Terms of Use
TERMS OF USE
This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.finalcrit.com (our site), whether as a guest or as a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
INFORMATION ABOUT US
www.finalcrit.com is a site operated by Finalcrit Limited ("We"). We are registered in England and Wales under company number 5912878 and have our registered office at Robson Welsh, Queen Insurance Buildings, 7 Queen Avenue, Dale Street, Liverpool, L2 4TZ.
ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
If 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.
When using our site, you must comply with the provisions of our acceptable use policy.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
With the exception of any work uploaded to our site by any of the sites' users or contributors we are the owner or the licensee of all intellectual property rights in our site, and in the material published on it which include but is not limited to the Finalcrit logo, graphics, icons, marks and logos appearing on our site. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. All other trademarks, logos, icons, graphics and material are the property of their respective owners.
After uploading any content onto our site you continue to retain all ownership rights in such content, and you continue to have the right to use your content in any way you choose. By displaying or publishing any content on or through our site, you hereby grant to us a royalty free non-exclusive worldwide licence to use, modify, display, reproduce, and distribute such content on and through our site. Such use may include, but will not be limited to, use of any information or images posted to our site which may be included as part of a screen option, demonstration or brochure for the purposes of promoting Finalcrit or our site. This licence will terminate once your content is removed from our site.
You warrant that you own the content posted by you on our site and that the posting of your content on our site does not violate the intellectual property rights or any other rights of any third party. In the event that a third party claims that you have infringed their intellectual property rights or any other rights you agree to pay for all royalties, fees, legal fees and any other monies owing to the third party. You agree to indemnify and hold us and our subsidiaries, affiliates, employees, officers, agents or partners harmless from and against any direct or indirect loss or damage including consequential loss and loss of profits, goodwill or business opportunities arising from any third party claim in relation to any content you upload, post or e-mail on or through our site, your use of our site, or your breach of the provisions of this acceptable use policy.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status and that of any identified contributors or user as the author of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or from the appropriate user or contributor, or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
RELIANCE ON INFORMATION POSTED
Commentary, tutorials, articles, news, directory listings, job advertisements and other materials posted on our site are not intended to amount to advice on which reliance should be placed. You acknowledge that we do not pre-screen any content and that we are not responsible for any content uploaded to our site by any user. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents. Please note that any tutorials which are posted on our site are not CPD certified.
OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
OUR LIABILITY
We warrant to you that any services purchased from us through our site will be of satisfactory quality.
We do not represent or warrant that access to our site, or any part of it will be uninterrupted, reliable or fault free.
We do not represent or warrant to you that our site or any of its contents will be accurate, complete or reliable.
We cannot provide any warranties in relation to any material that is uploaded to our site by our users, and we do not accept any liability in relation to any statements made by those users.
We exercise no control and bear no responsibility for the content and information displayed on any third party website that is linked to/from our site. If you access any third party websites which are linked to our site you do so at your own risk.
To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
A. any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site or any information on our site;
B. the unavailability of our site (or any part of it), or services;
C. any delay in providing, or failure to provide or make available any services or any negligent provision of services;
D. any misrepresentation on or relating to our site or the provision of services (other than a fraudulent misrepresentation made by us or on our behalf);
E. any damage caused as a result of any virus or harmful software that has been downloaded from our site.
You agree that each of these limitations is reasonable having regard to the nature of our site and in particular given that when you purchase information, goods or services through our site you will enter into a separate contract with the supplier in each case.
Our liability in connection with any services purchased through our site is strictly limited to the purchase price of those services.
This does not include or limit in any way our liability:
A. For death or personal injury caused by our negligence;
B. Under section 2(3) of the Consumer Protection Act 1987;
C. For fraud or fraudulent misrepresentation; or
D. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the re-supply of our site and services to you.
Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
We process information about you in accordance with our privacy policy . By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
TRANSACTIONS CONCLUDED THROUGH OUR SITE
Contracts for the provision of services and information formed through our site or as a result of visits made by you are governed by our terms and conditions of supply.
UPLOADING MATERIAL TO OUR SITE
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our site 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 our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
You acknowledge that we may be required to compress or perform other technical processing of any files that you may upload onto our site due to technical limitations of our site.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site 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 our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site 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 will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
You agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our site other than the search engine and search agents available from our site and other than generally available third party web browsers.
You must not send any unsolicited emails to any of our users.
You agree not to attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of our site.
We 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 our site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
We grant you full permission to link to our site. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice. You must not frame our site or use any trademarks or logos unless you have express written permission from a person who is authorised on our behalf to provide such permission. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on our site other than that set out above, please contact us by submitting a ticket through our support desk .
LINKS FROM OUR SITE
Where our site 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 responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site 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.
TRADE MARKS
Finalcrit is the trade mark of Finalcrit Limited.
VARIATIONS
We 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 our site.
YOUR CONCERNS
If you have any concerns about material which appears on our site, please contact us by submitting a ticket through our support desk .