Terms and Conditions

Please read these Terms and Conditions of use ("Terms") carefully before using the "learndirect-advice.co.uk" website (the "Website"). These terms apply to all users of this Website whether you are a registered user or just visiting the website. By using this Website you agree to be bound by these Terms, the Privacy Statement and the Copyright Statement. If you do not accept these terms you must not access the Website.

In these Terms, 'we', 'us' and ' learndirect' means :

Ufi Limited
Dearing House
1 Young Street
Sheffield
South Yorkshire
S1 4UP

which is the owner of this Website and the learndirect and learndirect-advice trade marks and brands, and 'you' means the user of this Website.

You may click on the current version of the Terms from the homepage of the Website at any time.

Purpose of the Website

learndirect-advice provides information, advice and guidance to support adults in making appropriate decisions on a full range of learning and work opportunities. The Website is not designed for or directed at anyone under the age of 18.

Read the Statement of Service.

"Find a course" search facility

All the course information available on the Website is provided from a database compiled by a third party and is provided as information. We try to ensure that the information extracted from the database is correct but we cannot be held responsible for any inaccuracies in the course information provided on the Website nor can we be held responsible for the content of any of the course materials provided by third party training providers. We cannot be held liable for any use or reliance you may make of it or put on it except as specifically agreed with us in any agreement we make with you in writing.

We aim to provide an impartial information service. We do not vet any of the courses or the course providers, and the appearance of any course details on the Website should not be taken as an endorsement by us of the course or its provider.

We endeavour to provide the best advice possible but cannot be held responsible for the quality and nature of advice. In relation to the search facility, we select the course(s) we think most suitable for your needs, based on the information you provide. The reliability of the results will depend on the accuracy of the data you input.

Call Me Service

When using the Call Me service you agree that the telephone number you provide is your own contact number, mobile or land line. If you are giving us the contact telephone number of another person, that other person must have agreed to let you do so.

Online Tools

You can access the following online tools from this Website.

• Career Values Tool
• Skills and Interests Assessment
• CV Builder

The Career Values Tool & Skills and Interest Assessment are on the advice resources website, www.advice-resources.co.uk. The CV builder,sits on its own website www.cvbuilder-advice-resources.co.uk. We recommend that you read the privacy policy and terms and conditions on these websites before using the online tools.

learndirect forums

Anyone may access and read the learndirect forums without registering for forum membership. You may optionally register for forum membership which will allow you to post and reply to messages.

If you register to use the learndirect advice Forums, you undertake that all of the information you provide when you register is complete and accurate, including your name, contact details and email address. You must keep this information up to date at all times.

When you register to use the learndirect advice Forums you will be asked to select a user name and password. As you will be responsible for all activities that occur under your user name and password, you should take care to keep your user name and password confidential. You must notify us immediately of any unauthorised use of your user name or password or if you believe that your user name or password are no longer confidential. We reserve the right to require you to alter your username and password if we believe that they are no longer secure.

We may reserve the right to refuse to accept your application to register for any reason at our absolute discretion.

Access to read, and registration to use, the learndirect forums is provided free of charge. As a consequence of this learndirect does not make any guarantee as to the availability, performance or continued provision of these services and reserves the right to modify or to terminate the provision of this service at any time at our absolute discretion and without penalty

learndirect does not control content submitted by users and, as such, is not responsible for it in any way whatsoever. In particular, learndirect does not guarantee the accuracy, integrity or quality of such user submitted content. learndirect does not generally monitor any user submitted content posted on the Website, although we reserve the right to do at our discretion at any time. You agree that learndirect have no responsibility or liability for the deletion or failure to store any messages that you post on any of our forums.

Except for messages posted by learndirect careers advisors (which are identified with a learndirect logo next to the posters name) all views expressed on the learndirect forums are those of members of the public and are not necessarily those of learndirect.

When you register for forum membership you additionally agree to use the learndirect forums in accordance with our forum rules (/forums/forumrules/) that outline appropriate levels of behaviour when posting messages and the subject areas that may be discussed on the learndirect forums.

If you fail to abide by the forum rules and/or these Terms when posting to the learndirect forums you will be sent an e-mail informing you why your contribution has been edited or deleted. If you feel our decision is inappropriate you may appeal using the process outlined in the message.

If you continue to break the forum rules we may, at our sole discretion, take action against your account or accounts, including, but not limited to suspension of your account or accounts for a pre-determined period of time or permanent suspension of your access to learndirect forums. If your access has been suspended temporarily or permanently you must no re-register or otherwise attempt to re-access the Website without our prior consent.

You acknowledge that you are solely responsible for any content or other materials that you post to the forum and that learndirect reserves the right to remove any message which is inconsistent with our aim of promoting an inclusive environment.

In addition to the forum rules, you agree not to use the Website including the forums

• for any unlawful purposes;
• to transmit or communicate any material which is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful (particularly to minors), an invasion of privacy, defamatory, libellous, vulgar or otherwise objectionable;
• to transmit or communicate any material which infringes our or any other person's copyrights, trade marks, patents, moral rights or other intellectual property rights of any nature;
• to transmit or communicate any material that contains images, audio or video recordings, software or other material protected by intellectual property laws (or by the rights of confidentiality or privacy, where applicable) unless you own or control the rights thereto and have received all necessary consents and agreement in relation to any third parties' interest in the material;
• for commercial purposes including without limitation the publishing or circulation of any promotion, or advertisement, or the solicitation of funds or the sale or supply of goods or services except when in response to an enquiry by another forum user or expressly permitted by learndirect;
• to transmit or communicate any material which is likely to have a detrimental effect on our or any other person's reputation;
• harvest content or IP addresses or transmit or communicate any material which contains software viruses or any other files or programs that may interrupt, destroy or limit the functionality of this Website or server or any other computer or that contains any unsolicited or unauthorised materials, chain letters, junk mail, spam or similar;
• to transmit any material which is likely to cause harm to learndirect or anyone else's computer systems, including but not limited to any virus, code, worm, data or other routine purposely designed to damage or cause any defect, error, malfunction or corruption to any computer system;
• to restrict or in any way inhibit any person from using this Website;
• to transmit or communicate any material which is irrelevant to the subject matter;
• to transmit or communicate any material in breach of the Computer Misuse Act 1990;
• to impersonate or falsely state or misrepresent your association with any entity or person including without limitation learndirect, learndirect careers advisors or other members;
• to delete any author contributions, legal notices or proprietary designations or labels in any file which is uploaded or falsify the origin or source of the material which is transmitted or communicated;
• to obtain, collect or store any personal data about any visitors or members of the forums;
• to transmit applications which make excessive demands on bandwidth;
• to register yourself as a member of this Website, the forum provided through this Website, or to receive any newsletter or service under more than one user name and/or user account number without the consent of the Website editor or the forum moderator.

By posting a message on the learndirect forums you warrant that your message complies with the Terms and Conditions, forum rules and/or any relevant laws and regulations in force from time to time. And agree to indemnify learndirect against all legal fees, damages and other expenses that may be incurred by learndirect as a result of your breach of this warranty.

If you discover any material or behaviour of other users which you think is unacceptable or in breach of these Terms and Conditions and/or our forum rules you should report it to us using the 'abuse' link on the article or the abuse report form and we will deal with it at our discretion.

In the event that you breach any of the provisions above, learndirect reserves its right to remove that content or disable access to it and to respond to any complaints made by a third party in respect of that content. learndirect will not be liable to you if it removes any content because it believes that such content breaches the provisions of these Terms.

learndirect shall have the right without notice to record the IP address from which any user submitted content is transmitted or communicated through this Website.

learndirect may also preserve any content that you send or receive if required to do so by law or if reasonably required to ensure compliance with the Terms or to respond to third party complaints about such content.

learndirect reserves the right to delete any contribution, or take action against any account, at any time, for any reason.

If you post any comments or content on the Website you grant learndirect a non-exclusive royalty free perpetual irrevocable right and licence to reproduce, modify, edit, adapt, publish, translate, distribute and display such materials in any and all media now known or in future created throughout the world and authorise others to do so. You further agree to irrevocably and unconditionally waive all moral rights which you may have in respect of any material posted by you on the website.

Disclaimer and Limitation of Liability

The content and search facility of the Website is provided to you on an "as is" basis by way of general information only. You accept and acknowledge that we shall not in any way be liable for any damage, loss, costs or expenses arising directly or indirectly from your reliance on or use of the Website, or any information contained therein. In addition, we make no representations or warranties about the accuracy, completeness or suitability for purpose of the information and related graphics published in the Website.

You agree to indemnify fully and hold learndirect indemnified from and against any claim brought by a third party resulting from the use of the Website, and/or the learndirect Materials and any associated facilities provided by learndirect, and in respect of all losses, costs, actions, claims, expenses or liabilities whatsoever suffered or incurred directly by learndirect, in consequence of your breach or non-observance of the Terms and/or forum rules.

learndirect 's aggregate liability and that of its suppliers in contract, tort or otherwise including negligence shall be limited to £250 in respect of one incident or series of incidents arising from a common cause in any 12 month period.

You acknowledge that you are responsible for making back-up copies of all your data and taking appropriate precautions against viruses, hacking and all other types of computer misuse.

Whilst we try to ensure that the Website does not contain any error, defect, malfunction or corruption, we do not accept responsibility for any damage to or loss of data on your computer system, network or server that results from the download or use of the Website or any materials made available on the Website. We shall not be liable to you for any of the following types of loss or damage arising out of or in connection with your use of the Website or any content and/or facilities provided by the Website including:

• any loss of data including both data transmitted and other data held by you
• any delay, or failure, in transmitting or receiving data
• any indirect, or consequential losses arising from use of the services provided on this Website, including loss of revenue, business, goodwill, anticipated savings or profits.
• The exclusions and limitations of liability contained in this section do not apply to:
• any loss or damage resulting from death or personal injury caused by our negligence
• loss or damages arising from our fraudulent misrepresentation
• any other losses which may not be excluded or limited by law.

We do not make any representation or warranty that the Website will meet your expectations or requirements, or that any particular results will be obtained from their use. In the unlikely event that you are not completely satisfied with the service you should contact learndirect-advice.

Third Party Links

We may provide links to third-party websites. This may include links to sites owned by learndirect and associated companies. Any link (including without limitation any links posted by other users of the Website) are provided for your convenience only and are accessed at your own risk. We are not responsible in any way for the content of the third party websites or for goods or services provided by the operators of such websites and, unless otherwise stated are not responsible for and do not endorse or recommend any third party website or its availability or contents or any agreement or understanding you enter into with a third party through a third party website. If you choose to use any of the links provided, you should read the terms and conditions and privacy statement of the third party website. learndirect does not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred by you in respect of these third party websites.

Privacy

We treat your privacy very seriously. Please read our Privacy Statement if you would like further details about the information we collect and how it is used. By using this Website and submitting personal data you acknowledge and agree that you have read and accept the terms of the Privacy Statement.

Availability

We cannot promise that access to the Website will be uninterrupted or error free, but we endeavour to ensure that the Website is available 24 hours a day 7 days a week. However there will be occasions when the Website is interrupted for maintenance, upgrades and emergency repairs. We will try to keep such interruptions to a minimum. You agree that we shall not be liable to you, or any third party, for any modification, suspension or discontinuance of the Website. Access may also be interrupted due to failures of telecommunications links and equipment beyond our control.

You accept that you will not have a claim for breach of contract or otherwise in respect of such periods of unavailability. You also acknowledge that we cannot be held responsible for any delay or disruptions that are inherent in the operation of the Internet and the World Wide Web, including viruses.

General

If any provision of these Terms becomes void or otherwise unenforceable in whole or in part, the validity of the remainder of these Terms shall not be affected.

If either we or you fail to enforce, or delay in enforcing, any of our respective rights or remedies under these Terms, such failure or delay shall not operate as an agreement to waive that right or remedy and shall not prevent us from exercising that right or remedy in the future.

These Terms are governed by and will be construed in accordance with the laws of England and Wales unless you live in Scotland in which case it will be governed by Scots law and the relevant courts of the UK will have non-exclusive jurisdiction in relation to there Terms.

We reserve the right to amend these Terms from time to time. When we make a change we will update this page of the Website. If we do so, the updated version will be effective as soon as it is uploaded on to this Website. The date of the last revision to these Terms is provided at the end of the Terms. We recommend that you visit this page each time you visit the Website to ensure that you are aware of and are complying with any changes that we have made to these Terms. If you continue to use the Website you will be deemed to have accepted those changes from the point at which these changes come into effect.

 

Last updated : July 2007