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Our
Terms of Use.
These
are very important. Whenever you use the site, you are confirming
your acceptance of them in full - whether you read them or not.
Please study them carefully each time you access the site:
IMPORTANT These
terms ("Terms") govern the use of this website located at www.graduateuk.com
("Website") and operated by GraduateUK Limited ("GraduateUK").
GraduateUK Ltd.
is a company registered in England & Wales number 3851931. The registered
office of GraduateUK Limited is 31 St. George's Place, Canterbury,
Kent, CT1 1XD.
Use
of the Website signifies your complete acceptance of these Terms
without any modification, in consideration of which GraduateUK provides
you with access to the Website.
GraduateUK
may modify these Terms at any time, and at its sole discretion.
Consequently, you agree to read the Terms each time you use or access
the Website. If at any time you do not accept the Terms as displayed,
you may not use the Website. GraduateUK may, at any time, run competitions
and promotions via the Website. Separate terms and conditions may
apply to such competitions and promotions, and GraduateUK will post
these separate terms and conditions where applicable.
NON RELIANCE GraduateUK seeks to ensure the accuracy of information
contained within the Website. However GraduateUK does not guarantee
or give any warranty whatsoever as to the accuracy, timeliness or
completeness of any information or material provided on or accessed
through the Website. GraduateUK seeks to provide helpful information
through the Website. However none of the information provided via
the Website is to be regarded as formal advice or guidance and you
agree that if you act on any of the information provided via the
Website then your action is entirely at your own risk. GraduateUK
is not a replacement for professional advice on any subject. You
should always seek professional advice from sources other than GraduateUK
should you be making decisions on any issue whether for yourself
or others. The Website provides links through to other websites
("Linked Websites"), and contains information from sources other
than GraduateUK ("Third Parties"). GraduateUK has little or no control
over information and other material sourced from Third Parties or
contained within these linked websites, and users read such information
and use such links entirely at their own risk. GraduateUK will not
be held accountable for any information or other material contained
on Linked Websites, or sourced from Third Parties.
INTELLECTUAL PROPERTY "Content" means (but is not limited to) text,
content, software, video, music, sound, graphics, photographs, illustrations,
artwork, photographs, names, logos, trademarks, service marks and
other material displayed on or contained within the Website. Unless
identified otherwise, all Content on the Website is proprietary
to GraduateUK, and is protected by intellectual property laws governing
copyrights, trade marks and/or other proprietary rights. Content
on the Website includes both Content owned or controlled by GraduateUK
and Content owned or controlled by Third parties and which is licensed
to GraduateUK.
All
individual articles, reports, and other elements making up the Website
may be copyright works. You agree to fully comply with all additional
copyright notices or restrictions contained in the Website. You
may not use any of GraduateUK's trademarks or trade names (whether
the property of GraduateUK Limited or Graduate Enterprise Limited)
without GraduateUK's formal written consent, and you acknowledge
that you have no ownership rights whatsoever in or to any of those
names and marks. "GraduateUK", the GraduateUK Logo and "Home to
the UK's Graduates, Young Professionals and Alumni" are trademarks
of Graduate Enterprise Limited used under exclusive license by GraduateUK
Limited. All Rights Reserved. You agree to provide GraduateUK with
prompt written notification should you become aware of any unauthorised
access to or use of the Website by any party or of any claim that
the Website or any of the Website Content infringes any copyright,
trade mark, or other contractual, statutory or common law rights
of any party.
LICENCE AND DOWNLOAD RIGHTS You acquire no rights or licences in
or to the Website and/or the Content other than the limited right
to use the Website in accordance with these Terms and to download
Content (which may include software) on the terms set out in this
section. All software that is made available for downloading from
the Website ("Software") is protected by copyright and may be protected
by other rights. The use of such Software is governed by the terms
of the software license agreement or designated "Legal Notice" accompanying
such software ("License Agreement"). The downloading and use of
such software is conditioned on your agreement to be bound by the
terms of the License Agreement. Other than as set out in this section
you may not copy, reproduce, recompile, decompile, disassemble,
reverse engineer, distribute, publish, display, perform, modify,
upload to create derivative works from, transmit, or in any other
way exploit any part of the Website. GraduateUK only permits Download
provided: (i) you make no more than one printed copy of such Download
and no further copies of such printed copy are made; (ii) you make
only personal, non-commercial use of such Download and/or printed
copy; and (iii) you retain on such Download and/or printed copy
all copyright notices and shall remain bound by all the terms of
such wording and notices. Additionally, you may not offer for sale
or sell or distribute over any other medium (including distribution
by over-the-air television or radio broadcast or distribution on
a computer network) the Content or any part thereof.
You
may not make any part of the Website available as part of another
website, whether by hyperlink framing or otherwise. The Website
and the information contained therein may not be used to construct
a database of any kind, nor may the Website be stored (in its entirety
or in any part) in databases for access by you or any third party
or to distribute any database websites containing all or part of
the Website.
PERMISSIONS
If you would like information about obtaining GraduateUK's permission
to use any of the Content or if you would like to link your website
to the Website, e-mail
permissions@graduateuk.com.
NO
WARRANTY The Website and the Content are provided entirely "as is"
excluding any warranties of any kind, either express or implied,
to the fullest extent permissible pursuant to applicable law including
(but not limited to) the exclusion of warranties of title, merchantability,
satisfactory quality, fitness for a particular purpose and non-infringement
of proprietary or third party rights. GraduateUK further accepts
no responsibility or liability for functions contained on the Website
and makes no warranties that the Website will operate uninterrupted
or error-free or that defects will be corrected. Please note that
some jurisdictions do not allow the exclusion of implied warranties,
so some or all of the above exclusions may not apply to you. GraduateUK
does not warrant that the Website is compatible with your computer
equipment or that the Website or its server is free of errors or
viruses, worms or "Trojan horses" and GraduateUK is not liable for
any damage you may suffer as a result of such destructive elements.
If your use of the Website results in the need for the servicing
or replacement of equipment or data, GraduateUK is not responsible
for those costs. GraduateUK shall not be held responsible for any
Content provided by third parties. GraduateUK is also not responsible
for the reliability or continued availability of the telephone lines
and other equipment you may use to access the website. These Terms
do not affect your statutory rights or your legal rights as a consumer.
COMMUNITIES The Website, amongst other things, contains certain
discussion forums, bulletin board services, chat areas, communities
and/or other message or communication facilities (collectively,
"Communities"). Much of the content of the Communities, including
without limitation the descriptions for many Communities and the
content within a specific message or posting, is provided by and
is the responsibility of the third party creator of the Community
or the person posting in that Community. GraduateUK has no responsibility
for such content and is merely providing access to such content
as a service to you. By their very nature, communities may carry
offensive, indecent, harmful, inaccurate or otherwise inappropriate
material, or in some cases, postings that have been mislabelled
or are otherwise deceptive. You agree to use caution, apply common
sense, and exercise proper judgment when using Communities. (i)
Permitted Uses You agree that you are solely responsible for your
own communications and for any consequences thereof. You agree to
use the Communities only to send and receive messages and material
that are legal, proper and related to the particular Community.
By way of example, and not as a limitation, you agree that when
using a Community, you will not: (a) defame, abuse, harass, stalk,
threaten or otherwise violate the legal rights (including rights
of privacy and publicity) of others; (b) publish, post, upload,
distribute or disseminate or offer to do the same (hereinafter "Post")
any inappropriate, defamatory, infringing, obscene, or unlawful
material or information, racist, sexist or homophobic material or
views; (c) Post any material that infringes any patent, trademark,
copyright, trade secret or other proprietary right of any party
(the "Rights"), unless you are the owner of the Rights or have the
permission of the owner to post or transmit such material; (d) Post
any files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's
computer; (e) advertise or offer to sell any goods or services for
any commercial purpose unless you have GraduateUK's specific written
permission; (f) conduct or forward surveys, contests, pyramid schemes
or chain letters, other than in Communities intended for such uses;
(g) download any file Posted by another user of a forum that you
know, or reasonably should know, cannot be legally distributed in
such manner; (h) impersonate another person or entity, or falsify
or delete any author attributions, legal or other proper notices
or proprietary designations or labels of the original or source
of software or other material contained in a file that is Posted;
or (i) restrict or inhibit any other user from using and enjoying
the Website. (ii) No obligation to Monitor GraduateUK does not control
the information delivered to the Communities, and GraduateUK has
no obligation to monitor the Communities. However, GraduateUK reserves
the right at all times to disclose any information necessary to
satisfy any applicable law, regulation, legal process, police request
or governmental request, or to edit, refuse to post or to remove
any information or materials, in whole or in part, for any reason
whatsoever, at GraduateUK's sole discretion. (iii) No Endorsement
GraduateUK does not endorse, support, represent or guarantee the
truthfulness, accuracy, or reliability of any communications Posted
in the Communities or endorse any opinions expressed in the Communities.
You acknowledge that any reliance on material Posted in the Communities
will be entirely at your own risk. (iv) Company's Rights GraduateUK
may at its sole discretion remove or request the removal of any
communication on the Website but GraduateUK shall have no liability
or responsibility for removal or request for removal.
GraduateUK
reserves the right to terminate or restrict your access to the Website
at any time without notice for any reason whatsoever, and GraduateUK
need not provide any reason for such termination or restriction
of access. You acknowledge that some Communities available through
the Website are available only through the Website and others are
available both through the Website and other sources, over which
GraduateUK has absolutely no control. (v) Privacy You acknowledge
that all Communities are public and not private communications,
and that therefore others may read your communications without your
knowledge.
You
agree to always use caution when giving out any personally identifying
information about yourself, your family, relatives, friends or others
in any Community. GraduateUK does not control or endorse the content,
messages or information found in any Community and, therefore, GraduateUK
specifically disclaims any liability with regard to the Communities
and any actions resulting from your participation in any Community.
Generally, any communication which you Post to the Website (whether
in chat rooms, discussion groups, message boards or otherwise) is
considered to be non-confidential. If particular web pages permit
the submission of communications that will be treated by GraduateUK
as confidential, that fact will be clearly stated on these pages.
(vi) License Grant By Posting communications on or through the Website,
you automatically grant GraduateUK a royalty-free, perpetual, irrevocable,
non-exclusive license to use, copy, reproduce, modify, publish,
edit, translate, distribute, perform, and display the communication
alone or as part of other works in any form, media, or technology
whether now known or hereafter developed, and to sub-license such
rights through multiple tiers of sub-licensees. The foregoing grants
shall include the right to exploit any proprietary rights in such
communication, including but not limited to rights under copyright,
trademark, service mark or patent laws under any relevant jurisdiction.
COPYRIGHT INFRINGEMENT AND COPYRIGHT AGENT GraduateUK may, in appropriate
circumstances and at its sole discretion, remove, or disable access
to, material on the Website that infringes on the rights of others.
If you believe that your work has been used on the Website in a
manner that constitutes copyright infringement, please provide GraduateUK's
Copyright Officer with a written notice (e-mail is sufficient) that
includes the following information: (a) an electronic or physical
signature of a person authorised to act on behalf of the owner of
the exclusive right that is allegedly infringed; (b) identification
of the copyrighted work claimed to have been infringed; (c) a description
of where the material that you claim is infringing is located on
the Website; (d) your name, address, telephone number, and email
address; (e) a statement by you that you have a good faith belief
that the disputed use is not authorised by the copyright owner,
its agent, or the law; and (f) a statement by you, under penalty
of perjury, that the information in your notice is accurate and
that you are the copyright owner or authorised to act on the copyright
owner's behalf.
GraduateUK's
Copyright Officer for notice of claims of copyright infringement
on the Website can be reached as follows:
Copyright Officer
GraduateUK
Ltd.
Kent Innovation Centre
Thanet Reach Business Park
Millennium Way
Broadstairs
Kent
CT10 2QQ
Tel: (01843) 609619
Email: copyright@graduateuk.com
LIMITATION
OF LIABILITY You acknowledge that your use of the Website, including
the Contents and the Communities, is entirely at your own risk.
If you are dissatisfied with the Website, the Terms or any or the
Content your sole remedy is to discontinue use of the Website. Save
in respect of fraud and of personal injury or death to the extent
it results from GraduateUK's negligence, in no event will GraduateUK
be liable to you or any third party for any direct, special, indirect,
consequential or incidental damages, exemplary or lost profits,
or any other damages of any kind whether based on warranty, contract,
tort (including negligence) or otherwise, even if GraduateUK has
been advised of the possibility thereof. Applicable law may not
allow the limitation or exclusion of liability for consequential
or incidental damages, so this limitation or exclusion may not apply
to you. You understand that GraduateUK may choose at any time to
inhibit or prohibit its Content from being accessed under these
Terms.
LOCAL LAWS AND REGULATIONS The Website is designed solely for use
by users in the United Kingdom of Great Britain and Northern Ireland
("UK"). The Website is not directed at any person in any jurisdiction
outside of the UK. Accessing the Website from outside of the UK
may contravene local laws and regulations. GraduateUK does not grant
permission for access to the Website to anyone outside of the UK.
Access to the Website from outside of the UK may be illegal and
contravene local laws and regulations. You accept sole responsibility
to ensure your compliance at all times with local laws and regulations.
If you choose to access the Website from outside of the UK, this
is on your own initiative and you hereby indemnify GraduateUK against
all liabilities which may result from your access of the Website
from outside of the UK contravening local laws and regulations -
whether this contravention is known by you or not. You agree to
seek local legal advice prior to accessing the Website from outside
of the UK, to ensure that such access would not or does not contravene
local laws and regulations.
INDEMNIFICATION You agree to indemnify, defend, and hold harmless
each of GraduateUK, its directors, employees, representatives and
agents, from and against any claims, actions, demands or other proceedings
including without limitation legal and accounting fees brought against
any of GraduateUK, its directors, employees, representatives or
agents, by a third party in any jurisdiction, to the extent that
such claim, suit, action or other proceeding brought against GraduateUK,
its directors, employees, representatives, suppliers, or agents
is based on or arises in connection with: (i) your use of the Website;
(ii) any breach by you of the Terms; (iii) a claim that any use
of the Website by you (a) infringes any intellectual property rights
of any third party, or any right of personality or publicity, or
(b) is libellous or defamatory, or otherwise results in injury or
damage to any third party; (iv) any deletions, additions, insertions,
or alterations to, or any unauthorised use of, the Website by you;
or (v) any misrepresentation or breach of representation or warranty
made by you contained herein. References in this section of the
Terms to your use of the Website shall be deemed to include any
use by a third party where such a third party accesses the Website
using your computer. You agree to pay GraduateUK, its employees,
representatives, and agents any and all costs, damages, and expenses
(including reasonable legal fees) awarded against any of them or
otherwise incurred by any of them in connection with or arising
from any such third party claim, suit, action or proceeding attributable
to any such third party claim.
TERMINATION
Either you or GraduateUK may terminate these terms with or without
cause at any time. [If GraduateUK terminates these terms, GraduateUK
will email you at the address you provide on registration, and you
will be deemed to have received it within one hour of transmission.
Termination will be effective at that time. You will be responsible
for notifying us of any changes to your email address. You may terminate
by sending an email to termination@graduateuk.com.
On termination you shall immediately destroy all Content, and copies
thereof, obtained from the Website.
DATA PROTECTION/PRIVACY
You consent to use by GraduateUK of all information you provide
about yourself to GraduateUK and all information which GraduateUK
collects about you which may include but is not limited to your
IP address and information relating to your use of the Website for
the administration and promotion of the Website, and for marketing
purposes. This may include disclosure by GraduateUK of such information
to third parties advertising on the Website and to third parties
running competitions and promotions via the Website. For further
details, please read our PRIVACY POLICY.
CHANGES
TO THE WEBSITE You accept that GraduateUK has the right to change
the content or technical specifications of any aspect of the Website
at any time at GraduateUK's sole discretion. You further accept
that such changes may result in your being unable to access the
Website.
VALIDITY
OF PROVISIONS AND REMEDIES Each provision of these Terms is severable
and if any provision is or becomes invalid or contravenes applicable
regulations the remaining provisions will not be affected. REPRESENTATIONS
You acknowledge that in accepting these Terms you have not relied
upon, and that none of GraduateUK, or any of its employees, officers
or agents has made, any statements, representations, promises or
undertakings whatsoever that are not expressly contained in these
Terms.
REMEDIES
GraduateUK's rights and remedies under these Terms are cumulative
and are not exclusive of any rights or remedies provided by law
or by any other agreement.
WAIVER
No waiver by GraduateUK of any breach of any obligation arising
under these Terms shall constitute a waiver of any other breach
and no failure to exercise or partial exercise by GraduateUK of
any remedy shall constitute a waiver of the right subsequently to
exercise that or any other remedy.
LINKS
TO THE WEBSITE Websites or pages to which the Website is linked
are for information only and have not been reviewed by GraduateUK.
GraduateUK has no responsibility for the content of the websites
or pages linked from or linking to this Website, and GraduateUK
accepts no responsibility or liability for any losses or penalties
whatsoever that may be incurred as a result of any linking to any
location on any linked websites.
FORCE
MAJEURE In the event of any failure, interruption or delay in performance
of GraduateUK's obligations resulting from acts, events or circumstances
not reasonably within GraduateUK's control, including industrial
disputes, acts or regulations of any governmental or supranational
bodies or authorities or the breakdown, failure or malfunction of
any telecommunications or computer service, GraduateUK shall not
be liable or have any responsibility of any kind for loss or damage
thereby incurred or suffered by you.
GOVERNING
LAW AND JURISDICTION These Terms are governed by the laws of England.
You irrevocably agree that the courts of England are to have: (i)
exclusive jurisdiction in relation to any claim that you may bring
against GraduateUK arising out of a dispute under these Terms; and
(ii) non-exclusive jurisdiction in relation to any claim that GraduateUK
may bring against you under these Terms and that accordingly any
proceedings arising out of these Terms may be brought in such courts.
You irrevocably submit to the jurisdiction of such courts and waive
any objection to proceedings in any such court on the ground of
venue or on the ground that the proceedings have been brought in
an inconvenient forum. To the extent that you may be entitled to
any jurisdiction to claim for yourself, or for your property or
assets, immunity in respect of your obligations under these Terms
from website of process, jurisdiction, suit, judgment, execution,
attachment (whether before judgment, in aid of execution of otherwise)
or legal process or to the extent that in any such jurisdiction
there may be attributed to you or to your property or assets such
immunity (whether or not claimed), you hereby waive such immunity
to the fullest extent permitted by the laws of such jurisdiction.
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