T&Cs
Terms and conditions
Member Access Licence (MAL)
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: my guide; my business goals; my profile; 13 projects; project tasks and others which are from time to time available (Services) to registered users of the Site ("the Members"). The Site and the Services are part of the Business IT Guide (“the Guide”) for the time being.
In order for a visitor to the site, ("a Visitor"), to become a Member of the Site – obtain a Member Access Licence (MAL) - and access the Guide they must complete the registration, business goals and priorities sections which is subject to these Terms and Conditions, the Licence Terms and conditions and e-skills UK’s Privacy Policy.
Once allocated a MAL the Visitor may verify his or her acceptance by completing the process on the Site to both register and access the Guide. Should the Visitor have any difficulty in performing the registration process they should contact e-skills UK at 1 Castle Lane, London SW1E 6DR or email businessitguide@e-skills.com.
Allocation of MAL are by third party intermediaries such as Business links, regional development agencies etc who purchase the MALs from e-skills UK and allocate a MAL to a business as part of general business advice. Such business is then entitled to apply to become a Member by completing the notification form referred to above, but only if they have the consent of the Intermediary or fall within the territory notified to e-skills by the Intermediary.
If the Member’s notification and registration is approved then e-skills will permit access to the Content under the MAL which licence will be deemed granted by e-skills to the Member subject to these terms and conditions. e-skills UK may allocate the Member an access code or password which should be kept confidential and not shared with any third party.
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 and Content are provided to you subject to these Terms of Use, the additional Licence Terms set out on the page titled "Licence Terms" ("the 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, design rights, trademarks, logos, database rights, confidential information 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, disclosure of the Site, Contents or infringe the copyright or intellectual property rights of e-skills UK or its Content providers.
2.2 You may retrieve and display the content of the Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute including publication, transmission, creation of derivative works, incorporation into another web site or reproducing the Site or the Content (whether by linking, framing or any other method) or use for commercial purposes (other than internal business IT improvements) any of the materials or Content on the Site
2.3 Access to this Site does not imply any grant of rights to use any trademarks and no licenses or right to use are granted by implication estoppel or otherwise in respect of any copyrights, patents, trademarks, services marks in relation to this Site.
2.4 The Services are supplied to Members for their own business 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.
2.5 You agree not to upload or transmit through the Site:
any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and
any material which is defamatory, offensive or of an obscene character
2.6 In completing the notification / registration form you hereby warrant that you are authorized to apply for membership having been duly allocated with a MAL.
2.7 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 or other revenue, computer down time, lost commercial opportunities, loss of contracts loss of data, income or profit, loss of or damage to property and claims of third parties, loss of savings, unsatisfied IT improvements or efficiencies 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 liability for fraudulent misrepresentation or personal injury or death directly caused by e-skills UK's negligence.
3.2 e-skills UK does not warrant that the information on this site is suitable for the purposes for which you may need it or use it. e-skills UK cannot be held responsible for the contents of any pages referred to by an external link. This site may use or display third party advertisements run by “google ads” or another organisation. All such advertisements are those of third parties and not e-skills. A reference on this site either through an advertisement or otherwise to any persons, products, web sites or services does not constitute or imply their endorsements, recommendation or favouring by e-skills UK, its employees, agents or sub-contractors.
3.3 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 Content, service availability and website availability.
4.1 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 related hardware and software 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.
4.2 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.
4.3 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. Please check this page periodically for changes. Your continued use of the e-skills UK site following the posting of changes to these Terms of Use means you accept the changes.
5.0 Submissions of information.
5.1 By registering 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 UK's privacy statement ("Privacy Policy") including the right to disclose such information to third parties including its business partners or the Intermediaries 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.
(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.
5.2 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 information and materials on this site.
6.0 Licence Terms.
6.1 Where the Member acquires access to the 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.
7.0 Links to Third Party Websites.
7.1 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.
8 Products, services and Commercial Suppliers
8.1 e-skills UK does not recommend specific products or suppliers (as referred to in section 7.1). We provide a representative sample to show the range of suppliers/products available. The user may choose to look at these suppliers or products but this is entirely at their discretion.
9.0 Term and Termination
9.1 Subject to e-skills rights to terminate earlier, as set out in the Terms and Conditions, the duration of the MAL is twelve months from the date the relevant Intermediary purchased the MAL. For the avoidance of doubt the 12 month period does not start when the Member is first allowed access to the Content via the Site but the date its MAL was purchased by its sponsoring Intermediary.
9.2 At the end of the 12 month period all rights to access the Site and the Content shall automatically cease unless an extension or new MAL is entered into as agreed by e-skills UK
9.3 e-skills UK shall be entitled to terminate the Members registration and subscription for any Services in the event that the Member commits any 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.
9.4 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.
10 Governing Law
10.1 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.
BITG Licence terms
Please read the terms and conditions of this licence ("the Licence") carefully and in conjunction with the MAL terms and conditions. The Services and use of any of the Services and Content and or use of the e-skills UK Sector Skills Council Limited (e-skills UK) Business IT Guide ("the Guide") 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 to use for your own personal business use only the software located on the Site that comprise the Services including the BITG 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".
Use of the Software must be via an internet access to the Site. Copies of the Software will not be provided to Members for downloading onto their own PCs or servers.
3. Grant of rights
3.1 In, e-skills UK hereby grants you a non-exclusive, non-transferable personal revocable Licence to use Software for the remainder of the MAL term 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 Intermediaries 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. You must not share access to the Services via your MAL with any third party including affiliated companies or business or other branches of the same business.
3.5 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 any affiliated company or business or any other branch thereof or any other of your employees (not notified when you first registered) or , agents or any other third party (Such persons to be collectively known as third party), such third party must first be allocated a MAL by an Intermediary and must complete the registration procedure and pay a Licence Fee (if not already paid for by the Intermediary) 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 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 the Intermediary purchased your MAL. A licence is defined as unlimited access by a member during the twelve month period.
6. The Services.
A description of the Services covered by this Licence is displayed under "Your Business, your Guide" 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.
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.