training-mate.com terms and conditions of use

Last updated : 14 February 2011

1TERMS OF WEBSITE USE

1.1This page (together with the documents referred to in it) sets out the terms and conditions that apply to your use of the website www.training-mate.com and its related sub-domains (the website), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the website.

1.2As a registered user, you agree to keep your password confidential, and not to allow anyone else access the site using it.

1.3As a registered user, you agree not to provide any false information on this website or create an account for anyone other than yourself.

1.4As a registered user, you agree not to use any profane or offensive terms within your account information.

1.5By using the website you indicate your acceptance of these terms of use and your agreement to abide by them. If you do not agree to these terms of use you should not use the website.

1.6We reserve the right to amend these terms at any time. It is your responsibility to review these terms each time you agree to buy any goods or services via the website.

2Information about us

2.1www.training-mate.com is a website operated by KOMODO SOLUTIONS LIMITED ("We"). We are registered in England and Wales as a limited company under company number 6745136 and have our registered office at 146 Whyteladyes Lane, Cookham, Berkshire SL6 9LA. Our VAT number is 943 9438 87.

3Accessing the website

3.1We reserve the right to withdraw or amend the website or any service we provide on the website without notice. We will have no liability or responsibility if for any reason the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website, or our entire website, to users who have registered with us.

3.2If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

3.3When using the website, you must comply with the provisions of any acceptable use policy we publish on the website.

3.4You agree to indemnify (i.e. compensate) us for any loss, damage, cost or expense we suffer as a result of a failure by you to observe and comply with the conditions of these terms of use or any document referred to in them.

3.5We reserve the right to suspend your access to the website or your registration as a user immediately if you fail to comply, or we have reasonable grounds to believe that you are failing to comply, with any of these terms of use or any document referred to in them.

4Transactions concluded through the website

4.1Nothing in this website is intended as a contractual offer capable of acceptance by you as principal or agent.

5Cancelling your registration as a user

5.1You can cancel your registration as user of the website at any time but this will not affect your obligations in relation to any services or information you have already received.

6Intellectual property rights

6.1We are the owner or licensee of all intellectual property rights in the website and the material published on it. Those works are protected by copyright, trade mark and other laws around the world. All such rights are reserved.

6.2You may print off one copy, and may download extracts, of any page(s) from the website for your personal reference and you may draw the attention of others within your organisation to material posted on the website.

6.3You must not use any part of the materials on the website for commercial purposes or for any other purpose not permitted by these terms of use without obtaining a licence to do so from us or our licensors.

6.4KOMODO SOLUTIONS and TRAINING MATE and our logos displayed on the websites are trade marks of Komodo Solutions Limited. We acknowledge trademarks of third parties.

7Content of the website

7.1Commentary and other materials posted on the website are not intended to amount to advice on which reliance should be placed. We will have no liability or responsibility for any reliance placed on such materials by any visitor to the website or by anyone informed of any of its contents.

7.2We may change the content of the website at any time. If the need arises, we may suspend access to the website, or close it indefinitely. Any of the material on the website may be out of date at any given time, and we are under no obligation to update such material.

7.3If you have any concerns about material which appears on the website, please contact us.

8Our liability and status

8.1The material and content displayed on the website is provided without any guarantees, conditions or warranties from us as to its accuracy. To the extent permitted by law, we and other members of our group of companies expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

8.2We will not be responsible to you for:

8.2.1any losses which are not a foreseeable consequence of an act or omission by us relating to the website. Losses are foreseeable where they could be contemplated by you and us at the relevant time you used the website

8.2.2loss of income, revenue, business, profits, or contracts

8.2.3loss of anticipated savings

8.2.4loss of or corruption to data

8.2.5loss of goodwill

8.2.6wasted management or office time

8.3Regardless of the previous paragraphs in this section, if we are found to have any liability to you, that liability will be limited to £10.

8.4None of the above affects our liability for death or personal injury arising from our negligence, nor for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

8.5No agency, partnership, joint venture, employment relationship or franchise relationship is intended or created between you and us as a result of your use of the website or by you entering into any contract to buy Products.

9Information about you and your visits to the website

9.1We process information about you in accordance with our privacy policy. By using the website, you consent to that processing and you warrant that all data provided by you is accurate.

10Uploading material to the website

10.1Whenever you make use of a feature that allows you to upload material to the website, or to make contact with other users of the website, you must comply with the content standards set out in any acceptable use policy we publish on the website. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

10.2Any material you upload to the website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the website breaches or infringes their legal rights, including their intellectual property rights and right to privacy.

10.3We will not be liable or responsible to any third party for the content or accuracy of any materials posted by you or any other user of the website.

10.4We have the right to remove any material or posting you make on the website if, in our opinion, such material does not comply with the standards set out in any acceptable use policy we publish on the website.

11Viruses, hacking and other offences

11.1You must not misuse the website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the website, the server on which the website is stored or any server, computer or database connected to the website. You must not attack the website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and disclose your identity and relevant personal details to them. In the event of such a breach, your right to use the website will cease immediately.

11.2We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or to your downloading of any material posted on it, or on any website linked to it.

12Links to and from the website

12.1You may link to our home page (and specific pages using the persistent links we provide for this purpose) provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, and does not suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The website must not be framed on any other website. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in any acceptable use policy we publish on the website.

12.2Where the website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no liability or responsibility for them or for any loss or damage arising from your use of them.

13Jurisdiction and applicable law

13.1The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by English law.

14Variations

14.1We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the website.