These Terms and Conditions form our entire agreement with you in respect of use of the Site and supersede any prior agreement or arrangement with you in respect of the Site. . Unless the context otherwise requires, references to "you" and "your" in these Terms and Conditions shall relate to you.
Availability of the Site
We will endeavour to ensure that the Site is available 24 hours per day without any interruptions. However we reserve the right to make the Site unavailable at any time or to restrict access to parts or all of the Site in line with any operational requirements
Any breach of the Terms and Conditions may, at our sole discretion, result in your rights to access the Site being suspended or removed.
Use of the Site
The Site is designed for your personal, non-commercial use and you must not use it in any other way without our consent. Except as permitted under applicable law, you must not use, copy, translate, publish, licence or sell any materials or information on the Site or the structure, overall style and program code of the Site without our consent. If you wish to make a request for consent, please contact us at firstname.lastname@example.org.
The content of the Site (including, but not limited to all text, imagery and artwork) is protected by copyright. The copyright is owned by us or is otherwise licensed from a third party for use by us. The Site contains registered and unregistered trade marks which we either own or are licensed to use. The authors of the documents appearing on the Site assert their moral rights. www.mykidscareer.com is a registered domain name of Skills Development Scotland.
You may view or download any part of the Site for private purposes, (including but not limited to the purposes of seeking information) but you are not permitted, without our permission, to:
- store the Site, or any part of the Site, for any other purpose;
- print copies of the Site, or any part of the Site, for any other purpose;
- reproduce, copy or transmit the Site, or any part of the Site, in any way, for any other purpose or in any other medium
All other rights which are not specifically granted are reserved.
You undertake that you will not:
- use the Site for any purpose which is unlawful, or which may harass or cause distress or inconvenience to any person including but not limited to making available defamatory material; or
- use the Site to transmit, distribute or make available any information which contravenes any applicable law or any person’s legal rights including but not limited to copyright, trademark, privacy or other personal or proprietary rights.
You agree to indemnify us against all claims, proceedings, damages, liabilities and costs, including legal costs arising out of your breach of this term.
Third party websites and content
The Site includes links to other internet sites, and hosts functionality developed and made available by third parties.
Linking to the Site
Freedom of Information
The Freedom of Information (Scotland) Act 2002 provides a general right of access to information held by Scottish public authorities. Skills Development Scotland is subject to the provisions of the Act.
If you would like to make a Freedom of Information request please contact email@example.com.
Since a substantial part of the Site is both free and available to all, it is a condition that your use of the Site is at your own risk. We shall not be liable to you or in breach of these Terms and Conditions for any delay or failure to perform any obligation if the delay or failure is due to a cause beyond our reasonable control including, without limitation, the blocking or restricting of information to and/or from our network.
The Site and its contents are for general information only and are provided “as is” and on an “as available” basis. Accordingly, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms. Specifically, we are not responsible for the legality, appropriateness or otherwise of the content of any advertisements, listings, postings or opportunities published by any employer or third party that may appear on, or be linked to by, the Site; and we make no warranties, representations or undertakings about:
- the content of the Site (including, without limitation, any warranties representations or undertakings as to the quality, accuracy, currency, completeness or fitness for any particular purpose of such content); or
- the content of any other third party website or service referred to or accessed through the Site.
For example, if the Site links to content in any volunteering opportunity that is in breach of employment or equalities laws, we will not be responsible for that (although we would, if we became aware of it, attempt to have the content removed).
We make reasonable efforts to ensure that the Site is free from so called computer viruses, however it is strongly recommended that you check for such viruses before downloading any content.
We accept no liability for any claims, penalties, loss, damage or expenses arising from: any reliance placed on the content of the Site; the use or inability to use the Site; the downloading of any materials from the Site; or any unauthorised access to or alteration to the Site.
This section shall not exclude liability for death or personal injury caused by our negligence or for any other matter that cannot be lawfully limited or excluded by law.
This section shall apply to the extent that the Site may give you the option to send us content to be posted on the Site by us (“User Content”).
By sending us User Content, you will be deemed to:
(i) warrant to us that all registration information you submit, including age verification information if you are under 16, is truthful and accurate,
(ii) consent to us editing that User Content at our discretion;
(iii) grant to us an irrevocable, worldwide, royalty free licence to use and publish that User Content for any purpose associated with our general objective to be a catalyst for positive change in Scotland's skills performance by enabling people to fulfil their potential;
(iv) irrevocably waive in our favour any moral rights you may have in such User Content in terms of Chapter IV Part I of the Copyright, Designs and Patents Act 1988, and any similar rights available in any part of the world; and
(v) warrant to us that you are the owner of the copyright and other intellectual property rights in the User Content, that the User Content is your original work and that the User Content does not infringe the rights (including intellectual property rights) of any third party.
We do not guarantee that any User Content you submit will be posted on the Site.
Please note that comments made by other users of the Site which may be posted on the Site are provided for your information only and do not necessarily represent our views and opinions.
Take down notice policy
In the event that you consider your rights to have been infringed by another user’s conduct it is our intention to respond to all clear notices of copyright infringement, defamatory content or otherwise via our Take Down Notice policy, details of which are set out in this section.
If you believe that your own copyrighted work is accessible on the Site in violation of your copyright or that obscene or defamatory comments have been made in relation to you, then you may submit a Take Down Notice. You must include the following information within the Take Down Notice:
- identify in sufficient detail, the copyrighted work or intellectual property that you claim has been infringed so that the material can be located on the Site. Alternatively please provide sufficient details to locate the allegedly obscene or defamatory comment;
- the physical or electronic signature of the person making the complaint; and
- sufficient contact details for the person making the complaint, including an address, telephone number and e-mail address.
The Take Down Notice should be submitted to us at firstname.lastname@example.org.
Upon receipt of a Take Down Notice we shall remove or disable access to the allegedly infringing material if we consider it appropriate to do so. We may also advise the alleged infringer of your claim.
In the event that a Take Down Notice is received in connection with any content which you have posted or made available on the Site, you consent to the release of your personal contact details in connection with any investigation of fraud, intellectual property infringement, piracy, defamation or other unlawful activity. Such personal information will only be released to the complainant where required by law. In such circumstances we may, if we are required to do so, disclose your name, home address and e-mail address to the complainant or the complainant’s representatives.
Please note that some of the content on the Site is made available by third parties. In particular, we publish ‘learn and train’ information, ‘getting a job’ information, and ‘job profile’ information that originates from third party sources (please see ‘Third Party Websites and Content’ section above). If we receive a Take Down Notice in respect of any of that content, our ability to take it down is limited and we will instead pass on your complaint to the organisations that host that information or provide it to us (as appropriate).
Termination and complaints
We may terminate our agreement with you at any time. We reserve the right to seek to prevent you accessing the Site or any parts of the Site. You may not transfer any of your rights or delegate any of your obligations under these Terms and Conditions without our prior written consent. If we fail to enforce any provision of these Terms and Conditions, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. Nothing in these Terms and Conditions shall confer on any third party any benefit or the right to enforce any term of these Terms and Conditions. These Terms and Conditions are governed by Scottish law and any dispute connected with this agreement is subject to the exclusive jurisdiction of the Scottish courts. Nothing in these Terms and Conditions affects your statutory rights as a consumer.
We reserve the right to amend or replace these Terms and Conditions at any time. If we make any substantial changes we will notify you by posting a prominent notice on the Site.
If you are dissatisfied with the Site, in the first instance please contact us at email@example.com.