may be automatically recorded in your passport.
6.3 Passport Office
(i) All Members must be linked to one or more sponsoring organisation being either the Member’s employer or training provider (as more particularly defined in the privacy policy).
(ii) Sponsoring organisations shall have access to Members details (as set out in the privacy policy) which they must use purely for the purpose of administration of a Member’s passport and must not disclose Members’ information to unauthorised third parties or use it other than in connection with the monitoring or updating a Member’s training achievements.
(iii) A sponsor organisation may in conjunction with the Member prepare a training plan for that Member which may be posted on the site and accessed and monitored by both the Member and the sponsor organisation.
(iii) At the request of a Member e-skills UK may deny further access to a Member’s information to any sponsor organisation.
6.4 Security
e-skills UK protects customer data we collect by storing it on password and firewall protected servers using encryption technologies to protect against unauthorised access.
While e-skills UK uses reasonable endeavours to provide a secure contracting environment it cannot guarantee the absolute security of information and you agree to assume the security risk for the information you provide when purchasing or information and materials on this site.
7.0 Pricing and Payment
7.1 The Member agrees to pay all charges for the Services, plus any applicable taxes at the rates in effect when the charges are incurred. e-skills UK may vary its prices from time to time, please check this site periodically for the current prices.
8.0 Licence Terms
8.1 Where the Member acquires Content and/or Services from e-skills UK then the Member by using such Content and or Services agrees to comply with the terms and conditions set out in the Licence Terms.
9.0 Links to Third Party Websites
9.1 e-skills UK has no control over and assumes no liability for material created or published by third parties on websites which are linked to or from the site, or for third party products or services referred to in such sites. Such links shall in no way imply that e-skills UK endorses such sites or the products or services referred to in such sites.
10.0 Termination
10.1 e-skills UK shall be entitled to terminate the Members registration and subscription for any Services in the event that the Member has failed to pay any of its fees, or commits any other breach of these Terms and Conditions or the Licence terms and conditions where applicable, and in the event of a breach capable of remedy, fails to remedy such breach within 14 days after receiving notice to remedy.
11.0 Governing Law
11.1 This Site is created for viewers in the United Kingdom. Any interpretation of its Content, claims or disputes (of whatever nature and not limited to contractual issues) shall be determined in accordance with English law, subject to the exclusive jurisdiction of the English Courts.
Licence terms
1. Introduction
Please read the terms and conditions of this licence ("the Licence") carefully. The Services including all your orders and purchases and use of any of the Services and or use of the e-skills UK Sector Skills Council Limited (e-skills UK) e-skills Passport website ("the Site") are provided to you subject to the terms and conditions of this Licence, the additional Terms of Use, and any other terms and conditions set forth on this Site or published from time to time by e-skills UK.
Any order, purchase or use of the Services is made subject to the Terms and Conditions of this Site and by ordering or purchasing or using any of the Services after completing the registration process or accessing or browsing this Site, you accept and agree to be bound by the terms of this Licence and the additional Terms of Use and terms and conditions.
e-skills UK reserve the right, at its discretion, to change, add or remove certain of the terms and conditions set out in this Licence and/or any additional Terms of Use and terms and conditions. Please check this site periodically for such changes.
Your continued use of the Services and the Site following the posting of changes means you accept such changes.
2. Software
e-skills UK grants you the rights set out in this Licence in relation to all the software supplied on the Site that comprise the Services including the e-skills Passport; the self assessment software section and other software provided by e-skills UK for the time being (the "e-skills UK Software") and all other third party software provided on the site for the time being (the "Third Party Software") used in the supply of the Services. For the purposes of this Licence the e-skills UK Software and Third Party Software shall be together referred to as "the Software".
3. Grant of rights
3.1 In consideration of the payment by you of the Licence Fee(s) for the Software, e-skills UK hereby grants you a non-exclusive, non-transferable revocable Licence to use Software subject to the following terms and conditions of this Licence.
3.2 You shall be entitled to use the Software for the purposes of receiving the Services to be provided by e-skills UK pursuant to your payment of the Licence Fee(s) and any other subscription and/or licence fee(s) to use the Services in force for the time being and for your personal internal use of the Services only.
3.3 You shall not be entitled to:-
3.3.1 grant any licences, sub-licences, or grant any other rights to third parties for use of or access to the Software, or disclose your user identification and/or password to third parties, or make copies of such software;
3.3.2 modify, adapt, merge, translate, decompile, disassemble, reverse engineer or sell the Software or create derivative works based on such software or otherwise commercially exploit the software;
3.4 This Licence permits you to access and use the Software from a single computer which is under your control. If you enter into this Licence as a sole trader, partnership, company, firm or any other type of business organisation, and require the use of the Software by your employees, agents or any other third party (Such persons to be collectively known as third party), such third party must first complete the registration procedure and pay a Licence Fee in connection with such third party use.
4. Intellectual property
All rights of copyright and any other intellectual property rights in the Software belong to and remain strictly reserved by e-skills UK and its licensors, as appropriate. No right interest or title in the Software is granted to you other than the limited rights of use set out above.
5. Payment Terms, Duration and Termination
5.1 A Licence Fee is due for each item of the Services available for you to purchase on the Site. Once payment of each relevant Licence Fee is made by you, including all applicable taxes for the time being, made directly to e-skills UK by cheque, you are deemed to have bought such item(s) of the Services at that point of sale and any Licence Fee(s) so paid are non-refundable. Before purchasing any item(s) of the Services you should satisfy yourself of the suitability of the Services for your purpose.
5.2 The Licence granted herein shall continue for your contracted period or subscription for Services on this Site, which is TWELVE CALENDAR MONTHS from the date of purchase of a Licence Fee. At e-skills UK's absolute discretion your contracted period may include access to the Software for up to ONE extra calendar month for set up or implementation or familiaristaion with the Software whereupon your contracted period will be THIRTEEN CALENDAR MONTHS from the date of purchase of a License fee. The Licence may be terminated by the Licensor if you fail to pay any sum or if you commit any breach of any of the terms and conditions on this Site or of the terms and conditions of this Licence.
5.3 Any termination of this Licence shall be without prejudice to any other rights or remedies a party may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of the parties.
6. The Services
A description of the Services covered by this Licence displayed under "About the e-skills Passport" on the Site.
7. Support
The Licensor is under no obligation to provide support under this Licence.
8. Liability
You shall be responsible for satisfying yourself as to the suitability of the Software and Services for your purposes. You assume the entire risk of using such software. e-skills UK assumes no legal liability for and does not warrant that the Software, and / or the Services will be free from errors or that its availability will be uninterrupted and e-skills UK hereby expressly disclaims and excludes all implied or express warranties and representations other than stated in these terms and conditions herein, so far as such exclusion or disclaimer is permitted under the applicable law. e-skills UK excludes all liability to any person for any claims, losses or damages (including, without limitation, any indirect or consequential losses including loss of profits or other revenue, computer down time, lost commercial opportunities of contracts or otherwise) caused by any acts errors or omissions, whether such acts errors or omissions result from negligence, accident or any other reason but this clause does not limit e-skills UK’s liability for fraudulent misrepresentation or personal injury or death directly resulting from e-skills UK's negligence.
9. Assignment
This License is personal to you and you shall not be entitled to assign, sub-licence or otherwise transfer your rights and obligations under this Licence.
10. Governing law
This Licence shall be governed by and construed in accordance with English law and the parties hereto submit to the exclusive jurisdiction of the English courts.