1.1 We are Skills Anywhere Limited (company registration no. 10436897) with registered office 56 Thorp Arch Park, Wetherby, Leeds, LS23 7AN and we operate with www.skillsanywhere.com (“the Site” or “our Site”).
1.3 For the purpose of these Terms, “Content” refers to any posting, contribution, communication or document that may be uploaded or post via or through the Site.
How we use your personal information
Variation of Terms
We may amend these Terms from time to time. The Terms in force at the time of your use of the Service will apply.
1.6 We offer a service with www.skillsanywhere.com whereby registered users can connect and communicate with other registered users with a view to entering into a business relationship with them. The Service is offered for business use only.
1.7 The Service is offered on an “as is” basis and subject to the limitations set out in these Terms including those contained in clause 11.
1.8 To use the Service you must register with us by providing us with all relevant details. You must provide accurate information when registering.
1.9 We are not obliged to accept any registration.
1.10 By registering and using the Site you are warranting that:
You are over the age of 18
You operate in the course of business
1.11 You may use our Site only for lawful purposes. You may not use our Site:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
1.12 Any Content you upload or post to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content, but you are required to grant us and other users of the Site a limited licence to use, store and copy that Content and to distribute and make it available to third parties.
1.13 Without limiting the generality of clause 12 we have the right to remove any Content if, in our opinion, it does not comply with our content standards set out in this clause.
1.14 We have the right to disclose your identity to any third party who is claiming that Content that you post or upload to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.
1.15 Content that you post or upload must:
Be accurate (where it states facts).
Be genuinely held (where it states opinions).
Comply with applicable law in the UK and in any country from which they are posted.
1.16 Content must not:
Contain any material which is obscene, offensive, hateful, inflammatory or defamatory.
Promote sexually explicit material.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Advocate, promote or assist any unlawful act.
1.17 We do not verify Content and are not responsible for its accuracy, truthfulness or completeness.
1.18 We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
1.20 Our Site is directed to people residing in the United Kingdom. We do not represent that content available on or through our Site is appropriate or available in other locations. If you choose to access our Site from outside the United Kingdom, you do so at your own risk.
1.21 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential.
1.23 We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
1.24 You must not use any part of our content on the Site for commercial purposes without obtaining a licence to do so from us or our licensors.
1.25 Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up-to-date.
1.26 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
1.27 We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
1.28 We do not guarantee that the Site will be secure or free from bugs or viruses.
1.29 You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.
1.30 You must not misuse our Site by knowingly or recklessly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
1.31 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
1.32 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
1.33 You must not establish a link to our site in any website that is not owned by you.
1.34 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
1.35 We reserve the right to withdraw linking permission without notice.
1.36 The website in which you are linking must comply in all respects with the content standards set out in clause 8.
1.37 Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only and we have no control over the contents of those sites or resources.
You shall indemnify us against all liabilities, costs, expenses, damages and losses suffered or incurred by us arising out of or in connection with any breach of any of these Terms or arising out of or in connection with your use of the Service or any Content that you post or upload.
1.38 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Service. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
1.39 Without limiting the generality of clause 11.1 we are not responsible for any agreement or arrangement that you enter into via or through the Site or for the conduct of any third party that you meet via the Site. Any agreement or arrangement with any third party is entered into at your own risk.
1.40 Without limiting the generality of clause 11.1, and subject to clause 11.4, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
1.41 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
Termination and Suspension
1.42 We shall be entitled at any time, without notice and without liability to:
permanently or temporarily terminate or withdraw your right to use the Service
delete your registration at any time
permanently or temporarily remove any Content.
1.43 We shall not be liable to you should we exercise our rights under clause 12.1.
1.44 Failure to comply with any of our Terms may result in our taking all or any of the following actions:
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
1.45 We may transfer all our rights and obligations to another organisation, but this will not affect your rights or our obligations under these Terms.
1.46 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
1.47 We will not be liable or responsible for any failure that is caused by an event outside our reasonable control, including but not limited to strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
1.48 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
1.49 Any matter arising out of or in connection with these Terms or the Services shall be governed by and construed in accordance with the law of England and Wales.
1.50 We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with any matter arising out of these Terms or the Service.