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Terms and Conditions

All transactions online are required to be from UK addresses only - no overseas students will be permitted.

All transactions will be undertaken in Great British Pounds (GBP)

Please read these Terms and Conditions of Use (' Terms ') carefully before using www.Vocation Online.co.uk (' the Website '). These Terms apply to all users of this Website including casual browsers.

· Part A applies to all users of the Vocation Online Website

· Part B applies if you join Vocation Online as a member

· Part C applies if you enrol for a Vocation Online course in a Vocation Online centre or on the Website

Part A

1. Terms applying to all users of the Vocation Online website.

Please read these Terms and Conditions of Use (' Terms ') carefully before using www.Vocation Online.co.uk (' the Website '). Additional terms and conditions apply if you register as a member of Vocation Online on this Website (Part B) and if you enrol on a course through this Website or in a Vocation Online centre (Part C). These will be drawn to your attention on registration or enrolment as applicable.

In these Terms, 'we', 'us' and ' Vocation Online ' means :

Morrison Road
Swanage
BH19 1JL

which is the owner of this Website and the Vocation Online trademark and brand, and 'you' means the user of this Website. We reserve the right to withdraw all or part of the Website at any time

By using this Website you agree to be bound by these Terms, and the Copyright Statement

You acknowledge that you are responsible for making back-up copies of all your data and taking appropriate precautions against viruses, hacking and other types of computer misuse.

Whilst we try to ensure that the Website does not contain any error, defect, malfunction or corruption, we do not accept responsibility for any damage to or loss of data on your computer system, network or server that results from the download or use of the Website or any materials made available via the Website (except for death or personal injury caused by our negligence).

We cannot promise that access to the Website will be uninterrupted or error free. We reserve the right to suspend access to the Website between the scheduled maintenance window of approximately 01.00 and 02:30 GMT each day. There may also be occasions when access to the Website is interrupted for emergency maintenance or repairs or to carry out upgrades to improve the performance or functionality of the Website. Access may also be interrupted due to failures of telecommunications links and equipment, which are beyond the control of Vocation Online .

You accept that you will not have a claim for breach of contract (either against Vocation Online or your Vocation Online provider) or otherwise in respect of such period of unavailability. You also acknowledge that we cannot be held responsible for any delay or disruptions that are inherent in the operation of the Internet and the World Wide Web, including viruses.

We shall not be liable to you for any of the following types of loss or damage arising out of or in connection with your use of the Website or any or content and/or facilities provided via the Website :

· any loss of profits, loss of earnings, loss of anticipated savings, goodwill or revenue;

· any loss or corruption of data; or

· any indirect or consequential loss.

The exclusions and limitations of liability contained in this section do not apply to :

· any loss or damage resulting from death or personal injury caused by our negligence;

· loss or damages arising from our fraudulent misrepresentation; or

· any other losses which may not be excluded or limited by law.

Each provision of this Paragraph shall be construed separately as between you and us. If any part is held by a court to be unreasonable, inapplicable or unenforceable, then the other parts shall still apply.

No amendment or variation to these Terms shall be effective unless made in writing and accepted by both of us.

The receipt of the services is personal to you and you may not transfer your rights to access the course materials or to receive the services to another person unless we have consented in writing to you doing so.

If any provision of these Terms becomes void or otherwise unenforceable in whole or in part, the validity of the remainder of these Terms shall not be affected.

If either we or you fail to enforce, or delay in enforcing, any of our respective rights or remedies under these Terms, such failure or delay shall not operate as an agreement to waive that right or remedy, and shall not prevent us from exercising that right or remedy in the future.

These Terms are governed by and shall be construed in accordance with English law. Any dispute arising between us under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English courts.

2. Purpose of the Website

The purpose of the Website is to provide individuals and businesses with information on the range of courses, centres , products and other services offered by or via Vocation Online including enrolment in England , Wales and Northern Ireland .

Please note that the courses advertised on this Website are provided by approved Vocation Online learning centres , and not by Vocation Online itself.

3. Copyright

The materials on this Website are protected by our and by third party copyright and other intellectual property rights as described in the Vocation Online Copyright Statement.

4. Third Party Links

Vocation Online may provide links to third-party websites from time to time. This may include links to sites owned by associated companies of Vocation Online . These third-party links are provided for your convenience only and are accessed at your own risk. Vocation Online is not responsible in any way for the content of any third party website or for goods or services provided by the operators of such websites.

5. Amendments to the Terms

We reserve the right to amend these Terms from time to time. When we make a change we will update this page of the Website. The date of the last revision to these Terms is provided at the end of this page. We recommend that you revisit this page from time to time to ensure that you are aware of any changes that we have made to these Terms.

Part B

6. Terms Applying if you join Vocation Online as a Member

Please read Part B carefully before registering as a member of Vocation Online via the Website. These Terms govern the process of registering as a member of Vocation Online and the use of the facilities provided to Vocation Online members.

7. Registration

To register as a member of Vocation Online you must be at least 16 years old. You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete and you agree that you will ensure it is kept accurate and up to date at all times.

Vocation Online may refuse to accept your application to register as a member of Vocation Online for any reason in its absolute discretion.

8. Password

When you register as a member of Vocation Online you will be asked to select a user name and password. As you will be responsible for all activities that occur under your user name and password, you should take care to keep your user name and password confidential. You must notify Vocation Online immediately of any unauthorised use of your user name or password or if you believe that your user name or password are no longer confidential. Vocation Online reserves the right to require you to alter your username and password if it believes that they are no longer secure.

The information that you provide to us upon registration and at any other time is subject to the Vocation Online Privacy Statement .

9. Availability of the Website

Vocation Online uses reasonable endeavours to ensure that the Website is available 24 hours a day 7 days a week. Vocation Online reserves the right to suspend access to the Website between the scheduled maintenance window of approximately 01:00 and 02:30 GMT each day. There may also be occasions when access to the Website is interrupted for emergency maintenance or repairs or to carry out upgrades to improve the performance or functionality of the Website. Access may also be interrupted due to failures of telecommunications links and equipment which are beyond the control of Vocation Online .

10. Email Accounts and Technical Support

Email Accounts

Vocation Online offers an email account to all registered members. Any use of such email account is subject to these Terms.

Vocation Online provides its email service to you free of charge. As a consequence of this Vocation Online does not make any guarantee as to the availability, performance or continued provision of this service and reserves the right to modify or to terminate the provision of its email service at any time. Vocation Online also reserves the right to establish general rules and limits concerning use of its email service at any time, including without limitation, the maximum number or size of the email messages that you may send or receive and the maximum disk space that we will allocate to you on our servers (currently 5Mb). We shall notify you if we propose to introduce or amend any such rules or limits.

You agree that Vocation Online has no responsibility or liability for the deletion or failure to store any messages or other communications that you send or receive using our email service.

You acknowledge that you are solely responsible for any content or other materials that you send by email and that all message boards are moderated by Vocation Online and that Vocation Online reserves the right to remove any message which is inconsistent with our aim of promoting an inclusive environment. All chat sessions are logged and any complaints will be investigated by Vocation Online . You agree not to use your email account :

· for any unlawful purposes;

· to transmit or communicate any material which is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful (particularly to minors), an invasion of privacy, defamatory, libellous , vulgar or otherwise objectionable;

· to transmit or communicate any material which infringes our or any other person's copyrights, trade marks, patents, moral rights or other intellectual property rights of any nature;

· for commercial purposes including without limitation the publishing or circulation of any promotion or advertisement, the solicitation of funds or the sale or supply of goods or services;

· to transmit or communicate any material which is likely to have a detrimental effect on our or any other person's reputation;

· to transmit or communicate any unsolicited or unauthorised materials, chain letters, junk mail or spam;

· to transmit any material which is likely to cause harm to Vocation Online or anyone else's computer systems, including but not limited to any virus, code, worm, data or other routine purposely designed to damage or cause any defect, error, malfunction or corruption to any computer system;

· to transmit or communicate any material in breach of the Computer Misuse Act 1990;

· to impersonate or falsely state or misrepresent your association with any entity or person including without limitation Vocation Online , the Vocation Online centres , tutors, members or other learners;

· to obtain, collect or store any personal data about any visitors, members or learners of the Website;

· to transmit applications which make excessive demands on bandwidth;

· to use more than 5 Mb of capacity; or

· to use any programs other than CGI programs and scripts provided by or on behalf of Vocation Online for the web space.

Technical Support

Vocation Online provides technical support to learners who have enrolled on a course. Requests for technical support from such learners will be routed to the Vocation Online Learner Services helpline outside of the opening hours of the relevant Vocation Online provider. We use reasonable skill and care in providing such technical support and will use reasonable endeavours to ensure that this service is available but cannot guarantee uninterrupted availability. If learners require technical advice they should always contact their Vocation Online provider in the first instance.

You acknowledge and accept that periods of downtime may be required in respect of the Vocation Online IT infrastructure in the circumstances outlined in these Terms (dealing with unavailability of the Website) and that technical support may not be available during such periods of downtime. You accept that you will not have a claim for breach of contract (either against us or your Vocation Online provider) or otherwise in respect of such period of unavailability.

Subject to Paragraph 13, we exclude all other warranties, express or implied, as to the performance and availability of the technical support service, except as expressly stated in these Terms and Conditions. We do not guarantee that the technical advice provided by us will resolve your technical problems.  If you decide to avail of such technical advice, you should ensure that such advice is strictly followed. If the technical advice provided by us does not resolve your technical problem, you will have a number of options under your contract with your Vocation Online provider as outlined in Paragraph 16.

11. Removal of content and response to complaints

In the event that you send any content that breaches the provisions of section 10, Vocation Online reserves its right to remove that content or disable access to it and to respond to any complaints made by a third party in respect of that content. Vocation Online will not be liable to you if it removes any content because it believes that such content breaches the provisions of these Terms.

Vocation Online may also preserve any content that you send or receive via our email service if required to do so by law or if reasonably required to ensure compliance with the Terms or to respond to third party complaints about such content.

12. Suspension and termination of email account and membership

You agree that Vocation Online may at any time without notice terminate your email account, delete all information stored on it and delete your webspace if, for any reason, you do not access your email account for a period of 90 days or longer.

Vocation Online may suspend or remove your right to use the email service and your membership of Vocation Online immediately without notice if, in our sole discretion, you fail to comply with any provision of these Terms, or if a competent regulatory authority requires Vocation Online to do so. If Vocation Online terminates your right to access the email service or your membership of Vocation Online , Vocation Online may immediately deactivate your account and delete all associated records, files and information.

13. Liability

Vocation Online shall not be liable to you for any of the following types of loss or damage arising out of or in connection with your use of your Vocation Online email account :

· any loss of profits, loss of earnings, loss of anticipated savings, goodwill or revenue;

· any loss or corruption of data; or

· any indirect or consequential loss;

The maximum aggregate liability of Vocation Online for all claims, whether made in contract, tort under statute or otherwise (including in each case negligence) which are not otherwise excluded under these Terms ("Claims") shall be limited to £250 in respect of one incident or series of incidents arising from a common cause in each 12 month period commencing with the date that you became a member of Vocation Online , provided that the maximum aggregate liability of Vocation Online for all Claims arising as a direct result of technical advice provided by us shall be subject to the monetary cap on liability set out on Part C of these terms.

The exclusions and limitations of liability contained in this section do not apply to :

· any loss or damage resulting from death or personal injury caused by our negligence;

· loss or damages arising from our fraudulent misrepresentation; or

· any other losses which may not be excluded or limited by law.

Each provision of this Paragraph shall be construed separately as between you and us. If any part is held by a court to be unreasonable, inapplicable or unenforceable, then the other parts shall still apply.

14. General

Subject to the terms of any agreement we conclude with you if you enrol on a course via the Website, we reserve the right to withdraw all or part of the Website at any time.

These Terms are governed by and will be construed in accordance with the laws of England and Wales . Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English Courts.

We reserve the right to amend these Terms from time to time. We will notify you of any changes that we make to these Terms and, following such notification, if you continue to use the Website and access your email account or other services provided to members of Vocation Online , you will be deemed to have accepted those changes.

Part C

15. Terms Applying if you Enrol for a Vocation Online Course in a Vocation Online Centre or on the Website

These Terms and Conditions ('Terms') apply to the provision of courses advertised on www.Vocation Online.co.uk (the 'Website') or in a Vocation Online centre ( Vocation Online centres '). Please read these Terms carefully before enrolling on a course.

For the purposes of these Terms :

· ' we ' and 'us ' means the Vocation Online provider who will provide the Services to you. The Services are provided by the Provider and not by Vocation Online . If you enrol on a course via the Website, the name and location of the Vocation Online provider will be shown on the screen headed "Your Chosen Course" and will also be contained in the confirmation email which will be sent to you once you have enrolled for a course. If you enrol on a course in a Vocation Online centre, the Vocation Online provider will be the person who operates that Vocation Online centre to which you pay your Course Fee.

· ' you ' means the learner receiving the Services;

· ' enrol ' means the process of enrolling for a course and the term Enrolment shall be construed accordingly. If you enrol via the Website, this will involve you completing the relevant application forms on the Website, giving us your payment information and then clicking 'Pay for my learning' on the screen headed "Your Payment Details". If you enrol in a Vocation Online centre, this will involve you completing the relevant application forms;

· ' Services ' means ( i ) the provision of the Course Materials in electronic format via the Website unless you have requested that the Course Materials be provided in paper or other format where that option applies; and (ii) the provision of tutorial and other support;

· ' Course Materials ' means the materials required to complete the Course; and

· ' Course Fee ' means the fee payable for the provision of the Services.

16. Provision of the Services

Once you have enrolled, you will receive an email confirming the arrangements for your course, and we will start to make the Services available to you in accordance with this paragraph.

We will provide you with access to the Course Materials once you have enrolled. If the Course Materials are delivered in an offline format the materials will be despatched to you after your enrolment. You will need to log on through the Website to access the Course Materials. If you are already registered as a member of Vocation Online , you can log on using the user name and password which you chose when you registered. If you are not registered as a member of Vocation Online , you will need to do so and obtain a user name and password before you can access the course materials on-line.

If you Enrol via the Website, during the enrolment process the software on the Website will check the software on the computer from which you are accessing the Website to confirm that your computer has the necessary software installed to allow you to access the Course Materials. In the event that your computer does not have the necessary software installed, the Website will inform you of this and will provide a link to a web-page or a website which will allow you to download the software that will enable you to access the Course Materials. If that does not help, you should contact the helpline the details of which will be on the Website. Please note that we only check the compatibility of the computer that you are using for your enrolment. You can log onto the Website from other computers using your user name and password, but you should be aware that not all computers have functionality that will enable you to access all of the Course Materials. If you have enrolled in a Learning Centre, in the event that you have any problems downloading the Course Materials, you should contact yout tutor.

Vocation Online also provides technical support to learners. Requests for technical support outside our opening hours will be routed to the Vocation Online Learner Services helpline. Both we and Vocation Online will use reasonable skill and care in providing any technical support and will use reasonable endeavours to ensure that technical support is available to you. However, neither Vocation Online nor we can guarantee uninterrupted availability of technical support.

You acknowledge and accept that periods of downtime may be required in respect of the Vocation Online IT infrastructure in the circumstances outlined in these Terms (dealing with unavailability of the Website) and that technical support may not be available during such periods of downtime. You accept that you will not have a claim for breach of contract (either against Vocation Online or us) or otherwise in respect of such periods of unavailability.

Subject to Paragraph 22, we exclude all other warranties, express or implied, as to the performance and availability of the technical support service, except as expressly stated in these Terms and Conditions. We do not guarantee that the technical advice provided by us and/or Vocation Online will resolve your technical problems. If it does not, you may access your Course Materials at your local Vocation Online centre (subject to our right to charge a reasonable fee in respect of equipment use), you may request that the Course Materials be provided in paper or other format where that option applies, or, where you have been unable to access the Course Materials, you may cancel the Services and obtain a refund of the Course Fee in accordance with paragraph 17.

We guarantee a full refund of any fees paid for courses which are cancelled due to any unforeseen circumstances on our part.

When using the Services on-line, we advise that you adhere to our Health and Safety Guidance

17. Your Right to Cancel the Course

Once you have Enrolled for a Course, if you decide that you wish to cancel your Enrolment, you may do so provided that :

· you notify us in writing (by email, fax or post). If you have enrolled via the Website the relevant contact details will be set out in the screen headed "Your Transaction was successful" and in the confirmation email sent to you within 7 days of Enrolment. If you have Enrolled at a Vocation Online centre you must notify the Vocation Online centre that you wish to cancel your enrolment; and

· during those 7 days, you have not accessed the Course Materials or obtained tutorial support.

If you cancel the Services in accordance with the Terms, we will re-credit to you that part of the course fee which you have paid to us within 28 days of receiving your notice of cancellation.

18. Quality of the services

We will use reasonable skill and care in the performance of the services. We will provide the services in accordance with the course description which is set out on the Website or which was made available to you at the Vocation Online centre when you enrolled.

Vocation Online uses reasonable endeavours to ensure that the Website is available 24 hours a day 7 days a week. Vocation Online reserves the right to suspend access to the Website between the scheduled maintenance window of approximately 01:00 and 02:30 GMT each day. There may also be occasions when access to the Website is interrupted for emergency maintenance or repairs or to carry out upgrades to improve the performance or functionality of the Website. Access may also be interrupted due to failures of telecommunications links and equipment which are beyond the control of Vocation Online .

We do not make any commitment to you that the content of the services will meet any specific requirements that you have (except to the extent that your requirements match the course description which is on the Website or which was made available to you at the Vocation Online centre when you enrolled) and we expect you to take reasonable care to verify that the course in question will meet your needs, particularly if you are in receipt of funding from the Learning and Skills Council in respect of your course. Further, we do not make any commitment to you that you will obtain any particular result from your receipt of the services or that you will obtain any particular qualification from your receipt of the services (unless stated otherwise in the course description or the Website or at the Learning Centre when you Enrolled).

When you enrol via the Website, as part of the enrolment process, the software on the Website will perform checks on the computer from which you have accessed the Website in the manner described above. Except as described above we do not make any commitment that the Course Materials will be compatible with or operate with your software or hardware.

In the event that we recommend that you either enable cookies or download certain publicly accessible software to ensure that your computer is capable of accessing the Course Materials, you do so at your own risk.

Additional charges may be payable to third parties for use of the software necessary to view and download the Course Materials. You are responsible for paying these charges. In the event that you attend a Vocation Online centre and wish to access the course materials from a computer at the Vocation Online centre, we will reserve the right to charge you a reasonable fee in respect of your use of such equipment.

All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permissible at law.

19. Payment by you of the Course Fee/Sponsorship from the Learning and Skills Council

You agree to pay us the course fee.

If you are liable to pay us the Course Fee in full and you pay the Course Fee by credit or debit card, we will debit your credit or debit card on or after the day of your Enrolment.

If you are eligible for public funding from the Learning and Skills Council towards the Course Fee and we have confirmed this to you during Enrolment, you will only be obliged to pay us that part of the Course Fee which is not met by the Learning and Skills Council , details of which will have been provided to you either in the Course Summary Screen (where you enrol via the website) or on the forms given to you in the Vocation Online centre (where you enrol in person).

Where you are eligible for public funding towards the Course Fee, within 2 days of your Enrolment we will send to you an Individual Learner Agreement (ILA) for you to complete and return to us. We only reduce the Course Fee to you if you complete the ILA and return it to us within 7 days of your enrolment, so that your eligibility for public funding can be confirmed by the relevant authorities. If you do not return the ILA to us within 7 days and subsequently fail to respond to requests by telephone or email from us to do so within a further 7 days, we will suspend your access to the Services. If we have to do this we will not refund you the part of the Course Fee that you have paid.

In the event that you are eligible for public funding and we reduce the Course Fee accordingly, you agree to comply with the requirements of the Learning and Skills Council as set out on the website or as provided to you by the Vocation Online centre (where you enrol in person at a Vocation Online centre).

The Course Fee includes VAT.

We reserve the right from time to time to change the amount of the Course Fee. The current Course Fee for any course at any given time will be displayed on the Website or notified to you by the Vocation Online centre. In the unlikely event that due to a technical error, the amount of the Course Fee is incorrect, we will notify you as soon as we reasonably can. You will then be entitled to choose between receiving a refund of the monies that you have paid to us (in which case you will not be enrolled on the course) or to pay the balance of the Course Fee to us.

20. Our Rights to Stop Providing the Services to You

If you are an on-line learner, we will make the Course Materials available to you via the Website from Enrolment until the earlier of :

· your notifying us in writing, by email or by telephone that you have completed the course and no longer require access to the Services; or

· your failing to access the course materials for a period of 180 days or more.

On the occurrence of the earlier of the events above, we will suspend your access to the Course Materials. If you wish to subscribe for the Services after your access to the Course Materials has been terminated, you will need to enrol again via the Website or through a Vocation Online centre.

We reserve the right to stop providing the Services to you immediately in the event that :

· you fail to comply with Section 23 of these terms which deals with the manner in which you are permitted to use the course materials and the Website; or

· you fail to conduct yourself in an appropriate manner when communicating with or receiving support from us or when attending any Vocation Online centre. By this we mean that you act in such a way as to threaten, intimidate or otherwise harass our staff, or that your conduct is violent or threatens the physical safety of either our staff or any other person at a Vocation Online centre; or

· (where you are in receipt of funding from the Learning and Skills Council in respect of all or part of the Course Fee), you fail to comply with the requirements of the Learning and Skills Council as described either on the Website or in the materials given to you at the Vocation Online centre when you enrol .

If we exercise this right we will notify you via email or your chosen route. We will then immediately suspend your access to the Course Materials.

21. Complaints

In the event that you are not satisfied with any aspect of the services, please contact us in writing to:

Vocation Online
Westview
Morrison Road
Swanage
BH19 1JL

22. Our Liability to You

The exclusions and limitations of liability contained in these Terms do not apply to :

· any loss or damage resulting from death or personal injury caused by our negligence;

· loss or damages arising from our fraudulent misrepresentation; or

· any other losses which may not be excluded or limited by law.

We shall not be responsible to you in the event that we cannot provide the Services to you due to an event beyond our reasonable control, which includes (but is not limited to) events such as, fire, flood, storm, strikes or other industrial action, failure of telecommunications services, war, riot, or the actions of any government or public body. In the event that we are prevented from providing the services by such an event, we will take all reasonable steps to try to reinstate the provision of the services to you as soon as is reasonably practicable.

In no event shall we be responsible to you for any loss of profit, loss of earnings, loss of anticipated savings, loss of revenue or loss of goodwill that you may suffer. Further, in no event shall we be liable to you for any indirect or consequential loss that you may suffer.

We are not responsible to you for any data that you lose either (a) as a result of accessing the Course Materials; or (b) during completion of any course via the Website. It is your responsibility to ensure that you regularly save and back up ( i ) all data which you hold on the computer from which you are accessing the course materials, and (ii) all data that you are inputting when completing the course.

Except where the above applies, our maximum aggregate liability to you for any claim that you may have against us under or in connection with the provision by us to you of the services which is not otherwise excluded in these Terms ( inclduing without limitation where such claim arises as a direct result of any negligent technical advice provided by us and/or by Vocation Online ) shall be limited to the amount of the course fee which has been paid or is payable by you or on your behalf (before such course fee is reduced by the amount of any public funding for which you are eligible).

Each provision of this paragraph shall be construed separately as between you and us. If any part is held by a court to be unreasonable, inapplicable or unenforceable, then the other parts shall still apply.

23. Your Right to Use the Course Materials and your Related Obligations

In consideration of receipt by us of the course fee, we grant to you a non-exclusive, non-transferable license for you to use the Course Materials for the sole purpose of non-commercial home, work or Vocation Online centre use in connection with the receipt of the Services. As such, you may make copies of the Course Materials as they appear on the Website as necessary incidental acts during your viewing of it, and you may print for your personal use so many pages of the Course Materials on the Website as are reasonable for private purposes. You may not makes copies of any Course Materials supplied to you in hard copy format by the Vocation Online centre.

Save as expressly set out in these Terms, you may not modify, copy, reproduce, re-publish, upload, post, transmit or distribute in any way any of the Course Materials. Any use of the Course Materials not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of either our copyright or our other intellectual property rights, and / or the copyright or other intellectual property rights of our licensors.

24. Chatrooms , Webspace and Message Boards

Vocation Online offers a chatroom , message board and webspace facility to all learners who have enrolled on a course. This enables you to post comments on and discuss both the content and service provided on the Website, the courses offered via the Website and the general learning experience with your fellow learners, members and tutors. For the avoidance of doubt, any comments or materials that you post on any area of the website are subject to this paragraph.

Vocation Online provides its chatroom , message board and webspace facilities to you free of charge. As a consequence of this Vocation Online does not make any guarantee as to the availability, performance or continued provision of these services and reserves the right to modify or to terminate the provision of all or any of these services at any time. Vocation Online also reserves the right to establish general rules and limits concerning use of its chatroom , message board and webspace facilities. We shall notify you if we propose to introduce or amend any such rules or limits.

You agree that we and Vocation Online have no responsibility or liability for the deletion or failure to store any messages or other communications that you send or receive using our chatroom , message board or webspace facilities.

You acknowledge that you are solely responsible for any content or other materials that you send or post to the chatroom , message board or webspace facilities or any part of the Website and that all message boards are moderated by Vocation Online and that Vocation Online reserves the right to remove any message which is inconsistent with our aim of promoting an inclusive environment. All chat sessions are logged and any complaints will be investigated by Vocation Online . You agree not to use shall not use the chatroom , message board or webspace facilities or any part of the Website :

· for any unlawful purposes;

· to transmit or communicate any material which is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful (particularly to minors), an invasion of privacy, defamatory, libellous , vulgar or otherwise objectionable;

· to transmit or communicate any material which infringes our or any other person?s copyrights, trade marks, patents, moral rights or other intellectual property rights of any nature;

· for commercial purposes including without limitation the publishing or circulation of any promotion, or advertisement, or the solicitation of funds or the sale or supply of goods or services;

· to transmit or communicate any material which is likely to have a detrimental effect on our or any other person's reputation;

· to transmit or communicate any unsolicited or unauthorised materials, chain letters, junk mail or spam;

· to transmit any material which is likely to cause harm to Vocation Online or anyone else's computer systems, including but not limited to any virus, code, worm, data or other routine purposely designed to damage or cause any defect, error, malfunction or corruption to any computer system;

· to transmit or communicate any material in breach of the Computer Misuse Act 1990;

· to impersonate or falsely state or misrepresent your association with any entity or person including without limitation Vocation Online , the Vocation Online centres , tutors, members or other learners;

· to obtain, collect or store any personal data about any visitors, members or learners of the Website;

· to transmit applications which make excessive demands on bandwidth;

· to use more than 5 Mb of capacity;

· to use any programs other than CGI programs and scripts provided by or on behalf of Vocation Online for the web space.

If you post any comments or content on the Website you grant Vocation Online and the provider a non-exclusive royalty free perpetual irrevocable right and licence to reproduce, modify, edit, adapt, publish, translate, distribute and display such materials in any and all media now known or in future created throughout the world and authorise others to do so. You further agree to irrevocably and unconditionally waive all moral rights which you may have in respect of any material posted by you on the website.

25. Removal of content and response to complaints

In the event that you send any content that breaches the provisions of the above paragraph, Vocation Online reserves its right to remove that content or disable access to it and to respond to any complaints made by a third party in respect of that content. Vocation Online will not be liable to you if it removes any content because it believes that such content breaches the provisions of these Terms.

Vocation Online may also preserve any content that you send or receive via our email service if required to do so by law or if reasonably required to ensure compliance with the Terms or to respond to third party complaints about such content.

26. General

These Terms are governed by and shall be construed in accordance with English law. Any dispute arising between us under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English courts.

These Terms constitute the entire agreement between us in relation to the provision by us to you of the Services, and they replace and supersede any prior arrangements between us in relation to the Services. You acknowledge that you are not relying on any statement made by us or any of our representatives with regard to the Services other than those expressly set out in these Terms (which includes, for the avoidance of doubt, the description of the Services set out on the Website or provided to you in a Vocation Online centre). Nothing in this Paragraph shall exclude or restrict our liability for fraud or fraudulent misrepresentation.

The agreement between us which is comprised of these Terms is not intended to be for the benefit of any third party, and shall not be exercisable by any other person under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

The continued use of the Website following any changes to the Terms will mean that you accept such changes.

Last Updated : 13 September 2004