These terms and conditions apply between you, the user of this website (www.mkctraining.com), and MKC Training Services Ltd. (MKC Training), the owner and operator of this website. Your use of this website confirms that you have understood and agree to be bound by these terms and conditions. If you do not agree, you should stop using the website immediately.
In these terms, user and users means any third party that accesses the website. MKC Training is a wholly owned subsidiary of MidKent College and is registered in England and Wales (Registered no. 06657548). Registered Office: MidKent College, Medway Road, Gillingham, Kent ME7 1FN.
These terms incorporate by reference our Privacy statement, Cookie policy, Acceptable Use policy, and Web Accessibility policy, together with any other policies or terms published on our website and identified as applicable to your use of the website or any of its features. We may introduce new or updated policies from time to time by posting links to those policies on the website, and those policies will take effect when first published at the linked location. You should review all applicable policies before using the website. We may co-operate with law enforcement authorities or comply with court orders as set out below.
We allow access to our website on a temporary basis and may withdraw or amend the website. We will not be liable if the website is unavailable at any time or for any period, and we may restrict access to parts of the website, including to registered users. Access may also be suspended without notice in the case of system failure, maintenance, repair or reasons beyond our reasonable control.
If you create or are provided with a user account, password, or any other piece of security information, you must treat such information as confidential, keep it secure and not disclose it to any third party. You are responsible for all activities that occur under your credentials. You must notify us immediately if you know or suspect that your credentials have been compromised, or if there is any unauthorised use of your account. We reserve the right to disable any user account at any time where, in our opinion, you have failed to comply with these terms or to protect security.
MKC Training is the owner or the licensee of all intellectual property rights appearing on our website, including trademarks, logos, graphics, photographs, animations, signage, livery, videos, stationery, publications, reports and text. Your use of the website and its contents does not grant you any rights to our intellectual property or that of third parties.
Other than as expressly permitted, you may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, copy source code, communicate to the public or distribute in any way the services, web pages or materials on our website, except with our prior express authorisation. Unless otherwise stated, third parties that publish their content on our website retain full copyright ownership of their material. All third-party names and marks are exhibited in good faith and no permission is given for their use without the owners’ consent.
Automated access and processing: You must not use any automated tools, software, robot, spider, scraper, data mining, data gathering or extraction tool, artificial intelligence system, machine learning model, bot, crawler, or similar technology to access, interact with, extract, download, copy, cache, index, analyse, or process any part of the website, its content, or any associated data, whether directly or indirectly, without our express prior written authorisation.
Scraping, text and data mining: Except where a statutory exception applies and cannot lawfully be excluded, you must not conduct or attempt to conduct any text and data mining, text or data analytics, web scraping, screen scraping, database scraping or similar activity in relation to the website or its content. This restriction is intended to operate to the fullest extent permitted under applicable law, including Article 4 of Directive (EU) 2019/790 on Copyright and related rights in the Digital Single Market and any implementing or equivalent legislation in the relevant jurisdiction.
Authorisation requirement: Any activity described in this section requires our express prior written authorisation, unless and only to the extent that a non-waivable statutory exception applies. Requests for authorisation must be made in writing to [contact details to be inserted] and may be granted or withheld at our discretion and subject to conditions.
AI generated submissions: You must not use, or permit others to use, the website, its content, our trade marks, logos, brand identifiers or any derivative works to train, fine-tune, validate, test, improve or otherwise develop or promote any AI systems, models, algorithms or related tools without our express prior written permission. Any permitted use will be subject to written terms agreed with us in advance.
Use of our content and trade marks for AI: You must not use, or permit others to use, the website, its content, our trade marks, logos, brand identifiers or any derivative works to train, fine tune, validate, test, improve or otherwise develop or promote any AI systems, models, algorithms or related tools, without our express prior written permission and any permitted use will be subject to written terms agreed with us in advance.
Enforcement: We reserve the right to monitor for, and technically restrict, prohibited activities and to take any action available at law or in equity in response to any breach of this section, including revoking access and pursuing remedies.
You may only use our website in accordance with all applicable laws relevant to the jurisdiction from which you access it, and you agree that you will not engage in the prohibited activities listed in these terms, including using the site to encourage unlawful activity, transmitting malicious code, uploading defamatory or offensive material, impairing the website’s functionality, infringing others’ rights, bypassing security, attempting unauthorised access, or uploading files containing active hyperlinks as specified below. In the event that you have a claim against another user arising out of that user’s use of our website, you agree to pursue such claim independently of and without recourse to us.
Any ideas, suggestions, comments, reviews, concepts, information, techniques, text, photos, graphics or other content that you submit or upload to our website will be considered non-confidential and non-proprietary. By submitting any materials, you warrant that they comply with these terms, our Acceptable Use policy and the content standards set out below, and that they will not be defamatory, offensive, impersonate others, infringe privacy or intellectual property rights, engage in commercial solicitation, or remove legal notices, as set out in these terms. We will not be responsible or liable to any third party for the content or accuracy of any materials posted by you or any other user. We reserve the right to monitor, inspect and remove any materials or posting you make on our website if, in our opinion, such material does not comply with our content standards or breaches these terms, and we may disclose your identity to any third party claiming infringement of intellectual property or privacy rights.
You agree to indemnify us on demand for any loss or damage arising from any breach of the above warranties or our Acceptable Use policy by you. You grant us a worldwide, non-exclusive, royalty-free, transferable and sub-licensable licence to use, host, store, reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content you upload for the purpose of operating, improving, promoting and redistributing the website and our services.
Our website and systems have security measures in place to protect against the loss, misuse or alteration of personal data. We process information about you in accordance with our Privacy statement, which forms part of these terms. By using the website, you consent to such processing, and you warrant that all data provided by you is accurate. We use cookies as described in our Cookie policy. You can manage your cookie preferences at any time using the cookie settings tool on our website. You should use your own virus protection software and configure your information technology, computer programmes and platform to access our website securely. We cannot guarantee that files you download are free from viruses or other harmful code.
We may co-operate with any law enforcement authorities or comply with court orders requesting or directing us to disclose the identity of, or locate, anyone breaching these terms, or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders. We may also be required by law to disclose information about you or your use of our website.
This website may contain links to other websites outside our control and not covered by our Privacy policy. We are not responsible for the contents or reliability of linked websites and do not necessarily endorse the views expressed within them. There is no guarantee links will work at all times, and we do not control the availability of linked pages. We take no responsibility for the privacy policies of any linked websites. Although we seek to include quality, safe and relevant external links, users should adopt caution before clicking any external web links and do so at their own risk, and we cannot be held liable for any damages caused by visiting external links.
You may link to our home page provided you do so in a way that is fair and legal, does not damage our reputation or take advantage of it, and does not suggest any form of association, approval or endorsement where none exists. We may withdraw linking permission without notice.
We do not promise that our website will be available uninterrupted or in a fully operating condition, and we cannot guarantee that any files you download are free from viruses or destructive features. Access may be suspended without notice in the case of system failure, maintenance, repair or reasons beyond our reasonable control. We are constantly looking for ways to improve our website and, if the need arises, we may suspend access to it and some material may be out of date at any given time. We may investigate reported breaches and take action we deem appropriate, including removing your information, issuing warnings or suspending, restricting or terminating access.
Whilst we use reasonable endeavours to correct errors or omissions as soon as practicable once brought to our attention, we do not promise that information on our website will be free from errors or omissions. All content is provided on an ‘as is’ and ‘as available’ basis and we do not make any representation or promise, whether express or implied, in respect of the website or its content, including its accuracy or any advice given on or via the website. We disclaim liability and responsibility arising from any reliance placed on such materials by you or any visitor and you should obtain professional advice where necessary. Nothing in this paragraph restricts your statutory rights.
Nothing in these terms excludes or limits our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
We do not accept liability for damage to your computer system or loss of data that results from your use of our website or downloading any material, unless such damage results from our negligence or for any loss arising from events beyond our reasonable control, including failures of transmission or your inability to access the website.
To the extent permitted by law, we and other members of our group exclude all conditions, warranties and other terms which might otherwise be implied and any liability for any direct, indirect or consequential loss or damage incurred in connection with the website or use of it or linked websites, including loss of income, business, profits, contracts, anticipated savings, data, goodwill, wasted management time, computer failure or other loss, however arising, even if foreseeable.
If you are a business user, the exclusions and limitations in this section apply to the fullest extent permitted by law. If you are a consumer, nothing in these terms affects your legal rights and statutory remedies and we will provide services with reasonable care and skill as required by law.
We may assign, transfer, novate or otherwise deal with any of our rights and obligations under these terms on notice to you by posting an update on the website or by other reasonable means. You may not assign or transfer your rights or obligations without our prior written consent.
We may amend these terms and conditions at any time. Changes take effect once posted on the website and you will be deemed to have accepted them by your continued use of the website from such time. We will indicate the date of the last update at the end of these terms and may maintain a summary of material changes in an update log accessible from this page.
You confirm that all information and details provided by you to us, including on registration forms, are true, accurate and up to date in all respects at all times, that you will comply with the restrictions on use set out in these terms, and that in relation to any material submitted you have the right to do so and have obtained all necessary licences and approvals.
If any provision of these terms is found by a court or regulator to be invalid or unenforceable, the other provisions shall continue to apply, and where possible the offending provision shall be modified to the minimum extent necessary to make it valid and enforceable, or, if that is not possible, it shall be deleted.
In the event of any dispute between you and us concerning these terms or any claim arising from or related to a visit to the website, the laws of England and Wales will apply unless you are a resident of Scotland or Northern Ireland, in which case the laws of Scotland or Northern Ireland will apply as applicable. If you wish to take court proceedings against us, you must do so within England and Wales or, if you are a resident of Northern Ireland or Scotland, within Northern Ireland or Scotland as applicable. We retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country.
If you have any questions about these terms or wish to contact us regarding the website, please use the contact details provided on the website. We may investigate complaints and take action we deem appropriate as set out above.
Contains public sector information licensed under the Open Government Licence v3.0
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