1. DEFINITIONS AND INTERPRETATION
1.1 In these Conditions the following words and expressions shall (unless the context shall otherwise require) bear the following meanings:
"London Innovation Placement Programme"
The London Innovation Placement Programme is funded by the London Development Agency (LDA) and managed by Step Enterprise Limited (SEL);
"us" and "we"
Step Enterprise Limited whose registered office is at 14-16 Bridgford Road, West Bridgford, Nottingham, NG2 6AB (and "our" shall be construed accordingly);
"Information"
all information images and graphics displayed on the Website (including the Extranet) by us; "Extranet" our extranet facility forming part of the Website enabling a Client to access information regarding any programmes, job vacancies and services we provide;
"Client"
all individuals, partnerships, companies or other entities who have entered into a Service Agreement and are granted access to the Extranet; "Conditions" these terms and conditions;
"Service Agreement"
an agreement between a Client and us for the provision of professional services by us to the Client;
"you"
all individuals, partnerships, companies or other entities (including Clients) which access the Website for any reason (and “your” shall be construed accordingly);
"Web Link"
a hypertext link from www.londonplacements.co.uk to a third party website; and
"Website"
the website located at the domain name known as “www.londonplacements.co.uk” which we own and/or operate or any alternative website that we own and may operate from time to time.
1.2 For the purposes of these Conditions, any reference to "us" or "we" shall include all our subsidiary, holding, group or associated companies.
1.3 These Conditions do not create any right enforceable by a person not a party to them under the Contracts (Rights of Third Parties) Act 1999.
1.4 The headings in these Conditions are inserted only for convenience and shall not affect its construction.
1.5 Where appropriate words denoting a singular number only shall include the plural and vice versa and references to the masculine gender shall include the feminine and neuter genders and vice versa.
1.6 Reference to any statute or statutory provision includes a reference to the statute or statutory provision as from time to time amended, extended or re enacted.
2. TERMS OF USE
2.1 This page states the terms and conditions under which you may use the Website. You must read this page carefully. In the event that you do not accept any of the Conditions, you should immediately cease any further use of the Website.
2.2 You indicate your acceptance of the Conditions and are deemed to be bound by the Conditions by your use of the Website and in doing so are also deemed to accept and be bound by any additional terms and conditions which expressly apply to any products, services and/or information provided by third parties which are displayed within the Website.
2.3 We may revise the Conditions at any time by updating this posting. You should visit this page periodically to review the Conditions as any revision of the Conditions shall be binding upon you if you continue to use the Website after the making of such revision. Where you are a Client and we have a valid current email address for you we will email you any material revision(s) that we make to the Conditions from time to time.
2.4 By continuing to use the Website following any revision(s) of the Conditions you signify that you agree to be bound by the Conditions as revised.
3. PROHIBITED USES
3.1 We prohibit any use of the Website, and you agree not to use the Website, for any of the following activities:
3.1.1 posting, uploading or emailing any incomplete, misleading or false information or information which you know or ought to have known is inaccurate;
3.1.2 deleting or revising any information posted, uploaded or emailed by any other person or entity;
3.1.3 copying or adapting any computer code in the Website that we create to generate its pages;
3.1.4 posting, uploading or emailing material that infringes the intellectual property rights of any third party whether such third party is attached to a Web Link or not;
3.1.5 posting, uploading or emailing any information which is indecent, obscene, blasphemous, defamatory or in any other way unlawful or offensive;
3.1.6 posting, uploading or emailing information that contains viruses or programs that may destabilize the operation of the Website;
3.1.7 impersonate any person or entity;
3.1.8 disguising the authorship or origin of any material you post on, upload from or email to the Website; and
3.1.9 collecting or storing personal data about other users.
4. AVAILABILITY OF THE WEBSITE
4.1 We shall use our reasonable endeavours to ensure continuous accessibility of the Website, but we do not accept any liability arising from any errors, omissions, interruptions or delays howsoever caused nor shall we have any ongoing obligation to operate the Website.
4.2 We in our absolute discretion may vary the specification of the Website at any time without notice to you.
5. LINKS & THIRD PARTY CONTENT
5.1 The Website contains Web Links which are provided to assist you and not as an endorsement by us of the contents of such third party websites.
5.2 We do not: (i) accept any liability in respect of the content of these third party websites which are linked to the Website; (ii) make any representations or warranties regarding the content or accuracy of any information or materials on such third party websites; or (iii) authorise any act which may be in breach of copyright or any other third party rights which are protected in law or by international treaties worldwide.
5.3 You choose to access such third party websites which are linked to the Website at your own risk.
6. MATERIALS SUBMITTED TO US
6.1 We reserve the right to remove all and any material which we deem in our absolute discretion, inappropriate, including without limitation, material of a pornographic, defamatory, illegal or otherwise offensive in nature. No such material may be saved, printed, copied or otherwise uploaded to or downloaded from the Website. You agree to indemnify us against any liability arising from the uploading and inclusion by you of any material prohibited by this Condition 9.2.
6.2 You agree that you will not use the Website to stalk, harass, threaten or otherwise violate the rights of others.
7. LIABILITY
7.1 We make no representations or warranties of any kind with respect to the Website or the Information. We disclaim all such representations and warranties to the fullest extent permitted by law. In addition, we make no representations or warranties about the accuracy or the completeness or suitability for any purpose of the Information and related graphics published in the Website. The Information may contain technical inaccuracies or typographical errors. We expressly exclude all liability howsoever arising from any such inaccuracies or errors to the fullest extent permitted by law. You must satisfy yourself that any information obtained from the Website is correct, accurate and suitable for your purposes.
7.2 We do not accept liability (to the fullest extent permitted by law) for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, contracts, anticipated savings, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages) or damages for anything resulting from the use or inability to use the Extranet or any of the Information.
7.3 You must notify us immediately if anyone makes or threatens to make a claim against you resulting directly or indirectly from your use of the Website.
7.4 You agree that given the nature of the Website, the exclusions and limitations of our liability are reasonable.
8. PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
8.1 We are the proprietor of the domain name known as "www.londonplacements.co.uk" and the copyright in the Website.
8.2 All intellectual property rights in the design, text, graphics and other material on the Website and the selection or arrangement thereof are ours or those of our licensors. You must retain all copyright, trademark and other proprietary notices contained in the original Information on any copy made by you of the Information.
8.3 All other trade marks, brand names, product names and titles and copyrights and other associated intellectual property rights used in the Website are owned by their respective third party holders and we do not give you permission (whether express or implied) to use such intellectual property rights and such use may constitute an infringement of the holders rights.
9. INDEMNITY
9.1 You agree to indemnify and keep us and our subsidiaries, employees, officers, agents or partners harmless from and against any direct or indirect loss or damage (including any loss of profits, goodwill or business opportunities or any consequential losses) arising from any third party claim in relation to any material you upload, post or e-mail on or through the Website, your use of the Website or your breach of any of these Conditions.
10. TERMINATION
10.1 We reserve the right, at our sole discretion, to issue you with a warning, temporarily or indefinitely suspend a Clients password and/or immediately terminate registration and/or any other service or facility provided to you by us through the Website, upon any breach by you of these Conditions or if we are unable (for any reason) to verify or authenticate any information submitted by you to the Website in connection with registration or otherwise.
11. DATA PROTECTION
11.1 For the purposes of data protection legislation within the United Kingdom you hereby consent to the processing of "personal data" by us (as defined by the Data Protection Act 1998) by submission of your personal information by email or otherwise to the Website and we agree that we will treat the personal data as confidential.
11.2 You acknowledge and agree to be bound by the terms of our privacy policy.
12. FORCE MAJEURE
12.1 We will not be in breach of these Conditions or otherwise liable for any delay in performance to the extent that any delay or failure is due to circumstances beyond our reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, accident, virus and denial of service attacks.
13. INVALIDITY
13.1 If any part of these Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other parts of these Conditions will not be affected.
14. ENTIRE AGREEMENT
14.1 These Conditions together with any document expressly referred to within these provisions, contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings, or proposals, written or oral between us in relation to such matter or any representations or statements made to you by us or by any person, including (without limitation) any of our employees or agents. We shall have no liability for any such representations or statements, save where such representations or statements amount to fraud or fraudulent misrepresentation (for which we do not in any way seek to exclude or limit our liability).
15. CHOICE OF LAW AND JURISDICTION
15.1 The provisions in these Conditions (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and the parties submit themselves to the exclusive jurisdiction of the English courts.