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Updated April 2020

Introduction

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. Please read these terms and conditions carefully, as they affect your legal rights. Your use of this Website is confirmation that you have understood and agreed to be bound by all of these terms and conditions. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, 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.

Access and registration

We only allow access to our website on a temporary basis and may withdraw or amend the website without notice. We will not be liable if, for any reason, our website is unavailable at any time or for any period. We may restrict access to some parts of our website or our entire site to limited groups of Users such as Users who have registered with us.

Intellectual property rights

MKC Training is the owner or the licensee of all intellectual property rights appearing on our website, including, without limitation, trademarks, logos, graphics, photographs, animations, signage, livery, videos, stationery, publications, reports and text. Your use of our website and its contents does not grant you any rights to our intellectual property or the intellectual property of third parties in our website and its contents.

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. Any use other than that permitted under these terms may only be undertaken with our prior express authorisation.

Unless otherwise stated, Third Parties (e.g. business partners, government departments, customers and associates) who publish their content on our website retain full copyright ownership of their material.

All Third Party product or company names, devices, logos, icons, graphics or designs referred to on our website are, or may be, trademarks of their respective owners and are exhibited in good faith and in such a manner as is intended to be for the benefit of such trademark owners. We do not give permission for their use by any person other than with the consent of their owners. Any such use without consent may constitute an infringement of the owner’s rights. The appearance or absence of any Third Party products, services, companies, organisations, home pages or other websites on our website does not imply any endorsement or non-endorsement by us.

Your use of the website or visitor material and conduct

You may only use our website (or any part of it) in accordance with all applicable laws relevant to the jurisdiction from which you access our website. You agree that you will not:

  • Use our website in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity;
  • Transfer files to or through our website that contain viruses, Trojans, worms or anything else that is malicious or technologically harmful or that may interfere with, interrupt or disrupt the normal operation of our website;
  • Introduce or transfer through the website material that is defamatory, libellous, obscene, offensive, threatening, menacing or blasphemous, or material that may cause annoyance inconvenience or needless anxiety;
  • Use our website in a way to cause it to be interrupted, damaged, rendered less efficient or in a way so that the effectiveness or functionality of our website is impaired;
  • Use our website in a manner that infringes the rights of another person, firm or company (including, without limitation, intellectual property rights, confidentiality rights or rights of privacy); misrepresents the user's identity or authority, tampers with communications that are not the user's, or makes any alteration to any information on the website;
  • Do anything that would seek to bypass or interfere with any security features of our website, or interfere with any of our websites, servers, or networks;
  • Attempt to gain unauthorised access to any part or component of our website, the server on which our website is stored or any server, computer or database connected to our website; and, upload files which contain an active hypertext link to another website.

In the event that you have a claim against another User of our website arising out of that User’s use of our website, you agree to pursue such right, claim or action independently of and without recourse to us. Use of the website by members of the Company is subject to the Company’s rules relating to the use of computers.

Your legal obligations / your promises to us

You confirm that:

  • All information and details provided by you to us (including on registration forms, if applicable) are true, accurate and up to date in all respects and at all times;
  • You will comply with the restrictions on your use of our website as set out in paragraph 4 (Your use of the website or visitor material and conduct), and as set out elsewhere in these Terms; and in relation to any material submitted to our website, you have the right to do so and have obtained all necessary licences and or approvals.

Submission of information

Any ideas, suggestions, comments, reviews, concepts, know-how, information, techniques, text, photos, graphics or other content (“Materials”) that you submit or upload to our website will be considered non-confidential and non-proprietary.

By submitting any materials to us, you warrant and represent that it will not:

  • Be defamatory, libellous, obscene, offensive, threatening, menacing or blasphemous, or be material that may cause annoyance, inconvenience or needless anxiety;
  • Impersonate any person or entity, including without limitation any of our employees, associates, principals or directors nor misrepresent or falsely state your affiliation with any person or entity;
  • Infringe the legal rights of any other person (including any rights of privacy or confidentiality)
  • Infringe any copyright, trademark, trade secret, design right, patent or other intellectual property or proprietary right of any kind wherever in the world;
  • Offer to sell, advertise, promote or solicit any goods or services for any commercial purpose, or otherwise engage in any commercial activity; and falsify or delete any author attributions, or otherwise remove any proper legal or proprietary notices or designations in any material that is submitted.

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 of the website.

We reserve the right to monitor, inspect and remove (without liability to you) any materials or posting you make on our website, if, in our opinion, such material does not comply with our content standards or is in breach of these terms. We also have the right to disclose your identity to any Third Party who is claiming that any materials posted or uploaded by you to our website is an infringement of their intellectual property rights or of their right to privacy.

Our legal obligations and limits on liability

Nothing in these terms shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence. We do not accept any liability for:

  • Damage to your computer system or loss of data or other proprietary material that results from your use of our website or in connection with your downloading of any material posted on it, or on any website linked to it, unless such damage results from our negligence; and
  • Any loss, damage, expense, costs, delay or other liability whatsoever (including without limitation any financial losses such as loss of profit) which you may incur as a result of any event beyond our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access our website for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium).

Whilst we use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not promise that the information on our website itself will be free from errors or omissions.

We do not promise that our website will be available uninterrupted and in a fully operating condition and we cannot guarantee that any files that you download are free from viruses, contamination or destructive features.

Access to our website may be suspended and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control.

All content on our website is provided on an 'as is' and 'as available' basis. We do not make any representation or make any promise (whether express or implied) in respect of the website or its content, including, without limitation, its accuracy, any advice given and statements made on or via the website or forward-looking statements. Therefore, we disclaim all liability and responsibility arising from any reliance placed on such materials by you or any visitor to our website, or by anyone who may be informed of any of its contents. Any decisions or action taken by you on the basis of information provided on or via the website are at your sole discretion and risk and you should obtain professional advice where necessary. Nothing in this paragraph shall restrict your statutory rights (including your rights to receive a reasonable standard of service).

To the extent permitted by law, we and other members of our group of companies hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
  • Any liability for any direct, indirect or consequential loss or damage incurred by you in connection with the website or in connection with the use, inability to use, or results of the use of the website, any websites linked to it and any materials posted on it, including, without limitation any liability for (i) loss of income or revenue; (ii) loss of business; (iii) loss of profits or contracts; (iv) loss of anticipated savings; (v) loss of data; (vi) loss of goodwill; (vii) wasted management or office time; (viii) computer failure; and (ix) for any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This website may contain links to other websites outside the Company's control not covered by our privacy policy. The Company is not responsible for the contents or reliability of the linked websites and does not necessarily endorse the views expressed within them. Listing should not be taken as endorsement of any kind. There is no guarantee these links will work all of the time and there is no control over the availability of the linked pages. The Company takes no responsibility for the privacy policies of any linked websites.

Although this website only looks to include quality, safe and relevant external links, users are advised to adopt a policy of caution before clicking any external web links mentioned throughout this website. (External links are clickable text / banners / image links to other websites.)

The owners of this website cannot guarantee or verify the contents of any externally linked website despite their best efforts. Users should therefore note they click on external links at their own risk and this website and its owners cannot be held liable for any damages or implications caused by visiting any external links mentioned.

Security and privacy

This website, and the company's computer systems, has security measures in place to protect the loss, misuse or alteration of personal data.

We process information about you in accordance with our privacy statement. You must read our privacy statement which contains important information about the use of your personal data, other information regarding your privacy and our security processes and policies, and which forms part of these terms and conditions. By using the website you consent to such processing and you warrant that all data provided by you is accurate.

We may co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or locate anyone breaching or in breach of paragraph 4 (Your use of the website or visitor material and conduct), or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which we may be required by law to disclose information about you or your use of our website.

We may investigate any reported breach of these Terms or complaints and take any action that we deem appropriate (which may include, without limitation, removing any of your information, issuing warnings, suspending, restricting or terminating your access to and/or removing any materials from the website). We also reserve the right at our discretion to suspend, restrict or terminate your access to our website at any time without notice if we have reasonable grounds to believe that you have breached any of the restrictions in paragraph 4 (Your use of the website or visitor material and conduct).

Changes to the website

We are constantly looking for new ways to improve our website and, if the need arises, we may suspend access to it. Accordingly, some of the material on our website may be out of date at any given time and, except as required by law, we are under no obligation to update such material.

Changes to these terms

We may amend these terms and conditions at any time. All such changes will take effect once they have been posted on the website and you will be deemed to have accepted any such changes by your use of the website from such time.

Severance

If any provision of these Terms is found by a court or a regulator to be invalid or unenforceable the other provisions shall continue to apply.

Governing law and jurisdiction

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 & 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 & Wales or if you are a resident of Northern Ireland or Scotland, within Northern Ireland or Scotland (as applicable). However, we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.

These Terms are dated April 2020.

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