1. All users of the Keyskill website

Please read this carefully. These are the terms and conditions (‘terms’) on which you may use the keyskill.com website (‘the website’), and the online content/services available on it. These terms apply to your use of keyskill.com and all Keyskill Content both irrespective of the delivery platform you use – e.g. desktop PC, laptop, mobile device, PDA or otherwise – and irrespective of how the Keyskill Content is delivered to you – e.g. web browser, WAP browser, email, SMS or otherwise. By accessing keyskill.com you are agreeing to the ‘terms’ below. If you use keyskill.com in the course of your business, you are also agreeing to these terms and conditions on behalf of that business. Along with the Keyskill invoice these terms constitute a binding agreement (“Agreement”) between you and the Keyskill Company. By obtaining access to the content of the Keyskill website www.keyskill.com or any material on the site directly or online you agree to be bound by this Agreement.

The terms apply to all users of this website, including casual browsers and ‘free trial’ browsers. These terms apply if you register as a member of Keyskill on this website (educational establishments, training providers, charities or businesses), and if you are an individual learner, student or employee of an authorised member. The terms also apply if you are an individual learner, student or employee who has registered on this website as a member.

Terms applying

In these terms, ‘we’, ‘us’, ‘Keyskill’ means: -
The Keyskill Company, Baldoon, Burleigh, Stroud, Gloucestershire, GL5 2PW, United Kingdom. Telephone + 44 (0) 1453 887533

that is the owner of this Website, and the Keyskill 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, the Privacy Statement and the Copyright Statement. You may have accessed this site on a ‘free trial’ or by paying for the Service. In both the cases of ‘free trial’ and paying for the services you agree to be bound to the Terms and Conditions. If you have entered this site by fraudulent means you are also bound to the Terms and Conditions but you are not recognised as a member/user by Keyskill.

No amendments or variation of these terms shall be effective unless made in writing and accepted by both of us.

The receipt of 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 effected.

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.

2. Purpose of the Website

The purpose of the Website is to provide training providers, education establishments, and businesses with information on the range of courses, products and services and the supportive content and resources offered by, or via Keyskill. The site is primarily for educational and teaching resources that support teachers, lecturers, tutors, employers in their pivotal role of delivering e-learning, including this website, to their students, employees and learners. Although they are openly available to all, to some extent, they are specifically intended as learning materials. The information is not intended for diagnosis or medical procedures. The Forums (section 6) and Message Boards that are found on the website are also intended as educational Forums and are not intended for diagnosis or medical procedures.

3. Copyright

Unless otherwise stated all content of this web site are © 2004 The Keyskill Company UK Ltd.
For permission to reproduce any contents of this web site, please email The Keyskill Company: contactus@keyskill.com.

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

4. Third Party Sites and Services

Keyskill.com contains links to other Internet websites or online and mobile services provided by independent third parties. (“Third Party Sites”) either directly or through frames. Keyskill is not responsible for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites. If you purchase products or services from a Third Party Site your contract for such products or services will be with the Third Party and not with the Keyskill Company. Our Privacy Policy does not apply to Third Party Sites. This provision also applies to any Recruiters that users of the Jobs and Classified section of the Website may contact.

Copyright in any software that is made available for download from keyskill.com belongs to Keyskill or its suppliers. Your use of the software is governed by the terms of any license agreement that may accompany or be included with the software. Keyskill is not responsible for any technical or other issues that may arise if you download third party software. Do not install or use any software unless you agree to such license agreement.

Keyskill may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on Keyskill.com complies with international and national law. Keyskill will not be responsible for any error or inaccuracy in advertising or sponsorship material.

5. Linking

If you would like to link to Keyskill.com please read and comply with the following guidelines and all applicable laws. A site or service that links to Keyskill.com:

May link only to the homepage of Keyskill.com unless Keyskill has otherwise given prior written permission;

Must not in any way imply that Keyskill is endorsing it or its products or services;

Must not misrepresent its relationship with Keyskill or present false information about Keyskill;

Must not be a site or service that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations.

Must not be a site or service that contains content that could be construed as distasteful or offensive.

Keyskill expressly reserves the right to require that any link in breach of these terms and conditions be removed and to take whatever other action it deems appropriate.

5. Amendment 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.

6. Discussion Forums

Keyskill includes discussion forums that allow interaction of users and registered members with their peer groups, between learner(s), employee(s) and student(s) between users and tutors, between outside contributors and users and members. In all Forums Keyskill does not control the information/materials posted to Forums by users (the “messages”). It reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums and you waive any moral rights that you may have in regards to the Messages.

You must comply with any rules posted by Keyskill on a Forum. You may not: -

Post, link or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or “spam”;

Post, link or otherwise publish any Messages with recommendations to buy or refrain from buying a particular service which contains confidential information of another party;

Post, link or otherwise publish any Messages that are unlawful. Threatening, abusive, libelous, indecent, infringe copyright or other rights of third parties or which contain any other form of illegal content;

Disguise the origin of any Messages;

Impersonate any person or entity (including Keyskill employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity;

Post or otherwise publish any Messages unrelated to the Forum or the Forum’s topic;

L limit the functionality of Keyskill.com or any computer software or equipment;

Collect or store other users’ personal data;

Restrict or inhibit any other user from using the Forums.

You are responsible for the content of your Messages. By submitting messages to any Forum you agree to indemnify Keyskill from all claims, costs, and expenses (including legal expenses) arising out of any Message posted or published by you that are in breach of this Section 6.

The Forums contain Messages submitted by users over whom Keyskill has no control. Keyskill cannot guarantee the accuracy, integrity, or quality of any Messages. Some users may breach these terms and conditions and post Messages that are misleading untrue or offensive. You must bear all risk associated with your use of the Forums and should not rely on Messages in making (or refraining from making) any specific procedure or other decisions. These Forums are encouraged for educational purposes between members, individuals, learners, students and contributors and not as instructive material.

Keyskill staff will also contribute materials to the Forums in order to stimulate discussions and ensure the smooth running of the Forums. The Forums may also contain messages from special guests selected by Keyskill. The opinions of these contributors and special guests are their own and are not necessarily endorsed by Keyskill. They should not be considered by you as professional instructors/advisors.

Members of Keyskill website who are employees of Organisations have the opportunity to run their own internal Forums for educational purposes. Keyskill has no control over these Forums and cannot guarantee the accuracy, integrity, or quality of any Messages. Users of these Forums have no recompense with Keyskill if their material is lost or misused or misrepresented. The responsibility for the monitoring of the content of the Forums and their structure lies with the representing Members of the Organisation.

By submitting Messages to any Forum you are granting Keyskill a worldwide perpetual, royalty-free, non-exclusive license to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part and in any form. Keyskill reserves the right to contact you by e-mail with regard to your use of the Forums.

It is not possible for Keyskill to fully and effectively monitor when Messages may infringe the copyright of a third party or other third party rights. If you believe that a Message infringes any legal rights that you may have, you should notify Keyskill immediately with specific details by contacting contactus@keyskill.com .

7. Notice Boards, and Reports on an individual’s educational progress, and assessment achievements.

Notice Boards are available to tutors, managers, and employers. The content is not the responsibility of the Keyskill Company, nor does the Keyskill Company accept responsibility for any interference with the Notice boards. Users of these Notice Boards have no recompense with Keyskill if their material is lost or misused or misrepresented. The responsibility for the monitoring of the content of the Notices Boards and their structure lies with the representing Members of the Organisation.

A learning management system is an integral part of the Keyskill website, the purpose of which is to track an individual’s progression in a course(s) and record and store users’ scores when they complete multiple-choice questions. A tutor or employer is able to use the learning management system to learn of the progress and score(s) of users. By using the website a User agrees that multiple-choice scores and a users’ progress in a course(s) may be viewed by other persons. The users are agreeing to allow tutors and employers to have access and knowledge of their scores and progress. Keyskill is not liable to a Member or user if progress reports or scores are lost or removed. Keyskill is not liable for damages if the progress or scores of user(s) or member(s) become available to other users or members of the website.

Keyskill may offer Notice Boards and webspace facility to members, and to users of the website. The Notice Boards 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.

Keyskill provides its Notice Boards and web-space facilities to you free of charge as a direct user and as Member. As a consequence of this Keyskill 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 the services at any time. Keyskill also reserves the right to modify or to terminate the provision of all or any of these services at time. Keyskill also reserves the right to establish general rules and limits concerning use of its Notice Boards, and Web-space facilities. Keyskill will notify you if we propose to introduce or amend any of the rules or limits.

You agree that we and Keyskill has no responsibility or liability for the detection or failure to store any messages or other communications that you send or receive using our Notice boards or webspace facilities.

You acknowledge that you are solely responsible for any content or other materials that you send or post to the Notice Boards, or Webspace facilities or any part of the Website. In the case of Members allowing their learners, students and employees onto the website, the Member is responsible for its users. Keyskill does not continually moderate the notice Boards, and Webspace. However, Keyskill reserves the right to remove any message which is inconsistent with our aim of promoting an inclusive environment. Any complaints must be investigated by the Member and resolved with the member and the plaintiff to Keyskill’s satisfaction. Members and users agree not to use the Notice Boards, 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, the solicitation of funds or the sale or supply of goods or services;

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 Keyskill 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 Keyskill, the Keyskill 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 bandwith;

to use more than 5 Mb of capacity

8. Email Accounts

Keyskill may offer an email facility to some registered members and their users. Any use of such an email account is subject to these Terms.

Keyskill provides its email service to you free of charge. As a consequence of this Keyskill 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. Keyskill 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 and size of the email message that you may send or receive and the maximum disk space that we will allocate to you on our servers (currently 5Mb). You agree that Keyskill has no responsibility or liability for the detection 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 or your students or employees send by email. Keyskill does not moderate emails. Keyskill reserves the right to remove any email which is inconsistent with our aim of promoting an inclusive environment. All chat sessions are logged and any complaints must be investigated by the member and resolved with the member and the plaintiff to Keyskill’s satisfaction. You agree that you and your students or employees will not 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 unsolicited or unauthorised materials, chain letters, junk mail or spam;

to transmit any material which is likely to cause harm to Keyskill 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 Keyskill, the Keyskill 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 bandwith;

to use more than 5 Mb of capacity

Keyskill 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.

Safety: We advise you never reveal any personal information about yourself or anyone else (for example: telephone number, home address). If you have a helpful address to share, inform the host of the relevant community area using the ‘contactus’ link, and they will promote it if they see fit.

Suspension and termination of email accounts and membership: you agree that Keyskill may at any time without notice terminate your email account, delete all information stored on it and delete your web-space if, for any reason, you do not access your email account for a period of 90 days or longer.

Keyskill may suspend or remove your right to use the email service and your membership of Keyskill 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 Keyskill to do so. If Keyskill terminates your right to access the email service or your membership of Keyskill, Keyskill may immediately deactivate your account and delete all associated records, files and information.

Liability: Keyskill 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 Keyskill 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 Keyskill 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 shall be limited to £10 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 become a member of Keyskill.

Please not that specifically that this site and its content are primarily educational and teaching resources aimed at teachers, lecturers, and students. Although, they are openly available to all, to some extent, they are specifically intended as learning materials. The information is not intended for diagnosis or medical procedures. Under no circumstances should the content be used as a substitute for professional medical instruction, diagnosis or advice. Keyskill has no liability whatsoever and will not be responsible for the use of its information in medical or veterinary application. Information is intended for initial educational instruction.

You agree to use the website and information in an ‘as is’ and ‘as available’ state. Information on this website may be incomplete, out of date or inaccurate and may contain technical inaccuracies, or errors. Information may be changed or updated without notice.

Each provision of the 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.

Removal of content and response to complaints: In the event that you send any content that breaches the provisions of the above paragraph, Keyskill 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. Keyskill will not be liable to you if it removes any content because it believes that such content breaches the provisions of these Terms.

Keyskill may reserve 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.

9. Intellectual Property

You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to Keyskill’s website and services (including material which is contributed by members) are owned by Keyskill. It is easy to copy material that appears on websites but that does not mean it is legal to do so. Therefore, no-one may copy, distribute, show in public or create any derivative work from Keyskill, or any material which is found on the website unless properly licensed to do so by us. You will be liable for any damage or harm arising from any infringement of intellectual property rights, whether belonging to the company or any other third party, if that damage or harm results in your act, omission or default.

10. Alerting Keyskill: errors, omissions, infringements

We have made every effort to ensure that the site content is accurate and up to date. However, we do not warrant that the site and its content are error free or without omissions. You are agreeing to advise The Keyskill Company of any errors, mistakes, infringements or other information, which affects this site and its content. We would be grateful if you would do this in a timely manner by e-mail or first class post. We are delighted to receive suggestions, ideas, new procedures and any other information that will enhance, correct or improve the site. If you would like to write, or provide content, do contact Keyskill, contactus@keyskill.com.

If you see anything on the website which appears to infringe on this agreement, then please contact us immediately. Generally, we do monitor materials contributed by members before it is placed on the website service, but we also encourage our users to advise us on any points which infringe this agreement.

11. 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 and 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. Nothing in the 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 UK 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.

12. Paid for Services

Keyskill operates the following ‘Paid for’ services: Keyskill.com Subscription services to its content and Keyskill Mobile services. By subscribing to receive any of these Paid for Services as well as the above terms and conditions you are also agreeing to the terms in this section. Keyskill reserves the right to vary the Paid for Services and does not guarantee that a Paid for Service will remain paid for or that a free-of-charge/trial service will remain free-of-charge/free trial.

If we do not receive payment, subject to the terms and conditions, we may immediately terminate or suspend your access to Paid for Services.

In the case of Keyskill Mobile services, you may only subscribe if you have a web-enabled mobile telephone.

Keyskill will process your subscription promptly but does not guarantee that the Paid for Services will be available to you by any specified time. A contract with you for receipt of the Paid for Services will come into effect when Keyskill send you an email or SMS message confirming your subscription.

Keyskill reserves the right to suspend or terminate your subscription to the Paid for Services if you breach the terms and conditions, with or without notice and without further obligation to you.

Keyskill will charge you in British pounds Sterling, United States Dollars, or Euros, depending on the service and your country of residence. You may also have to pay any applicable local taxes.

Pricing: You can take out an annual or monthly subscription which will automatically renew. Keyskill will notify you in advance of any price increases. If we give you a free trial, you will only be charged for your Keyskill subscription with effect from the expiry of that free trial period. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. Your Internet Service Provider and/or telephone operator may also charge you for your time spent accessing Keyskill.com in the same way you pay for telephone calls.

Invoice: The Keyskill invoice is incorporated by reference into this Agreement, and all references to this Agreement shall include the Keyskill Invoice. Along with the Keyskill invoice, these terms constitute a binding agreement (“Agreement”) between you and Keyskill. If you are entering into this agreement on your employer’s behalf, the Agreement applies to your employer and to you.

12. Warranties and Limitation of Liability

The Keyskill content is only for your general education and use and is not intended to address your particular requirements. In particular, the Keyskill content does not constitute any form of advice, recommendation, representation, endorsement or arrangement by Keyskill and is not intended to be relied upon by users in making (or refraining from making) any specific diagnosis or medical procedures. Appropriate independent advice or instruction should be obtained before making any such decisions. Any agreements, transactions or other arrangements made between you and any third party named on (or linked to/from) Keyskill.com are at your sole risk and responsibility.

Limited Warranty

What we can guarantee: Keyskill shall develop and operate Keyskill.com with reasonable skill and care and has reasonable security procedures in place.

What we cannot guarantee: Except as set out in the paragraph above, Keyskill does not give any warranties in respect of Keyskill.com to the extent allowed by applicable law, Keyskill hereby disclaims all other warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of satisfactory quality, merchantability or of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy, timeliness, completeness, performance, availability, lack of negligence, or of workmanlike effort. Neither do we provide any warranty that Keyskill is free from infection by viruses or anything else that has contaminating or destructive properties.

Our Liability Exclusion

Keyskill 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, terrorism 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 (1) all data which you hold on computer from which you are accessing the course material and (2) all data that you are inputting when completing the course.

To the full extent allowed by applicable law, you agree that Keyskill will not be liable to you for any loss of profits, exemplary or special damages, loss of sales, loss of revenue, loss of any software or data, loss of use of computer equipment, software or data, loss of or waste of management or other staff time or for any indirect, consequential or special loss, however arising, or which are not a direct consequence of your use of Keyskill.com (including lost profits or loss of privacy or loss of or damage to data) or which arise as a result of you using Keyskill.com outside the scope of these terms and conditions.

Keyskill shall not be liable for damages of any kind arising out of your inability to access a Keyskill maintained site or your reliance on the information on the site.

In addition to but separate from the above specific exclusion and to the full extent allowed by applicable law, you also agree that Keyskill will not be liable to you for any other indirect, special, consequential incidental, punitive or exemplary damages whatsoever that arise out of or are related to your use of Keyskill.com.

Your Remedies

Keyskill shall use reasonable endeavours to promptly remedy any faults in Keyskill.com of which it is aware.

You agree that your only other remedy (including for negligence) for any damages that you incur arising out of your use of Keyskill.com (to the extent that Keyskill’s liability is not excluded by this Section) is : -

If you have subscribed to receive any Paid for Services, your remedy is limited to the direct damages that you actually incur arising out of your use of Keyskill.com. This is subject to a limit equal to the annual fee paid by you to Keyskill pursuant to these terms and conditions during the year in which the damage is incurred. You may at your option receive Paid for Services the equivalent value of this limit in place of monetary damages.

If you have not subscribed to receive any Paid of Services, then to the extent we cannot remedy the relevant fault in Keyskill.com your remedy is limited to receiving Paid for Services at no cost up to the value of the direct damages you actually incur arising out of your use of Keyskill.com. This is subject to a limit equal to the value of the highest then applicable annual Keyskill subscription fee for Paid for Services. You may not receive monetary damages.

If a court of competent jurisdiction determines that either of the above limits on our liability are unenforceable, then you agree that in any event our total liability to you shall not exceed damages greater than twice the value of the highest then applicable annual Keyskill subscription fee.

The above disclaimers and restrictions on liability apply equally to your use of Keyskill.com and all Keyskill content.

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.

Without limiting the above, Keyskill is not liable for matters beyond its reasonable control. Keyskill does not control telephones, third party communications networks (including your Internet Service Provider) or the Internet or the acts of third parties.

Keyskill does not, and, notwithstanding anything to the contrary, nothing in these terms and conditions shall act to exclude or limit Keyskill’s liability for death or personal injury resulting from its negligence, for fraud or for any other liability which may not by applicable law be excluded or limited. Any statutory rights of users in their capacity as consumers are not affected by any of these terms.

Terms that apply if you join Keyskill as a Member

14. Registration

To register as a member of Keyskill 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.

Keyskill may refuse to accept you application to register as a member of Keyskill for any reason in its absolute discretion.

15. Password

When you register as a member of Keyskill you will be given a user name and password. As you will be responsible for all activities that occur or are submitted under your user name and password, you should take care to keep your user name and password confidential. You must notify Keyskill 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. Keyskill reserves the right to require you to alter your username and password if it believes that they are no longer secure. If you know or suspect that someone knows your password you should notify us by contacting us immediately.

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

16. Provision of the Services

Once you, a Member have agreed to subscribe for a license, you will receive an email confirming the arrangements, and we will start to make the Services available to you in accordance with this paragraph.

If the Course Materials are delivered in an offline format the materials will be despatched to you after your enrolment. To obtain online access you will need to log on through the Website using computers belonging, or in the custody of the Member.

If you are a registered Member of Keyskill, you can log on using the user name and password which you are given, or choose, when you registered. If you are not registered as a member of Keyskill, you will need to do so, providing your contact details, and usage requirements, and a name and password is then issued to you. You need to obtain a user name and password before you can gain access to the course materials on-line. Students, employees and learners who access the Website via the Member will receive their own name and password from Keyskill or the authorised Member. Students, employees and learners will be able to access the content at locations in compliance with the agreement between Keyskill and the registered Member.

17. Payment by Member

You agree to pay us a license fee.
You are liable to pay us the annual License Fee in full within 30 days after receipt of an invoice or the date specified in an invoice, whichever comes first. A late payment charge of one and one-half percent (1.5%) per month may be added to any unpaid balance after thirty(30) days.
The fee is determined solely by Keyskill. The price to a Member of an educational establishment, training provider or business is based on the number of students accessing the Website and the number of access points to the Website. Users of the Website via an Authorised Member are confined to access via the IP addresses of the Member. The IP addresses will be agreed between Keyskill and the Member.

18. Availability of the Website

Permitted Use: All Keyskill Content belongs to Keyskill or its licensors. Keyskill or its licensors own all intellectual property rights (including copyright and database rights) in the Keyskill Content and any selection or arrangement of the Keyskill Content. You may for your personal, non-commercial use: -

Retrieve and display Keyskill content on any compatible device;

Print a single copy of individual pages on paper (but not photocopy them); and

Store such articles in electronic form on disk or on a mobile device (but not on any server or other storage device connected to a network).

Restrictions on Use: You may not use Keyskill.com for any unlawful purpose. Except as expressly set out above, you may not copy, reproduce, publish, broadcast, transmit, modify, adapt, create derivative works of, store, archive, publicly display or in any way commercially exploit any of the Keyskill content. Without limitation, you may not do any of the following without prior written permission from Keyskill( and neither may you allow a third party to do any of the same):

Redistribute any of the Keyskill content, as part of any syndication, content aggregation, library, archive or similar service); or

Remove the copyright or trade mark notice from any copies of the Keyskill Content made under these terms and conditions; or

Create a database in electronic or structured manual form by systematically and/or regularly downloading/printing and storing all or any of the Keyskill content; or

Deep link to, frame, spider, harvest, or scrape the Keyskill content or otherwise access the Keyskill content for similar purposes; or

Use any machine, electronic, web-based or similar device to read or extract the Keyskill content by automated or machine based means.

Quality of the Service: Keyskill uses reasonable endeavours to ensure that the Website is available 24 hours a day, 7 days a week. Keyskill reserves the right to suspend access to the website from time to time for scheduled maintenance or 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 Keyskill.

Keyskill cares about the privacy of children. We recognize that children’s use of the Internet and e-mail raise special concerns regarding privacy and security of information. Though animals were not harmed or misused in the production of the content, we understand that some children might become upset when viewing some of the content. While we take every care in this area, we cannot control access by children. As a member or user of the site you agree to be responsible for any child, under your responsibility, and restrict access and use of the site where children can or may access a machine that is licensed to this website.

19. Your rights to Use the Course Materials and your Related Obligations

In consideration of receipt by use for the license fee or 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 education, and teaching within an educational setting at your main centres of learning. 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, but not for reproduction. You may not make copies of the Course Materials supplied to you in hard copy format by the Keyskill Company. If you wish to import the Course Materials into your Organisations virtual learning environment then an additional license and fee is required. The territory in which you operate with learners, students and employees would need to be defined and agreed with the Keyskill Company.

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 intellectual property rights, and/or the copyright or other intellectual property rights of our licensors.

20. Terms applying if you are an individual learner, student or employee of an authorised member.

These Terms and Conditions (‘Terms’) apply to the provision of course content on www.keyskill.com (the ‘Website’) or in an educational organisation such as a College or University or Private Provider, charity or business registered with the Keyskill Company.

Please read all the Terms carefully before accessing the content. You are agreeing to ALL sections of this agreement. Your primary contract is with the authorised member and not with Keyskill.