Terms and Conditions
JCQ WEBSITE TERMS AND CONDITIONS
The following terms and conditions apply to your use of this website. By accessing and viewing this website you agree to be bound BY AND ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO COMPLY WITH THESE TERMS AND CONDITIONS OF USE, YOU SHOULD LEAVE THIS WEBSITE IMMEDIATELY AND MUST NOT ACCESS OR USE ANY OF THE INFORMATION AVAILABLE ON THIS WEBSITE.
1. Website Operator
This website is operated by the Joint Council for Qualifications (“JCQ”, “we”, “us”), a not-for-profit Community Interest Company, Registered in England No. 8805432 with offices at Ground Floor, 4 Millbank, Westminster, London, SW1P 3JA. If you have any comments or questions about this website please contact us at firstname.lastname@example.org
2. Ownership of materials and licence terms
2.1 This website and the materials on it are protected by copyright, database right, trade marks and other intellectual property rights and laws throughout the world.
2.2 You acknowledge and agree that, as between you and us, all trademarks, copyright, database rights and other intellectual property rights subsisting anywhere in the world at any time in and to the content and the design and the layout of the website and in all materials made available on this website are owned by or licensed to us.
2.3 Except as expressly set out in these terms, no right or licence is granted to you in relation to such rights.
2.4 You are permitted to display the materials on this website to which you have been granted access (the Materials) on your computer screen and to download and print a hard copy of the Materials at no cost to you in each case for your personal use and information only, provided you comply with the clause 2.6 and accurately and fully reproduce the Materials including any copyright, trade mark or other proprietary notices.
2.5 Where you are a school, college or other organisation which has been approved to offer qualifications which are the products of JCQCIC members then you may make the Materials available on your intranet provided that you comply with clause 2.6 and accurately and fully reproduce such materials including any copyright, trade mark or other proprietary notices and provided that such intranet is only made available by you to your staff and students and that in order to access such materials any such person must first have read and agreed to terms which are equivalent to those set out in this clause 2 which deal with the intellectual property rights in and to the Materials and the use to which such Materials can be put. If you do allow access to the Materials in this way then you shall remain liable for use of any of such Materials by anyone who accesses them from such intranet, and you shall indemnify us and keep us indemnified against any costs, claims, charges, losses and liabilities arising out of any breach by you of this clause.
2.6 You undertake not to:
amend any of the materials on this website and/or downloaded from this website in any way or remove or alter any copyright, trade mark or other proprietary notice;
commercially exploit any of the Materials or any part of them without our prior written consent;
establish a link to this website from any other website, intranet or extranet site without our prior written consent;
use this website to upload or distribute any material that contains viruses or anything similar;
do anything that may interfere with or disrupt this website or the Materials; or
submit or post, email, transmit or otherwise make available any content using this website which is vulgar, unreliable or misleading, abusive, threatening, defamatory, obscene, offensive, liable to cause harassment and/or distress or which is otherwise considered by us in our absolute discretion to be objectionable or unlawful.
2.7 If you wish to use amend or reproduce any of the materials in this website in any manner other than as expressly permitted under these terms and conditions, please contact us at email@example.com
3. References, extracts and acknowledgement
You may refer to the materials on this website or quote non substantial extracts of the materials (in terms of quantity and quality) in your own materials. Such references and/or extracts must be accurate, not misleading and they must all be accompanied by a written acknowledgement of the JCQCIC’s ownership of the copyright in such materials and where the extracts have been taken from.
4. Website availability
This website is provided free of charge and we make no guarantee, and offer no warranty or representation that the website will available or that use will be uninterrupted or error free. We reserve the right to charge, suspend or withdraw the whole or any part of the website or any of the information available on it at any time without notice and without incurring any liability.
5. Links from this website
We may from time to time provide links from this website to websites that are owned and controlled by third parties. These links are provided only for your convenience and we have no control over, and shall have no liability in respect of, those websites.
If you are a member of JCQCIC then you are permitted to access certain materials that are not available to other users of this website (“Member Materials”). Each member is permitted to display Member Materials on its intranet at no cost to the member provided that such Member Materials are only accessible to Member’s staff for reading on screen and, downloading, printing and using hard copies of the Member Materials for the member’s own internal business purposes. Members are only permitted to disclose Member Materials to other members and must not disclose them or any part of them to anyone else or use them for anything other than the member’s internal business purposes.
Employees of member awarding bodies may be allowed access to the members only section of the website. Access can only be authorised by the relevant awarding body’s representative on the administration committee who must contact the JCQCIC office to arrange access.
The JCQCIC office reserves the right to terminate access to the website at any time. Should an employee cease to work for an awarding body the awarding body’s representative on the administration committee is responsible for notifying the JCQCIC office of the date for termination of access.
7. Accuracy of information
We shall use our reasonable endeavours to ensure that all materials available on this website are accurate and up-to-date. However, it is your responsibility to ensure that any materials which you use are the most up to date versions and the JCQCIC will not be liable (whether in contract, tort (including (without limitation) negligence) or otherwise) for any loss or damage you suffer due to the use of materials which are out of date. The JCQCIC will not provide you with notice that the materials have been or are to be amended and/or updated in any way.
8.1 The JCQCIC does not warrant or represent that the website will be free of defects or viruses although the JCQCIC shall take reasonable steps to prevent viruses infecting this site.
8.2 Nothing in these terms and conditions excludes or limits our liability:
8.2.1 for fraud and/or fraudulent misrepresentation;
8.2.2 for death or personal injury caused by our negligence;
8.2.3 pursuant to section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
8.2.3 in relation to any other act or omission for which liability cannot be excluded or limited by law.
8.3 If you are a consumer then nothing in these terms and conditions affects your statutory rights.
8.4 To the extent permitted by law, and subject always to clauses 8.2 and 8.3 above, we shall not be liable for:
8.4.1 any indirect or consequential loss, damage, injury or expense;
8.4.2 any loss of profit, revenue, business, or goodwill; or
8.4.3 any loss or corruption of programs or data, arising from or related to access to, use of or any attempt or failure to access this website, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise.
8.5 We will not be liable for any loss or damage suffered by third parties as a result of the unauthorised reproduction of JCQ or JCQCIC material by persons or organisations that are not members of the JCQCIC, whether or not the material has been reproduced accurately.
We reserve the right to change these terms and conditions at any time. Any new version of these terms and conditions will be posted on the website and will take effect and govern all use of the website immediately from the time it is posted. If you use the website after the new terms and conditions have come into effect any further use of the website indicates your agreement to be bound by the new terms and conditions.You are responsible for checking the terms and conditions each time you use this website and we will not notify you of any such change. No other modification to these terms and conditions shall be effective until agreed in writing by us.
10. Entire agreement
These terms and conditions sets out the entire agreement and understanding between us and you, and supersedes all proposals and prior agreements, arrangements and understandings between us and you, relating to its subject matter.
We and you acknowledge that we and you do not rely on any representation, warranty, collateral contract or other assurance of any person that is not set out in these terms and conditions. We and you waive all rights and remedies which, but for this clause, might otherwise be available to us or you in respect of any such representation, warranty, collateral contract or other assurance. The only remedy available to us or you in respect of any representation, warranty, collateral contract or other assurance that is set out in these terms and conditions is for breach of contract under these terms.
12. No implied terms
Except as expressly stated in these terms and conditions, all conditions, warranties, stipulations and other statements whatsoever (except as to title to goods) that would otherwise be implied or imposed by statute, at common law, by a course of dealing or otherwise howsoever are excluded to the fullest extent permitted by law.
Delay in exercising, or failure to exercise, any right or remedy in connection with these terms and conditions shall not operate as a waiver of that right or remedy. The waiver of a right to require compliance with any provision of these terms and conditions in any instance shall not operate as a waiver of any further exercise or enforcement of that right and the waiver of any breach shall not operate as a waiver of any subsequent breach. No waiver in connection with these terms and conditions shall, in any event, be effective unless it is in writing, refers expressly to this clause, is duly signed by or on behalf of the person granting it and is communicated to the person in whose favour the waiver is made.
We and you intend each provision of these terms and conditions to be severable and distinct from the others. If a provision of these terms and conditions is held to be illegal, invalid or unenforceable, in whole or in part, we and you intend that the legality, validity and enforceability of the remainder of this Agreement shall not be affected.
15.1 You may not assign or sub-contract or sub-licence any of your rights or obligations under these terms and conditions to any third party without our prior written consent.
15.2 We may transfer or assign all or any of our rights or obligations under these terms and conditions to another party.
16.1 Headings are included for convenience only and will not be used in construing any provision of these terms and conditions.
17. Governing law
These terms and conditions shall be subject to English law and the parties hereby submit to the non-exclusive jurisdiction of the English courts.