BACKGROUND:
This agreement applies as between you, the User of this Website and TraxRecord, the owner(s) of this Website. Your agreement to comply with and be
bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and
Conditions, you should stop using the Website immediately.
1. Definitions and Interpretation In this Agreement the following terms shall have the following meanings:
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer
that appears on or forms part of this Website;
“Learning Establishment” means any provider of education to persons of any age including, but not limited to, schools, colleges, universities and professional / adult
education providers;
“TraxRecord” means TraxRecord Limite of London, United Kingdom;
“Service” means collectively any online facilities, tools, services or information that TraxRecord makes available through the Website either now or in the
future;
“System” means any online communications infrastructure that TraxRecord makes available through the Website either now or in the future. This includes, but is
not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Website and is not employed by TraxRecord and acting in the course of their employment; and
“Website” means the website that you are currently using www.Certify.Direct and any sub-domains of this site unless expressly excluded by their own terms and
conditions.
2. Intellectual Property
1.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including,
but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is
the property of TraxRecord, or our affiliates. By continuing to use the Website you acknowledge that such material is protected by applicable United
Kingdom and International intellectual property and other laws. 1.2 You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website for as specified in Clause 4 of
these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Website or unless given express written
permission to do so by TraxRecord Specifically you agree that: 2.a.1 You will not use the Content of the Website for commercial purposes; 2.a.2 You will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection,
compilation, directory or database unless given express written permission to do so by TraxRecord 2.a.3 You may, as a student of a recognised Learning Establishment, use the Content of the Website for educational purposes provided an appropriate
reference is given for all Content so applied using a suitable referencing system of your choice or as stipulated by your Learning Establishment; 2.a.4 Employees of Learning Establishments may use the Content of the Website for teaching purposes subject to the following conditions: a) No further consent is required for use in not-for-profit Learning Establishments. This may include, but is not limited to, schools that
charge no fees for tuition; and b) For use in profit-making Learning Establishments, prior written consent is required. This may include, but is not limited to, private schools
charging fees, universities and adult education providers.
3. Third Party Intellectual Property
Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless
expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Website. The
exceptions in Clause 4 continue to apply. Any such Content will be accompanied by a notice providing the contact details of the owner and any
separate use policy that may be relevant.
4. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and
Patents Act 1988 apply.
5. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of TraxRecord or that of our
affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out
of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in
control of them
6. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.certify.direct URL of homepage>> without
prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of TraxRecord. To find out more please
contact us by email at info-@-traxrecord-.-com (please remove the hyphens in the email) or by using the Contact Us form on the website.
7. Use of Communications Facilities
1.1 When using the Forums/Chat or similar and/or any other System on the Website you should do so in accordance with the following rules: 1.a.1 You must not use obscene or vulgar language; 1.a.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive,
threatening, harassing, defamatory, ageist, sexist or racist; 1.a.3 No Content that is intended to promote or incite violence; 1.a.4 It is advised that posts on forums/chat or similar and communications with TraxRecord are made using the English language(s) as we may be
unable to respond to enquiries submitted in any other languages; 1.a.5 You must not post links to other websites containing any of the above types of Content; 1.a.6 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws; 1.a.7 You must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes
including references where advertising may be incidental; 1.a.8 You must not impersonate other people, particularly employees and representatives of TraxRecord or our affiliates; and 1.a.9 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”. 1.2 You acknowledge that TraxRecord reserves the right to monitor any and all communications made to us or using our System. 1.3 You acknowledge that TraxRecord may retain copies of any and all communications made to us or using our System. 1.4 You acknowledge that any information you send to us through our System or post on the Forums/Chat or similar may be modified by us in any way
and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such
information must be communicated to us in advance and we reserve the right to reject such terms and associated information. 1.5 In order to use the Forums/Chat or similar and any other communication facility that may be added in the future on this Website, you are
required to submit certain personal details. By continuing to use this Website you represent and warrant that: 5.a.1 Any information you submit is accurate and truthful; and 5.a.2 You will keep this information accurate and up-to-date.
8. Privacy
Use of the Website is also governed by our Privacy Policy which is incorporated into these Terms and Conditions by this reference. To view the
Privacy Policy, please click on the link above.
9. Disclaimers
1.1 TraxRecord makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it
will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it
will be secure. 1.2 Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date,
TraxRecord makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services. 1.3 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions
or taking any action of any kind. 1.4 The information on this Website is not designed with commercial purposes in mind. Commercial use of the Content of this Website is forbidden
under sub-Clause 2.2.1 of these Terms and Conditions. Any such use constitutes a breach of these Terms and Conditions and TraxRecord makes no
representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on
which business decisions can be based. 1.5 Whilst every effort has been made to ensure that all descriptions of services available from TraxRecord correspond to the actual services
available, TraxRecord is not responsible for any variations from these descriptions. 1.6 Whilst TraxRecord uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are
advised to take responsibility for their own security, that of their personal details and their computers.
10. Availability of the Website and Modifications
1.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults.
To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of
information, compatibility and satisfactory quality. 1.2 TraxRecord ccepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited
to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions
and censorship. 1.3 TraxRecord reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the
products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly
stated otherwise.
11. Limitation of Liability
1.1 To the maximum extent permitted by law, TraxRecord accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise,
including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users
should be aware that they use the Website and its Content at their own risk. 1.2 Nothing in these Terms and Conditions excludes or restricts TraxRecord’s liability for death or personal injury resulting from any negligence
or fraud on the part of TraxRecord. 1.3 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair
Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed
severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall
apply only within jurisdictions where a particular term is illegal.
12. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a
waiver of that right or remedy.
13. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall
prevail unless it is expressly stated otherwise.
14. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between
you and TraxRecord.
15. Communications
1.1 All notices / communications shall be sent to us either by post to our Premises (see address above) or by email to info-@-traxrecord-.-com
(please remove the hyphens in the email). Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if
the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday. 1.2 TraxRecord may from time to time send you information about our products and/or services. If you do not wish to receive such information,
please unsubscribe, e.g. "click on the 'Unsubscribe' link in any email which you receive from us."
16. Law and Jurisdiction
These Terms and Conditions and the relationship between you and TraxRecord shall be governed by and construed in accordance with the Law of England
and Wales and TraxRecord and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
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