Terms and Conditions

Please read these Terms and Conditions carefully before using the [www.advice-resources.co.uk] website (“the Website”). Access to and use of the Website and content provided on the Website, including but not limited to any graphics, code, text, software, audio, music, design, information, names, images, pictures, logos and icons (“the Content”), is subject to these Terms and Conditions.

In using this site, you indicate your agreement to be bound by these Terms and Conditions.

Ownership
The Website is owned by Ufi Limited, which carries on business in the United Kingdom under the learndirect name. References to the terms “learndirect” / “we” / “us” means:

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

References to “you” mean the user.

Changes to the Website
You acknowledge and accept that we may from time to time alter, suspend or discontinue any aspect of the Website or the Content available through it, as we think fit and without notice to you.

Further, we may alter the Terms and Conditions from time to time. The date of last revision to these Terms is provided at the end of the page. We recommend that you revisit this page from time to time to ensure that you are aware of any changes that we have made to these Terms. By continuing to use the Website following any amendments to the Terms, you indicate your agreement to such amendments.

You accept that you will have no claim for breach of contract or otherwise in respect of any such alterations to the Website or these Terms and Conditions.

Your Conduct
You warrant that in your use of the Website you shall:-

• use the Website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the Website by any third party; and
• not engage in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person.

Disclaimer and Limitation of Liability
The Content of the Website is provided to you on an “as is” basis by way of general, background information only. You should consult an appropriately qualified adviser for advice on any specific question or problem and you should not rely on the accuracy of any part of the Content. You accept and acknowledge 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 any of the Content for any purpose.

Whilst every effort is made 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 Content made available via the Website.

Without affecting the above statements, we disclaim, as far as the law allows, all warranties and representations, express or implied, in respect of any of the Content, including but not limited to warranties of satisfactory quality, fitness for a particular purpose, non-infringement of third party rights or any law, compatibility, security and accuracy.

We accept no liability for any indirect or consequential loss or damage or for any loss of data, profit, business, revenue or anticipated savings (whether direct or indirect), in each case, howsoever caused, whether foreseen, foreseeable, known or otherwise.

Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury caused by our negligence.

Online Tools
You can access the following online tools from this Website.

• Decision Making tool
• Skills and Interests Assessment 
• Funding Directory
• CV Builder.

If you use the CV builder, please be aware that this sits on its own website www.cvbuilder-advice-resources.co.uk.  If you wish to save the details you input to the CV builder on the cv-advice-resources website you will need to register on that website. Before registering please read the privacy statement on the website, see www.cvbuilder-advice-resources.co uk/privacystatement.


Downtime
You acknowledge and accept that computer and telecommunications systems may contain faults, including viruses, and may from time to time require periods of downtime (being periods during which the Website is not available to you) for the purposes of repair, maintenance and upgrading.

Accordingly, we do not guarantee uninterrupted availability of the Website, but we shall make reasonable efforts to minimise any periods during which the Website is not available. You accept that you shall have no claim for breach of contract or otherwise in respect of any such period of unavailability.

Hypertext Links
The Website and its Content may refer to and incorporate links to the websites and services of third parties. You acknowledge and accept that these Terms and Conditions apply only to the Website and that use of any other website may be subject to separate terms and conditions.

Such links are provided for your convenience only, and their provision does not constitute an authorisation by us to you to access such third party web sites, nor an endorsement of the content of such third party websites by us. We cannot guarantee that these links will work all the time and we have no control over the availability of the linked pages.

You acknowledge and accept that we shall not be responsible for any damages, loss, costs or expenses arising from the use of such third party websites, or products or services available through such third party websites.

Copyright and Intellectual Property
The Content provided on the Website is owned by Ufi or its third party licensors from time to time. Except as expressly stated in these Terms and Conditions, no material in whole or in part from the Website may be modified, copied, reproduced, published, uploaded, posted, transmitted or distributed. Any such use is prohibited and will constitute an infringement of the copyright and other intellectual property rights of ours, or in the case of material licensed to us, the owner of such materials.

Permission is given for the downloading and temporary storage of one or more of these pages for the purposes of viewing them on a personal computer or monitor for your own personal and private use. These pages may also be printed for your personal, private and non-commercial use provided that you make no alteration to any of the Content and you do not use any part of the Content in any other publication, in whatever medium, without the prior written consent of Ufi.

The "Ufi", "learndirect" trade marks, the www.learndirect-advice.co.uk and www.advice-resources.co.uk domains and any other names, images or logos identifying Ufi or third parties and their products and services are either (a) proprietary marks of ours or (b) marks which we are licensed to use. Except as expressly stated in these Terms and Conditions, you agree not to copy, reproduce, upload, post, display or use in any way such marks without the prior written permission of Ufi.

Skills Coaches
As a Skills Coach you can register for access to the discrete Skills Coaches area of the Website. This will allow you access to useful information about Skills Coaching, training resources, such as the Skills Coaching handbook, and a Discussion Forum. Please be aware that the Skills Coaching handbook sits on its own website www.skillscoachinghandbook.co.uk and is subject to a separate set of terms and conditions.

Discussion Forum
To use the Forum, you must be a Skills Coach. The Forum will enable you to post comments on and discuss both the content and service provided on the Website with your fellow Skills Coaches and selected Ufi and LSC staff. For the avoidance of doubt, any comments or materials that you post on any area of the website are subject to this paragraph.

We provide the Forum to you free of charge. As a consequence of this we do not make any guarantee as to the availability, performance or continued provision of this service and reserve the right to modify or to terminate the provision the service at any time. We also reserve the right to establish general rules and limits concerning use of the Forum facilities {click to view the Forum Rules}. We shall notify you via these terms and conditions if we amend any such rules or limits.
You agree that we have no responsibility or liability for the deletion or failure to store any messages that you send or receive using the Forum.
You acknowledge that you are solely responsible for any content or other materials that you post to the Forum. Each user is personally responsible for ensuring the accuracy, truth, originality and rights to use information which they share through the Forum, but you should always treat information with caution and check these things before relying on it. Any information shared through the Forum is accessed, read and used by you at your own risk and we do not warrant the accuracy or ownership of rights in any information posted by other users.

The Forum is moderated and we reserve the right to remove any message which conflicts with the Forum Rules. All complaints about any posted item will be investigated.

You agree not to use the Forum:

• 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 us; 
• 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 or spam or similar; 
• to transmit any material which is likely to cause harm to Ufi 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 Ufi or Skills Coaches; 
• 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 other Skills Coach or other person; 
• 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 advice resources forums you warrant that your message complies with the Terms and Conditions and agree to indemnify us against all legal fees, damages and other expenses that may be incurred by us as a result of your breach of this warranty.

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

If you post any comments or content on the Website you grant us 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.

Removal of content and response to complaints
In the event that you breach any of  the above provisions, we reserve the 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. We will not be liable to you if we remove any content because we believe that such content breaches the provisions of these Terms.

We may also preserve any content that you post 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.

If you encounter any content or behaviour of other users which you think is unacceptable you should report it to us at and we will deal with it at our discretion.

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

Privacy Statement
You may use the Website without providing any personal data. However, you may provide us with your personal data if, for example, you use the email facility provided on the Website to provide feedback or to contact us.

If you use the email facility on the Website, as well as providing us with your email address, your query or comment may include other personal data, including sensitive personal data.

Sensitive personal data includes a number of types of information relating to racial or ethnic origin, political opinions, religious or other similar beliefs, physical or mental health, sexual life or criminal records.

You will also provide sensitive personal data if you register to use the discrete ‘Skills Coaches Area’ of the Website.  When you provide sensitive personal data if you do not want to declare (a) your ethnic origin; or (b) if you have a disability; you can choose the “prefer not to say” option.

By volunteering sensitive personal data to us, you explicitly consent to us using this data, as described below.

We will use your personal data to respond to your query or comment. If you use the email facility on the Website, your personal data will be deleted from our records once we have responded to your query or comment.

If you subscribe to our newsletter, your details will be used only for the purpose of sending you the newsletter and to contact you regarding any changes in the service. You will be asked to give your name and email address so we can deliver this service. We also ask for your job title and geographical area which we would like to use for statistical purposes. You do not have to provide this additional information to receive our newsletter.

If at anytime you wish to unsubscribe to our newsletter, please email advice-resources@ufi.com

The personal details you provide when you register for the discrete Skills Coaches area is only used to provide management information reports to the Learning & Skills Council. The reports are in aggregate form and you cannot be personally identified from the reports.  If you wish to terminate your access to the discrete Skills Coaches area, your details will be removed and all records destroyed.

The information you provide via this website will only be used for the specific purpose you request, that is responding to your email enquiry, providing a newsletter or to grant access to the discrete Skills Coaches area of the Website.

By providing this information you are agreeing to us using your details as described above.

We will only disclose your personal data to our successors in business for the purposes described above and/or to service providers whom we engage to process data on our behalf. Otherwise, we will not disclose your personal data unless we are required to do so by law.

You have a right to ask for a copy of the personal data we hold about you (we charge you a small fee for this). If you have any request or query concerning your personal data, please contact us on advice-resources@ufi.com.

When you give us information about another person, they must have appointed you to act for them and to receive any data protection notices for them.

General
These Terms and Conditions constitute the entire agreement of the parties in relation to the use of this site and supersede any other agreements between the parties in this matter. However, nothing in these terms shall exclude our liability for fraud or fraudulent misrepresentation.

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

The rights of you and us under these Terms and Conditions may be exercised as often as necessary. They are cumulative and not exclusive of either party’s rights under the general law, and may be waived only in writing. Delay in exercising or non-exercise of any right is not a waiver of that right.

Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Non-Acceptance of the Terms and Conditions
If these Terms and Conditions are not accepted in full, you do not have permission to access the Content of the Website and therefore should cease using the Website immediately.

Last updated : 13th July 2007