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Term and Conditions

Please read these Terms and Conditions carefully before using the ufi.com website ("the Website"). Access to and use of the Website and content provided on the Website, including but not limited to any graphics, code, text, software, audio, music, design, information, names, images, pictures, logos and icons ("the Content"), is subject to these Terms and Conditions.

In using this site, you indicate your agreement to be bound by these Terms and Conditions.

Ownership

The Website is owned by Ufi Limited, which carries on business in the United Kingdom under the learndirect name. References to the terms learndirect, "we" / "us" means:

Ufi Limited

Dearing House

1 Young Street

Sheffield

South Yorkshire

S1 4UP

References to "you" mean the user.

Changes to the Website
You acknowledge and accept that we may from time to time alter, suspend or discontinue any aspect of the Website or the Content available through it, as we think fit and without notice to you.

Further, we may alter the Terms and Conditions from time to time. The date of last revision to these Terms and Conditions is provided at the end of the 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 and Conditions. By continuing to use the Website following any amendments to the Terms and Conditions, you indicate your agreement to such amendments.

You accept that you will have no claim for breach of contract or otherwise in respect of any such alterations to the Website or these Terms and Conditions.

Your Conduct
You warrant that in your use of the Website you shall: -

(a) use the Website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the Website by any third party; and

(b) not engage in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person.

Disclaimer and Limitation of Liability
The Content of this Website is provided to you on an "as is" basis by way of general, background information only. You should consult an appropriately qualified adviser for advice on any specific question or problem.

You should not rely on the accuracy of any part of the Content. You accept and acknowledge we shall not in any way be liable for any damage, loss, costs or expenses arising directly or indirectly from your reliance on or use of any of the Content for any purpose.

Whilst every effort is made 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 Content made available via the Website.

Without affecting the above statements, and except as expressly stated in these Terms and Conditions, we disclaim, as far as the law allows, all warranties and representations, express or implied, in respect of any of the Content, including but not limited to warranties of satisfactory quality, fitness for a particular purpose, non-infringement of third party rights or any law, compatibility, security and accuracy.

We accept no liability for any indirect or consequential loss or damage or for any loss of data, profit, business, revenue or anticipated savings (whether direct or indirect) that arise out of or that are related to the use of this Website.

Nothing in these Terms and Conditions shall exclude or limit (i) our liability for death or personal injury caused by our negligence; or (ii) any liability that cannot be limited or excluded by law.

Downtime
You acknowledge and accept that computer and telecommunications systems may contain faults, including viruses, and may from time to time require periods of downtime (being periods during which the Website is not available to you) for the purposes of repair, maintenance and upgrading.

Accordingly, we do not guarantee uninterrupted availability of the Website, but we shall make reasonable efforts to minimise any periods during which the Website is not available. You accept that you shall have no claim for breach of contract or otherwise in respect of any such period of unavailability.

Hypertext Links
The Website and its Content may at points incorporate links to the websites and services of third parties. Such links are provided for your convenience only, and their provision does not constitute an authorisation by us to you to access such third party web sites, nor an endorsement of the content of such third party websites by us.

You acknowledge and accept that we shall not be responsible for any damages, loss, costs or expenses arising from the use of such third party websites, or products or services available through such third party websites.

Copyright and Intellectual Property
The Content provided on the Website is owned by Ufi or its third party licensors from time to time. Except as expressly stated in these Terms and Conditions, no material in whole or in part from the Website may be modified, copied, reproduced, published, uploaded, posted, transmitted or distributed. Any such use is prohibited and will constitute an infringement of the copyright and other intellectual property rights of ours, or in the case of material licensed to us, the owner of such materials.

Permission is given for the downloading and temporary storage of one or more of these pages for the purposes of viewing them on a personal computer or monitor for your own personal and private use. These pages may also be printed for your personal, private and non-commercial use provided that you make no alteration to any of the Content and you do not use any part of the Content in any other publication, in whatever medium, without the prior written consent of Ufi.

The "Ufi", "learndirect" and "UK online centres" trade marks, the www.ufi.com, www.learndirect.co.uk, www.learndirect-advice.co.uk and www.learndirect-business.co.uk domains and any other names, images or logos identifying Ufi or third parties and their products and services are either (a) proprietary marks of ours or (b) marks which we are licensed to use. Except as expressly stated in these Terms and Conditions, you may not copy, reproduce, upload, post, display or use in any way such marks without the prior written permission of Ufi.

Privacy
What personal data do we collect?
You may use the website without providing any personal data. However, you may provide us with your personal data:

• through the contact mailboxes on the website;
• if you contact us using the other contact details on the website; or
• if you apply to join the National Tutor Service (NTS) via the NTS Registration form

For example, you may apply for a particular vacancy advertised on the Website by sending us your CV via the relevant contact mailbox.

We do not request sensitive personal data on the website. However, you may volunteer sensitive personal data to us. Sensitive personal includes a number of types of personal data relating to: race or ethnic origin; political opinions; religious or other similar beliefs; trade union membership; physical or mental health; sexual life or criminal record (including information about criminal proceedings and suspected criminal activities).

If you volunteer sensitive personal data to us, you explicitly consent to our using such data as described below.

How do we use your personal data?
If you request information or materials from us or contact us or with a query or comment, we will use your personal data to respond to your request, query or comment. Once we have responded, your personal data will be deleted from our records.

If you have provided us with your contact details in connection with the distribution of the Reach newsletter, we will only use those contact details for the purposes of distributing Reach. You may amend these contact details via the email facility on the Website.

We may record calls to helplines for quality and training purposes only. We will store calls for about three months and keep them confidential.

If you apply for a particular vacancy advertised on the Website, we, or the recruitment agency indicated in the advertisement will use your personal data to match you with the advertised opportunity. Personal data provided on the NTS Registration form will be used and/or disclosed to third parties in the manner described on the form.

Apart from the disclosures to our recruitment agencies and the disclosures described in the NTS Registration form, we will only disclose your personal information as follows:

• to our successors in business for the purposes described in these Terms and Conditions;
• to service providers, such as Select Education plc, whom we engage to process data on our behalf;
• as may be required by law.

When you provide information about another person, they must have appointed you to act for them and to receive any data protection notices for them.

You have a right to ask for a copy of the personal data we hold about you (we will charge you a small fee for this). If you wish to amend any details that we may hold about you or if you have any request or query concerning your personal information, please telephone us on 08000 150 450 or email us: tutorsearch@ufi.com. Tutors may contact us for these purposes using the contact details provided on the NTS Registration form.

We have a committed security policy. We implement a number of sophisticated security measures to protect against the loss, misuse and alteration of personal data under our control.

General
You acknowledge that you are not relying on any statement made by us or any of our representatives about use of the Website (other than those expressly set out in these Terms and Conditions).

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

The rights of you and us under these Terms and Conditions may be exercised as often as necessary. They are cumulative and not exclusive of either party's rights under the general law, and may be waived only in writing. Delay in exercising or non-exercise of any right is not a waiver of that right.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Non-Acceptance of the Terms and Conditions
If these Terms and Conditions are not accepted in full, you do not have permission to access the Content of the Website and therefore should cease using the Website immediately.

12 October 2005