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Access Agreement and Privacy Policy for www.ind-training.co.uk

ACCESS AGREEMENT BETWEEN USERS OF THE WEBSITE www.ind-training.co.uk AND ASSOCIATED SERVICES AND Independent Training Services Ltd ("ITS Ltd").

The ind-training.co.uk site is offered as a free service to you, the user. You have the opportunity to take independent legal advice on the terms of this agreement before continuing to use the website. Your use of this website and/or your acceptance of these terms, conditions, and notices without modifying them constitutes agreement by you to all of these terms, conditions, and notices. Only those who enter into this agreement are authorised to use this website.

The information provided on this website only relates to training & support services in South Yorkshire and has been provided in English. If you would like to see a copy of the material on this site including this agreement in another language prior to proceeding please contact us immediately and we will arrange for a translation to be provided at your cost. In proceeding you warrant that you believe this agreement to be reasonable in its entirety.

1. Operator Details

The website is operated by Independent Training Services Ltd (ITS Ltd), a registered charity and company limited by guarantee, which is registered in England & Wales under company number 4274770 and charity registration number 1091711, with its registered office at Park Road, Barnsley, South Yorkshire, S70 1YD (called ITS Ltd in this agreement).  ITS Ltd may be contacted by letter marked for the attention of the Chief Executive, sent to ITS Ltd, Park Road, Barnsley, South Yorkshire, S70 1YD.

2. Copyright and Trademark Notices

All of the ITS Ltd logos are the property of ITS Ltd. Other product and company names mentioned on the website or on other websites accessed through the website may be the trademarks of their respective owners. All contents of this website are copyright © 2007 ITS Ltd, are protected by database rights and may also be protected by other means. No part of the site may be reproduced in any form whether electronically or otherwise without the prior written consent of ITS Ltd, other than temporarily as one single copy to print out for personal use, or in the cache of your computer in the course of using the service. You must retain all copyright or trademark notices contained on this site on any copy you make of it or part of it. You may not sell or modify what is on the site or reproduce, display, publicly perform, distribute, or otherwise use the material on it in any way for any public or commercial purpose. The use of the material on any other web site or in a networked computer environment for any purpose is prohibited.

3. Data Protection

Independent Training Services Ltd (ITS Ltd) is deemed notified to process data under the Data Protection Act 1998 under registration number Z6654163. Use of the ITS Ltd website and our use of the data we collect is contained in our Privacy Policy which is incorporated into this agreement. You should remind yourself of the contents of our Privacy Policy by clicking here. If you have any questions about data protection please ask to see our full data protection policy by contacting the Data Protection Officer, Independent Training Services Ltd (ITS Ltd), Park Road, Barnsley, South Yorkshire, S70 1YD.

4. Download times

In order to make the ind-training.co.uk site more user-friendly and to increase the amount of information a number of software applications are used on the ind-training.co.uk site. Some parts of the site may us Flash software. This may take more time to load than conventional HTML web pages, especially if you are accessing the ind-training.co.uk site over a dial-up connection to the internet or via a mobile device such as a WAP phone or PDA or any other wireless connection. The ind-training.co.uk site also makes use of Adobe Acrobat software, for example to display location maps. Again Adobe Acrobat files are likely to take longer to download especially if you are accessing the ind-training.co.uk site in one of the ways outlined above. By proceeding to download Flash or Adobe Acrobat parts of the site you acknowledge the increased download time and computing resource needed.

5. Limitation on Types of Use

You may not modify, copy, distribute, disable, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from this website. You may not use the site for anything other than the purpose outlined in this access agreement and you may not use spiders or other robotic software tools to gather information from the website.

6. Liability Disclaimer

Please Read Carefully as this Clause Limits your Ability to Claim Damages. The main purpose of the website is to provide information about training & support services available through ITS Ltd in South Yorkshire.  ITS Ltd is not able to verify any information contained on the website including, but not limited to, information supplied by any individual or organisation.  ITS Ltd uses reasonable care to check the accuracy of information published on this website. You should note however that ITS Ltd does not give any warranty that any information will be accurate or up-to-date and the user acknowledges that the information, products, and services published on this website may include inaccuracies or typographical errors. In particular, and without limitation to the rest of this agreement, ITS Ltd is not able to guarantee that its service will continue or be accurate during time of server failure. Information contained in, or accessible via, the website changes on a regular basis.  ITS Ltd and/or its associates may make improvements or alterations to this website at any time and without notice. ITS Ltd is not responsible in any way whatsoever for the content of any site accessed using the ind-training.co.uk site, nor (because of its links with numerous other web sites) can it warrant that use of the site will be free from virus contamination. You must make independent checks on the accuracy of any information obtained via the ind-training.co.uk site before relying upon it and you should obtain adequate insurance to cover you from any harm that might result from use of any data provided by this site. ITS Ltd is not in a position to know for what purpose you will use this data and so cannot insure against loss. ITS Ltd makes no representations about the suitability of the information, products, and services contained on, or accessed via, this website for any purpose. All warranties, terms and conditions with regard to this information, products, and services, including all warranties, terms and conditions, implied by statute, collaterally or otherwise, of satisfactory quality, fitness for a particular purpose, title, and non-infringement are excluded to the fullest extent permitted by law. ITS Ltd shall not in any event be liable for any damages (whether indirect, incidental, special, consequential or otherwise) arising out of, or in any way connected with, the use of this website, or with any delayed access to, or inability to use this website, or for any information, products, and services obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, strict liability or otherwise, even if ITS Ltd has been advised of the possibility of damages. This does not affect the statutory rights of any person dealing as a consumer nor shall anything in these terms and conditions exclude or limit liability for death or personal injury caused by negligence or for fraudulent misrepresentation.

7. Links to Third-Party Sites and Events

This website may contain links to websites operated by parties other than ITS Ltd and/or include details of events organised by parties other than ITS Ltd. Links and event information are provided for reference only. ITS Ltd does not control these websites and events and is not responsible for their content or organisation. A reference on this site to any person, product, website, event or service does not constitute or imply their endorsement, recommendation or favouring by ITS Ltd, its employees, agents or sub-contractors. The inclusion of links to these websites does not imply any endorsement of the material on them or any association with their operators. In particular, and without limitation to the rest of this agreement, ITS Ltd has no control over any newsgroups, chat rooms or e-mail discussion forums which you may come across via this site. Additionally, and again without limitation to the rest of this agreement, you should not download any material (including but not limited to pornographic, racist or obscene material) from the internet without first checking that it is legal to do so in your jurisdiction. ITS Ltd reserves the right to remove any link at any time and without notice and shall not be obliged to give a reason for doing so. If you become concerned about the content of a site linked to or from the ind-training.co.uk site please inform ITS Ltd immediately via e-mail to abuse@ind-training.co.uk. If your complaint is about unsuitable content you may also consider reporting the matter to the Internet Watch Foundation who can be contacted via their website at http://www.iwf.org.uk/.

8. Messages from ITS Ltd and its Associates

Any e-mail or other form of communication between representatives of ITS Ltd and other parties will be deemed covered by the terms of this agreement.

9. Messages to ITS Ltd

You are responsible for your own communications and are responsible for the consequences of their posting. If you submit information to us, by doing so you give us a non-exclusive royalty free licence to use it. Without limit to the legal requirements already imposed on you, you must not (and by e-mailing us you agree not to) do the following things: post material that reveals trade secrets (unless you own them or have the permission of the owner and the owner does not object to them entering the public domain); post material that infringes on any other intellectual property rights of others, which breaches the professional ethics of a profession or the privacy of others; post material that is obscene, defamatory, threatening, harassing, abusive, sexually explicit or discriminatory; or pretend to be another person.

10. No Unlawful or Prohibited Use

As a condition of your use of this website, you warrant to ITS Ltd that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

11. Other General Terms

This agreement is governed by the laws of England, where the website originates and is designed to be accessed and is deemed to be made in Barnsley, England. You hereby consent to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the use of this website. Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ITS Ltd as a result of this agreement or use of this website. Each and every provision of this agreement is separate and severable. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set out above, then the validity and enforceability of the remainder of the terms and conditions shall not be affected. This agreement constitutes the entire agreement between you and ITS Ltd with respect to this website and it supercedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and ITS Ltd with respect to this website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You will be responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this website.

12. Variation of these Terms and Conditions

ITS Ltd reserves the right to change the terms, conditions, and notices under which this website is offered including this agreement and the privacy policy. We will do this by altering the access agreement and/or the privacy policy on our website and this alteration will then be of immediate effect. For this reason you should regularly visit the access agreement and privacy policy on the site as the current version will be binding on you.

PRIVACY POLICY RELATING TO THE ITS Ltd WEBSITE www.ind-training.co.uk

In this agreement, the 'Website' means the ITS Ltd website at www.ind-training.co.uk.  'ITS Ltd' means Independent Training Services Ltd,  a private company limited by guarantee which is registered in England & Wales under company number 4274770 and charity registration number 1091711, with its registered office at Park Road, Barnsley, South Yorkshire, S70 1YD.

ITS Ltd is committed to protecting your privacy and developing technology that gives you a safe online experience. This Privacy Policy applies to the ITS Ltd Website and governs data collection and usage. By using the Website, you consent to the data practices described in this policy.

The Website is operated by Independent Training Services Ltd (ITS Ltd) at Park Road, Barnsley, South Yorkshire, S70 1YD.  Please address enquiries by post to that address, by e-mail to info@ind-training.co.uk or by telephone at 0800 328 9220

The ind-training.co.uk site links to other sites which will not be covered by the ITS Ltd privacy policy. You should check the privacy policy of each site before providing information to it.

Information you give us

We receive and store any information you enter on the Website or give us in any other way. You provide this information when you search, participate in discussion forums, or communicate with us by phone, e-mail or otherwise. As a result of those actions you might supply us with such information as your name, address, post code, date of birth, gender, information on how you use our services (such as type, date, time, and information on your browsing activity when visiting the Website) and any other information with respect of your use of the Website or our services. We might also ask for other specific information from time to time.

We use the information that you provide for such purposes as responding to your requests, customising future use of the Website for you, improving the Website and communicating with you.

Automatic information

We receive and store certain types of information whenever you interact with us. For example, like many websites, we use cookies and in the future we may also use webbugs. This technology allows us to obtain certain types of information when your web browser accesses the Website. Third parties might also do this on the Website. Examples of information we collect and analyse using technology which is not readily apparent include the Internet Protocol (IP) address used to connect your computer to the internet; log in; e-mail address; password; computer and connection information such as browser type and version, operating system and platform; the full Uniform Resource Locators (URL), click stream to, through and from the Website, including date and time; cookie number; pages viewed or searched for; your site history, and phone number used to contact us. A number of companies offer utilities designed to help you visit websites anonymously. We want you to be aware that these tools exist.

What are Cookies and Webbugs?

• Cookies are pieces of information that we transfer to your computer's hard drive through your web browser when you are viewing the Website. These pieces of information allow the Website to act on information that will make your use of the Website more rewarding. We use cookies to enable our system to recognise your browser and to provide features such as easier login and greater security and for storing information about you between visits.
• The 'help' portion of a toolbar on most browsers will tell you how to protect your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However if you turn cookies off you won't have access to some of the features that make the Website more efficient and services may not function properly.
• Webbugs are minute images (commonly 1 pixel x 1 pixel to be exact) that transmit data on use of the internet back to a computer specified by the webbug. Information fed back by webbugs is often similar to the sort of information you will find in a cookie, such as the sites that you have recently visited and potentially the characteristics of the machine that you were using. You can find out more about webbugs by visiting http://www.bugnosis.org/faq.html. Before you access that site you should remind yourself of our policy on links which is contained in our Access Agreement. The bugnosis.org site also tells you what you can do to find out what a webbug is doing or how to stop it coming to your computer altogether. You should remember that we cannot guarantee that any anti-webbug software you install will not cause harm to your computer.

Does ITS Ltd share the information received?

ITS Ltd collects and uses your personal information to operate and deliver any services you have requested. ITS Ltd may sell, rent or lease user lists to third parties and in giving us your details on this site you acknowledge this and consent. You consent to use of any personal details you give for internal administrative purposes, for marketing, and for release to third parties either for gain or without charge. This may include sending personal information outside of the European Economic Area (EEA) and, given the nature of the internet, across international borders. You consent to that transfer outside the EEA. The data protection laws outside the EEA may not be as extensive as in the EEA but ITS Ltd will at all times adhere to the data protection principles outlined in the Data Protection Act 1998. Additionally you acknowledge that ITS Ltd might sell or buy other assets or that someone else may take over the running of this site. The legal status of ITS Ltd or its ownership could also change. In this type of transaction, customer information generally is one of the assets transferred. You acknowledge that your data could be transferred as part of the process and consent to that. ITS Ltd does not use or disclose sensitive personal information, such as race, religion or political affiliations, without your explicit consent.
We will also give out personal information as required by law, for example to comply with a Court Order, to enforce our Access Agreement and other terms and conditions or to protect the safety and security of users on the Website.
If you give fax, phone or e-mail details you authorise ITS Ltd or our associates to contact you using that method. If you decide that you no longer wish us to communicate with you, or the details we hold on you change, or you decide to register with the Telephone Preference Service or Fax Preference Service in the UK or any equivalent you agree to tell us to enable us to update our records.

How secure is information about me?

• The security of all personal data is of the utmost concern to us. We take technical, contractual, administrative and physical steps to protect all of the user information we hold. Despite this no system is 100% secure and you acknowledge that the information you give us is at risk.
• It is important for you to protect against unauthorised access to your password and to your computer. Be sure to log out when using a shared computer (such as in an internet café or college) and take steps to make sure your personal information has not been stored by that computer or a network connected to it.

What choices do I have?

• The help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie or how to disable cookies altogether.
• You can visit sites on the internet that will tell you more about webbugs and what to do about them.
• There are products which allow anonymous browsing.

Conditions of use

This agreement is governed by the laws of England, where ITS Ltd originates and is designed to be accessed and is deemed to be made in Barnsley, England. You consent to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

By continuing to use the Website you agree that you have read the Access Agreement and that you agree with all of its contents. This agreement and the Access Agreement may be altered and for this reason you should regularly visit the Privacy Policy on the Website as the current version will be binding upon you.