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Terms and Conditions

DATED

November 2010

WEBSITES TERMS AND CONDITIONS

between

QUALIFIED CAREER GUIDANCE LIMITED

and

‘USER’ OF WEBSITES WWW.CAREERGUIDANCE.IE AND WWW.CAREERGUIDANCE.CO.UK

IMPORTANT LEGAL NOTICE

ATTENTION: This legal notice applies to the entire contents of the Websites under the domain name www.CareerGuidance.ie and www.CareerGuidance.co.uk and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Websites. Using the Websites indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Websites. This notice is issued by Qualified Career Guidance Limited (“the Company”).

1. INTRODUCTION

1.1 You may access most areas of the Websites without registering your details with us. Certain areas of the Websites are only open to you if you register.

1.2 By accessing any part of the Websites, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Websites immediately.

1.3 The Company may revise this legal notice at any time by updating this posting. You should check the Websites from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Websites.

2. PURPOSE OF THE WEBSITES

2.1 The Websites provides information, advice and guidance to support adults in making appropriate decisions on a full range of learning and work opportunities.

2.2 www.CareerGuidance.ie and www.CareerGuidance.co.uk offers the user the opportunity to link up with qualified career guidance counsellors around the island of Ireland and Britain. Qualified Career Guidance Ltd. cannot guarantee the service quality of any one counsellor or dictate the methods used within a guidance session. Qualified Career Guidance Ltd. does not take any responsibility for guidance provided by any registered counsellor of the websites www.CareerGuidance.ie and www.CareerGuidance.co.uk. Only qualified counsellors are registered on the websites www.CareerGuidance.ie and www.CareerGuidance.co.uk. To maintain the standard of guidance provided, each session organised by the websites is measured online using an online satisfaction questionnaire. A hyperlink is emailed to each career guidance session participant.

2.3 If requested the Company may contact career’s advisers on your behalf to arrange face-to-face career guidance.

2.4 All financial arrangements regarding career guidance appointments are with the guidance counsellor and the client directly, with the exception of a booking fee which is non-refundable.

2.5 Qualified Career Guidance Ltd. takes no responsibility if a guidance session does not meet the satisfaction of the client or web user. No refunds will be provided by Qualified Career Guidance Ltd. No free second appointments are guaranteed to any dissatisfied client or web user. Subject to Clause 10.2, the company accepts no responsibility for guidance provided, dissatisfied clients and web users.

3. LICENCE

3.1 You are permitted to print and download extracts from the Websites for your own use on the following basis:

  • no documents or related graphics on the Websites are modified in any way;
  • no graphics on the Websites are used separately from the corresponding text; and
  • the Company's copyright and trade mark notices.

3.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Websites including without limitation photographs and graphical images are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from the Websites other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Websites automatically terminates and you must immediately destroy any downloaded or printed extracts from the Websites.

3.3 Subject to clause 2.1, no part of the Websites may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.

3.4 Any rights not expressly granted in these terms are reserved.

4. SERVICE ACCESS

4.1 While the Company endeavours to ensure that the Websites are normally available 24 hours a day, the Company shall not be liable if for any reason the Websites are unavailable at any time or for any period.

4.2 Access to the Websites may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.

5. VISITOR MATERIAL AND CONDUCT

5.1 Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Websites shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

5.2 You are prohibited from posting or transmitting to or from the Websites any material:

  • that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
  • for which you have not obtained all necessary licences and/or approvals; or
  • which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
  • which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

5.3 You may not misuse the Websites (including, without limitation, by hacking).

5.4 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clause 4.2 or clause 4.3.

6. LINKS TO AND FROM OTHER WEBSITES

6.1 Links to third party websites on the Websites are provided solely for your convenience. If you use these links, you leave the Websites. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Websites, you do so entirely at your own risk.

6.2 If you would like to link to the Websites, you may only do so on the basis that you link to, but do not replicate, a url within the Websites, and subject to the following conditions:

  • you do not remove, distort or otherwise alter the size or appearance of the company logo;
  • you do not create a frame or any other browser or border environment around the Websites;
  • you do not in any way imply that the Company is endorsing any products or services other than its own;
  • you do not misrepresent your relationship with the Company nor present any other false information about the Company;
  • you do not otherwise use any trademarks displayed on the Websites without express written permission from the Company;
  • you do not link from a website that is not owned by you; and
  • your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

6.3 The Company expressly reserves the right to revoke the right granted in clause 5.2 for breach of these terms and to take any action it deems appropriate.

6.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of clause 5.2.

7. REGISTRATION

7.1 Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.

7.2 Responsibility for the security of any passwords issued rests with you.

8. DISCLAIMER

8.1 While the Company endeavours to ensure that the information on the Websites is correct, the Company does not warrant the accuracy and completeness of the material on the Websites. The Company may make changes to the material on the Websites, or to the products and prices described in it, at any time without notice. The material on the Websites may be out of date, and the Company makes no commitment to update such material.

8.2 The material on the Websites is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Websites on the basis that the Company excludes all representations, warranties, conditions and other terms including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill which, but for this legal notice, might have effect in relation to the Websites.

9. INFORMATION

9.1 Information published by the Company is intended to provide general information in summary form on the career’s industry and educational courses. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Websites.

9.2 In no event will the Company be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided through the Websites or resulting from the psychoanalysis testing.

9.3 We try to ensure that the information provided to you on the Websites is correct but we cannot be held responsible for any inaccuracies in the course information provided on the Websites nor can we be held responsible for the content of any of the course materials and advice provided by third party training providers and/or guidance counsellors. 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.

9.4 We do not vet any of the courses or the course providers, and the appearance of any course details on the Websites should not be taken as an endorsement by us of the course or its provider.

9.5 We cannot be held responsible for the quality and nature of advice provided by the career guidance counsellors.

10. LIABILITY

10.1 The Company, any other party whether or not involved in creating, producing, maintaining or delivering the Websites, and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort including without limitation negligence, contract or otherwise in connection with or reliance on the Websites in any way or any information contained therein or in connection with the use, inability to use or the results of use of the Websites, any websites linked to the Websites or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Websites or your downloading of any material from the Websites or any websites linked to the Websites.

10.2 Nothing in this legal notice shall exclude or limit the Company's liability for:

  • death or personal injury caused by negligence prescribed under Irish and UK Law or
  • fraud; or
  • misrepresentation as to a fundamental matter; or
  • any liability which cannot be excluded or limited under applicable law.

10.3 If your use of material on the Websites results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

10.4 The content and search facility of the Websites is provided to you on an "as is" basis by way of general information only. 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 Websites. Both websites are course listing website that cannot and does not accept responsibility for third party relationships between course providers and their customers.

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

10.6 The Company'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.

11. GOVERNING LAW AND JURISDICTION

This legal notice shall be governed by and construed in accordance with Irish and UK law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the Irish courts or the UK courts.

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