Terms and Conditions

Download our corporate terms and conditions (Word) >

LICENCE

Terms used in the Order overleaf shall bear the same meaning in these Conditions. We, Skillsarena Limited (English Company No: 04221642), grant you, the Customer and employees and other persons authorised by you (“Candidates”), a non-exclusive, non-transferable licence to access the secure areas of our website www.skillsarena.com (“Website”). Such access shall be through using the software (“Software”) provided by us to you and Candidates electronically to install on equipment of the type specified on our Website from time to time (“Equipment”) which allows access to the Website from which we provide the Tests. The terms agreed between us and you in the Order overleaf and these Conditions shall hereinafter be referred to as “the Contract”. Candidates’ access to the Website shall be governed by the Candidate Terms and Conditions displayed from time to time on the Website. This licence is subject to the following conditions:

• only you and Candidates are licensed and the Software may only be used on Equipment
• you must not reverse-engineer, decompile or make back-up copies of the Software or use the Software in any way with any other software, save to the extent expressly permitted by applicable law nor use, copy, adapt or alter the Software or permit or allow anyone else (save a Candidate) to use the Software in any way other than as expressly permitted under the Contract
• you must comply promptly with any reasonable instructions given by us from time to time in connection with the use and operation of the Website including without limitation using the Software in accordance with any user manuals or related documentation in respect of the Software
• you are responsible for obtaining all equipment and for paying all telephone charges necessary to enable you to access the Website
• you will ensure that all Candidates use the Website in the manner envisaged by the Contract and comply with the Candidate Terms and the Contract.

PROPERTY RIGHTS

All intellectual property rights of whatever nature and howsoever arising which relate to or are connected with the Website and/or the Software or developed in the course of their use (including without limitation the design concept, source code, documentation, tools, data files, algorithms, images, graphs, textual information and other materials and any data generated by use of the Website) shall remain vested in us and the Website (and the intellectual property rights therein) may only be used to the extent expressly permitted in the Contract.

LIABILITY

Nothing in the Contract shall limit or exclude our liability for death or personal injury resulting from our negligence or in relation to any other liability which may not by applicable law be excluded or limited.

Subject to clause 3.1, our liability to you or any third parties shall be limited to a total maximum aggregate amount which is equal to the charges specified in the Contract received in cleared funds by us from you.

We cannot accept responsibility for any loss of service and do not accept responsibility for any costs, loss of profits, sales, bargain, software, data or opportunity or indirect or consequential losses or loss of time on the part of management or other staff). You should satisfy yourself that you have appropriate protection against computer viruses whilst using the internet, and that your connection to the Website is secure.

Save as expressly specified in the Contract, all terms, conditions, warranties, representations or guarantees (whether express or implied) relating to the performance, quality, merchantability, fitness for purpose or ability to achieve a particular result of the Tests, the Software and/or access to the Website are hereby excluded to the maximum extent permitted by law. You acknowledge that all tests provided by us (and their results) are guides only to the suitability or lack of suitability of Candidates. We reserve the right to suspend, restrict or terminate your access to the Website for any reason and will not be held responsible for any damages you or a Candidate may suffer as a result of the loss of confidentiality/data due to any breaches in security.

TRAINING AND MAINTENANCE

In consideration of the fee for maintenance (if any) specified in the Contract we will provide maintenance for the Website and in relation to the Tests in the manner set out in on the Website from time to time.

We shall provide one training session to your personnel in the use of the Software and on a date and at a time to be agreed between us. Additional training can be provided by us as agreed between us from time to time.

Termination

Without prejudice to any of our other rights we may terminate access to the Website, the licence of the Software and the maintenance services specified in the Contract:-

immediately by notice to you if you materially breach any term of the Contract and (if it is possible to remedy the breach) fail to remedy that material breach within 30 days of notice of that breach being given to you;

• upon giving 90 days prior written notice to you at any time.
• The Contract shall continue until the end of the Access Period.

Upon such termination or on expiry of the access to the Website or the Tests:-

• we may disable or terminate the provision of the Tests and you will delete all copies of the Software (if any) which you have
• you will immediately pay us any sums which are due to us by you and which are outstanding as at the date of termination or expiry.

Termination or expiry shall not affect any rights and/or liabilities of either you or us which were accrued prior to the date of termination or expiry (as the case may be).

GENERAL

All notices, agreements and consents shall be in writing. Notices shall be sent to the address of the recipient set out in the Contract or such other address as either you or us shall notify to the other in accordance with this clause. Any letter may be delivered by hand or first class pre-paid letter and shall be deemed to be delivered if sent by hand when delivered and if by first class post 48 hours after posting. If notices are sent by fax they shall be deemed to have been duly given when the fax is successfully transmitted and provided a receipt for the successful electronic transmission is obtained.

These Conditions may be amended by posting the amended Conditions on the Website.  

The Contract , supersedes and replaces all previous agreements and/or representations (whether in writing or otherwise) in relation to its subject matter except in respect of any fraudulent misrepresentations.

The Contract shall be governed by and interpreted in accordance with English Law and you and we hereby submit to the exclusive jurisdiction of the English Courts.

Company Information

SKILLSARENA LIMITED

UK Company Reg No: 04221642

Registered Office

HOLDSWORTH HOUSE
65 - 73 STAINES ROAD
HOUNSLOW
TW3 3HW

VAT no - 788688045