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Terms & Conditions
The following terms & conditions apply to your use of the SKArating Online Assessment Tool:
SKA RATING ONLINE TOOL - TERMS & CONDITIONS The following terms & conditions apply to your use of the SKArating Online Assessment Tool: SKArating Online Assessment Tool Terms and Conditions The SKArating Online Assessment Tool ('the Service') is supplied by Ska Rating Limited (SKArating) whose registered address is 2 Bedford Mews, London N2 9DF UK. The Service provides materials, documents, reports, and information ('Materials') from many sources and contributors ('Contributors') and is updated by SKArating from time to time. The following terms and conditions apply to use of the Service by individual persons who have registered to use the Service ('Users'), or any other person authorised by SKArating to use the Service ('Authorised Users'). References to an Unauthorised Person means any person who is neither a User nor an Authorised User. References to an Assessor means any User or Authorised User who has been accredited by SKArating as a SKArating Assessor. References to Assessment or Assessments means activity carried out by Assessors to validate, approve, or certify SKArating projects. References to SKArating Rules means those Materials that define the SKArating standard, the method of assessment, and any other prescriptive guidance to which Assessors are required to adhere. 1. Acceptance of Terms and Conditions 1.1 Your use of the Service will be subject to these terms and conditions ('the Terms and Conditions'). You consent to these Terms and Conditions when you use the Service. If you disagree with any part of the Terms and Conditions, you will not be permitted to use the Service. 2. Registration and privacy of your data 2.1 All Users are required to complete the registration process. 2.2 For registration and use of the Service a username is required which will be the email address you supply. During registration you will create a confidential password to be used when using the Service. You must keep your password confidential at all times, and must not disclose it to anyone else or permit anyone else to use it. Any breach of any of these terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions. 2.3 In the event of any failure or error in the operation of a password you shall cease using the password and exit the Service immediately and notify SKArating of such failure or error. SKArating reserves the right to change, or to require you to change, your password at any time in its sole discretion. 2.4 SKArating reserves the right to disable any password, whether chosen by you or allocated by us, at any time, if in our opinion, you have failed to comply with any of these terms. 2.5 SKArating may monitor your use of the Service including any information you post so as to generally improve the Service and to retain records to be used in the event of complaints or customer service issues. However, SKArating accepts no obligation to monitor the use of the Service. 2.6 SKArating collects, stores and processes data strictly in accordance with the provisions of the UK and EU GDPR (General Data Protection Regulation (GDPR)) and your rights under the GDPR. Such processes and uses of personal information are set out in our Privacy Policy. By using the Service, you consent to such processing and you warrant that all data provided by you is accurate. 2.7 SKArating will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities and may disclose any information as required by law and/or relating to any investigation of suspected unlawful activity, intellectual property right infringements or violation of network security. 3. Licence 3.1 Authorised Users and Users may use the Service and the Materials that appear on it from time to time in connection with their business activities or research, and for this purpose may: (a) display the Materials on screen; (b) make printouts or electronically transmit items included in the Materials using the commands contained in the Service; and (c) download and store in machine readable form the Materials for the User's or Authorised Users' exclusive use. 3.2 Assessors may use the Service to provide SKArating Assessment services to any person. Any such arrangements will be made between the Assessor and any other parties involved. SKArating is not and shall not be considered to be a party to any such arrangement. 3.3 Assessors may use the Service to provide SKArating Assessment services to Users, Authorised Users, and other persons, provided that: (a) they do not represent themselves to be or operate the Service as an Assessor without written evidence of accreditation from SKArating; (b) they carry out all Assessments in accordance with the SKArating Rules issued by SKArating in effect at the time of the Assessment, or in accordance with a previous version of the SKArating Rules provided that the version of the SKArating Rules being used is clearly stated on all materials issued as part of the Assessment; and (c) they do not knowingly use the Service to certify or approve any Assessment which does not qualify for certification or approval under the appropriate version of the SKArating Rules . 4. Pricing 4.1 SKArating may, at its sole discretion, charge a fee for the issuing of a SKArating certificate by an Assessor using the Service. At any time when such fees are being charged: (a) The price for issuing a SKArating certificate will be quoted on the Service. SKArating reserves the right to change prices at any time. (b) Payments made by Users are processed through 3rd party online payment services contracted by SKArating and are processed separately for each project certificate. (c) Payment must be made in advance via Stripe using the provided method. Alternative BACS payments are also supported on request. (d) No refunds will be payable by SKArating, including but not limited to where final certificates are not issued or where it is not possible to certify a particular project. 5. Restrictions on Use 5.1 Authorised Users and Users may not, except to the extent expressly set out in these terms: (a) abstract, download, store, reproduce, transmit, display, copy, distribute or use the Materials other than as permitted by these terms and conditions; (b) register for the Service more than once; (c) create or allow to be created any alternative Ska Rating assessment tool using the Materials from the Service; (d) spider or otherwise access the Service by any automated means with a view to re-selling the Service or any part of the Materials to others for commercial purposes; (e) make multiple printouts or copies of Materials for distribution to Unauthorised Persons or make the Service or any Materials available to Unauthorised Persons on a local area network, a wide area network or on any intranet or extranet, without written prior permission of SKArating; (f) make any copies of any part of the Service and/or make any copies or use any Materials from the Service for any commercial purpose without obtaining a licence to do so; (g) interfere with, damage, disrupt anything on the Service or connected to it, include or create links to or from the Service, remove or change anything on the Service or connected to it; (h) use the Service or send any unsolicited promotional or advertising material, or any volume messages which may interfere with the provision of the Service or the enjoyment of the Service by other users; (i) infringe, remove or change any copyright, trademark or other intellectual property right notices contained in the original material or from any material copied or printed off from the Service; 5.2 You must not use the Service to: (a) send, post, upload or otherwise transmit information or pictures that are deceptive, misleading, harmful, obscene or pornographic, violent, threatening, menacing, racist, discriminatory, offensive, defamatory, contain viruses or are otherwise unlawful; (b) send or upload files that contain software or other materials in breach of any intellectual property rights or in breach of confidence; (c) harass, stalk, threaten or otherwise violate the rights of others or harm or threaten to cause harm to minors; (d) impersonate anyone else or otherwise misrepresent your identity or status; (e) hack into the Service or any other related computer system, server or database; (f) make excessive traffic demands, deliver viruses or forward chain letters, surveys, contests, pyramid schemes; (g) engage in any behaviour that may reasonably be expected to inhibit other users from using and enjoying the Service or any other web site or damage or destroy the reputation of SKArating or any third party; 6. Your obligations 6.1 In consideration of your use of the Service you agree to the following: (a) You are responsible for making all necessary arrangements for you to have access to the Service; (b) You are responsible for ensuring that all persons who access the Service through your internet connection and with your authorisation are aware of these terms, and that they comply with them; (c) You will maintain all the registration data in order to keep it lawful, true, accurate, current and complete; (d) All information posted is your responsibility and you agree and warrant to provide lawful, true, accurate, current and complete information about yourself as prompted by the registration process; (e) You will act in good faith and in a business like and courteous way; (f) You will allow SKArating to use the information you have provided for the purpose of operating the Service for you; 7. Intellectual property rights 7.1 All intellectual property rights in any material (including databases, data, content, text, graphics, photographs and other images and sound, trademarks, domain names and logos) contained in this Service and Materials are either owned by SKArating or have been licensed to SKArating by the rights owner(s). SKArating will not tolerate any misuse of its trademarks. You are only allowed to use this Service and the Materials as set out in these terms and conditions. 7.2 Database rights pursuant to the Copyright and Rights in Databases Regulations 1997 and all other applicable intellectual property rights belong to SKArating. You acknowledge that you do not acquire any rights in either database except as set out in these terms and conditions. 7.3 SKArating status (and that of any identified contributors) as the authors of the Materials must always be acknowledged. 8. Disclaimer and limitation of liability 8.1 The Service is provided on an "as is" and "as available" basis. Every effort is made to keep Materials up to date and accurate but Users and Authorised Users should obtain independent verification or advice before relying on any piece of information in circumstances where loss or damage may result. 8.2 Any information or calculations included in the Service or the Materials are provided without any guarantees, conditions or warranties as to its content or accuracy and use of the Service and Materials is at your sole risk. However, SKArating does not, and nothing in these terms and conditions shall act to, exclude or limit SKArating’s liability for death or personal injury resulting from its negligence, fraud or any other liability which may not by applicable law be excluded or limited. Your statutory rights as a consumer are not affected by any of these terms. 8.3 Subject to clause 8.2, no responsibility for loss occasioned to any person acting or refraining from action as a result of the Service or the Materials contained therein can be accepted by any Contributor to the Service or SKArating. 8.4 Subject to clause 8.2, SKArating shall, in no event be liable (whether for breach of contract, negligence or for any other reason) for any direct, indirect or consequential loss or damage, foreseeable or otherwise, that may arise as a result of, but not limited to the following: (a) use of the Service (including the transmission of any harmful material or viruses) and any Materials including but not limited to any automated calculations; or (b) the Service being unavailable at any time or for any period; or (c) the information included in the Service or any use of it or reliance thereon. 8.5 For the avoidance of doubt, any such loss or damage shall include but not be limited to loss of salary, loss of profits, exemplary or special damages, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, consequential or special loss, however arising. 8.6 Subject to clauses 8.2 and without prejudice to the above, SKArating's aggregate liability to you at any time whether in contract, tort or otherwise shall be limited to £500 (five hundred pounds). 8.7 SKArating will not be liable to you for any breach of these terms and conditions which arises because of any circumstances which SKArating cannot reasonably be expected to control to include the Service being unavailable for any period of time. 8.8 You agree to fully and effectively indemnify SKArating for all claims which may be brought against SKArating arising out of or in connection with your use of the Service, any breach of these terms or any infringement of any third party’s intellectual property rights. 8.9 Following the expiry of any licence, SKArating makes no representations, warranties or guarantees in relation to any Materials held and accepts no liability in relation to any Materials accessed by any party. 9. Suspension, modification and termination of Service 9.1 SKArating may change the format and content of the Materials and Service from time to time without notice. You should refresh your browser each time you visit the Service to ensure that you download the most up to date version of the Service. 9.2 SKArating reserves the right to amend or withdraw the Service without notice and/or to restrict access to some parts of the Service or the entire Service to users. 9.3 You acknowledge that there may be periods where access to or use of the Service or pages linked to it may be limited or impossible due to changes effected to the Service by way of ongoing development and improvement. 9.4 SKArating may terminate the Service immediately in the event you breach any of these terms and conditions. 10. General and governing law 10.1 SKArating may change these terms and conditions from time to time without prior notice to Users or Authorised Users. By accessing the Service you are accepting that you are bound by the current terms and conditions. You should therefore check these each time you revisit the Service. Some of the provisions in these terms and conditions may also be superseded by provisions or notices published elsewhere on the Service. 10.2 These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter. If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision. 10.3 SKArating may delay enforcing its rights under these terms and conditions without losing them. 10.4 You agree that SKArating may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice. 10.5 These terms and conditions shall be governed and interpreted in accordance with English law and you consent to the exclusive jurisdiction of the English courts.