PURPLE PASSPORT LTD TERMS & CONDITIONS
Last updated: 16/05/2007
PurplePassport Ltd (PPL) are the owners and purveyors of the web technology powering a number of skills passport websites on behalf of third party organizations (hereafter referred to as ‘the Sites’) to which this statement applies. PPL license the web technology to Government Appointed Sector Skills Councils and similar organisations. The data collected on the site is jointly owned by PPL and the Government Appointed Sector Skills Councils to whom the site is licensed. Both parties are bound by the terms and conditions set out in this document.
1.0 Introduction
1.1 PPL maintains the Site, and the information and materials on the Site ("the Content"). The Site provides Content for the time being including but not limited to: a personal skills profile containing personal details and a record of skills and qualifications acquired by each person who has successfully applied for a skills passport via the Site or otherwise, any individual who has granted authority to their employer or representative body, (providing that such employer or representative body has successfully applied to be registered as a “Verifier” on the Site to register their details and/or skills and qualifications on the Site on their behalf. Other Card Holder related content includes a record of personal goals and aspirations which can be set-up by a Card Holder plus career paths, tips and advice which may link to a content library of online and offline training modules and courses. Commercial organisation can apply to the Site to become Registered Verifier (“Verifiers”). Verifiers are provided extended access and additional features to enable them to manage skills records of Card Holders who may be under their employment at any time. Other Verifier related content includes vocational skills assessment modules plus specific skills frameworks from time to time and recommended learning, career paths, tips and advice which may link to a content library of online and offline training modules and courses. The site may also provide the facility to purchase products and services from the Site ("the Services") which are from time to time available to the Card Holders and the Registered Verifiers.
1.2 In order for a visitor to the site, ("a Visitor"), to become a Card Holder and obtain a Skills Passport or, as a representative of a commercial organisation, to become a Registered Verifier, they must agree to these Terms and Conditions and Privacy Policy of the Site. The Visitor verifies his or her acceptance by completing the process on the Site to both register as a Card Holder or Verifier. Should the Visitor have any difficulty in performing the registration process they should contact PPL. Contact details can be found by clicking on the 'Contact Us' button on the Site.
In order for Card Holders or Verifiers to purchase or obtain any of the Services, they must accept these terms, and the terms and the privacy statement (“the Privacy Policy”) and you should read them before applying for membership or registration or purchasing or obtaining any of the Services.
1.3 Please read these Terms of Use carefully. They apply to all Visitors to the site and registered Card Holders and Verifiers. The Services and use of the Site are provided to you subject to these Terms of Use, the additional Licence Terms, and any other terms and conditions referred to on the Site or published from time to time by PPL (together "the Terms and Conditions"), and by visiting or using the Site or completing the registration or purchase process, or accessing or browsing this Site, you accept and agree to be bound by such Terms and Conditions.
1.4 PPL reserves the right, at its discretion to change, add or remove certain of the Terms and Conditions on the Site at any time. Please check the Site periodically for such changes. Your continued use of the Site following the posting of changes means you accept such changes.
2.0 Restrictions of use
2.1 All copyright and other intellectual property rights comprising the Content and the Services provided on this site belong to and are strictly reserved by PPL or its Content providers. Visitors, Card Holders and Verifiers are hereby granted permission to access the Site to view its content or for the supply of the Services, and other third parties and Visitors are permitted to view the general information on the Site, but otherwise you agree that you will not make any other unauthorised use or disclosure of the Site or Contents or infringe the copyright or intellectual property rights of PPL or its Content providers.
2.2 The Services are supplied to Card Holders for their own use and on the understanding that Card Holders shall treat all information relating to the Services as confidential and shall not disclose it to any third party. Verifiers are provided access to the site for the use of their business and can only access a Card Holders passport with the express authorisation of such Card Holder.
2.3 You agree to comply with all applicable laws relating to the use of the Site. If you engage in any activity which breaches any of the Terms and Conditions or is otherwise unauthorised, your account and/or registration may be terminated and your use of the Site and Content and Services may be prohibited.
3.0 Disclaimer
3.1 Whilst PPL takes care to ensure the accuracy of the Content and the Services, to the extent permitted by law, PPL assumes no legal liability for and does not warrant that the information contained on the Site is accurate or complete, or that the Content, Site, or Services will be free from errors or that its availability will be uninterrupted and PPL hereby expressly disclaims and excludes all express and implied warranties and any other terms and conditions not stated herein, so far as such exclusion or disclaimer is permitted under the applicable law. PPL excludes all liability to any person for any claims, losses or damages (including, without limitation, any indirect or consequential losses or losses of profits) caused by any acts, errors or omissions, whether such acts errors or omissions result from negligence, accident or any other reason and PPL's maximum liability to the Card Holders shall not exceed the aggregate total of the Card Holder's fees in the six months preceding such event but this clause does not limit PPL liability for fraudulent misrepresentation or personal injury or death directly caused by PPL's negligence.
3.2 The information provided by PPL to Visitors and Card Holders in carrying out the Services is provided solely for information purposes and should not be considered professional advice. The Visitor, Card Holder or Registered Verifier acknowledges that the use of the Site and the Services is at their own risk, and PPL shall not be liable for any loss arising from the Visitor's or Card Holder's reliance on any information provided by PPL in visiting the site or the performance of the Services.
4.0 Purchasing Services No right to cancel.
4.1 IMPORTANT NOTICE. Please read this first before ordering or using Content and Services. Given the nature of the Content and Services (being software based products) and the form of payment and the fact that the service will be provided almost immediately (which can be accessed and printed through this site), the agreement cannot be cancelled and Content and Services returns (where and if possible) will not be accepted. If you are ordering in the capacity of a consumer then your right to cancel the contract pursuant to the Consumer Protection (Distance Selling) Regulations 2000 do not apply.
4.2 The information displayed on this Site, including prices (where applicable), does not constitute an offer to contract or enter into an agreement. By placing an order you make an offer to us to purchase or obtain the Content and Services you have selected. A binding agreement between you and PPL for the purchase of the Content and Services shall be formed when a PPL accepts your order and a confirmation message has been sent to you by PPL or when the Content and Services is made available to you. Once an Order is accepted the service will automatically be accessed and you may not cancel the order. If PPL cannot accept your order for any reason you will be advised in the order process or by email or other suitable means.
5.0 Content and Service Availability and Web Site Availability
5.1 Access to the Content and Services via the internet is subject to the limitations of the enabling technology on which it is based which may be adversely affected by your ISP or telephone network’s performance and other operational factors beyond PPL or any third party provider’s control including, without limitation, availability of service, congestion, dropped connections, the performance of your PC and the maintenance of secure network connections. It is contemplated that the Content and Services may be interrupted, that they are not error free, and that the content, performance, message and data transmission, response and refresh times and access to and interaction with Content and Services via the internet cannot be guaranteed at all times.
5.2 The Service is provided on an ‘as is’ and ‘as available’ basis and without any warranty express or implied (in so far as it is possible to limit such warranty under law). Where applicable nothing in these Terms and Conditions limits your statutory rights as a consumer. Products and Content Services are being supplied to you at your sole risk. The Content and Services provided via this Site may be delayed or interrupted. PPL will not be liable for any partial or complete failure of delivery of the Content and Services.
5.3 From time to time PPL may suspend the operation of this Site for repair or maintenance work or in order to upgrade the contents or functionality of this Site and/or the services. PPL may institute restrictions and requirements to combat fraud and misuse from time to time including but not limited to restricting the quantity of Contents and Services being ordered and frequency and accessibility to the Services via this site.
5.4 To access this Site and purchase the Content and Services you must own or have access to computer equipment that is in good working order, and has the following minimum specifications:
You will be responsible for any operational failures which are due to non-compliance with these conditions.
6.0 Submissions of information
6.1 By applying to register as a Card Holder or Verifier or registering and purchasing or obtaining any of the Services you will be required to complete an online registration form which requires you to submit certain information and material to PPL and by submitting any such material or information to PPL, you agree as follows:-
(i) PPL will be free to use any such information for the purposes of the Services without charge or liability to you and you agree not to take any action against PPL in relation to the use of such material or information in connection with the supply of the Services. PPL shall be entitled to use such information for all purposes set out in PPL's privacy statement (“Privacy Policy") including the right to disclose such information to third parties including its business partners for the purposes of supporting and mentoring individuals and/or businesses, academic research by bodies such as universities and government, and advertising and promotion of products of PPL and their partners but shall otherwise treat such information as confidential. (A Card Holder and Verifier has the option of not sharing information for such uses, except where such information is mandatory, by clicking or ticking the opt out box when registering);
(ii) You warrant that the material or information submitted by you is a) owned by you or that you have all necessary rights and permissions to provide such information and materials to PPL, b) that the information and materials are true and accurate and that such information and materials are not defamatory, obscene, distasteful, unlawful, threatening, c) that the disclosure of such information and materials do not contravene or breach any duty of confidentiality owed to any third party nor any third party privacy nor does it infringe any third party intellectual property rights and you shall indemnify and render PPL harmless against any and all claims, losses, liabilities, expenses and damages including any legal costs and expenses, incurred by PPL arising as a result of any breach of the above warranties;
(iii) To take reasonable steps to ensure that the material or information is free from any known computer viruses, or other contaminates, including but not limited to any code or instructions that may be used to modify damage disable or compromise the security of this Site, or PPL's computer systems or networks; and
(iv) That you shall not post or transmit to or from the Site any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
6.2 Security
PPL protects customer data we collect, in particular credit card details, by storing it on password and firewall protected servers using encryption technologies to protect against unauthorised access. While PPL uses reasonable endeavours to provide a secure contracting environment it cannot guarantee the absolute security of information and you agree to assume the security risk for the information you provide when purchasing or information and materials on this site.
7.0 Pricing and Payment
7.1 The Card Holder agrees to pay all charges for the Services, plus any applicable taxes at the rates in effect when the charges are incurred. PPL may vary its prices from time to time, please check this site periodically for the current prices.
7.2 If you make payment by means of a credit card, on line or other wise, you hereby warrant that
(a) all credit card information you supply to PPL is true, correct and complete;
(b) all charges incurred by you will be honoured by your credit card company;
(c) you will pay all charges that you incur at the then current rate, including
taxes and delivery; and you will keep your password confidential and notify PPL
within 24 hours of any unauthorised disclosure or use of your password or any
other breach of security. If you do not notify PPL, you will be responsible for
the charges incurred by the use of your password.
8.0 Licence Terms
8.1 Where the Card Holder or Verifier acquires Content and/or Services from PPL then they, by using such Content and or Services, agree to comply with the terms and conditions set out in the Licence Terms.
9.0 Links to Third Party Websites
9.1 PPL has no control over and assumes no liability for material created or published by third parties on websites which are linked to or from the Site, or for third party products or services referred to in such sites. Such links shall in no way imply that PPL endorses such sites or the products or services referred to in such sites.
10.0 Termination
10.1 PPL shall be entitled to terminate the Card Holder's registration and subscription for any Services in the event that the Card Holder has failed to pay any of its fees, or commits any other breach of these Terms and Conditions or the Licence terms and conditions where applicable, and in the event of a breach capable of remedy, fails to remedy such breach within 14 days after receiving notice to remedy.
11.0 Governing Law
11.1 This Site is created for viewers in the United Kingdom. Any interpretation of its Content, claims or disputes (of whatever nature and not limited to contractual issues) shall be determined in accordance with English law, subject to the exclusive jurisdiction of the English Courts.
LICENCE TERMS
1. Introduction
Please read the terms and conditions of this licence ("the Licence") carefully. The Services including all your orders and purchases and use of any of the Services and or use of the PPL Limited (PPL) Purple Passport website ("the Site") are provided to you subject to the terms and conditions of this Licence, the additional Terms of Use, and any other terms and conditions set forth on this Site or published from time to time by PPL. Any order, purchase or use of the Services is made subject to the Terms and Conditions of this Site and by ordering or purchasing or using any of the Services after completing the registration process or accessing or browsing this Site, you accept and agree to be bound by the terms of this Licence and the additional Terms of Use and terms and conditions.
PPL reserve the right, at its discretion, to change, add or remove certain of the terms and conditions set out in this Licence and/or any additional Terms of Use and terms and conditions. Please check this site periodically for such changes. Your continued use of the Services and the Site following the posting of changes means you accept such changes.
2. Software
PPL grants you the rights set out in this Licence in relation to all the software supplied on the Site that comprise the Services including the Purple Passport web site; and other software provided by PPL for the time being (the “PPL Software") and all other third party software provided on the site for the time being (the "Third Party Software") used in the supply of the Services. For the purposes of this Licence the PPL Software and Third Party Software shall be together referred to as "the Software".
3. Grant of Rights - Card Holders
3.1 In consideration of the payment by you of the Transaction Fee(s) for the Software, PPL hereby grants you a non-exclusive, non-transferable revocable Licence to use Site subject to the following terms and conditions of this Licence.
3.2 You shall be entitled to use the Software for the purposes of receiving the Services to be provided by PPL pursuant to your payment of the Transaction Fee(s) and any other subscription and/or fee(s) to use the Services in force for the time being and for your personal internal use of the Services only.
3.3 You shall not be entitled to:-
3.3.1 grant any licences, sub-licences, or grant any other rights to third parties for use of or access to the Software, or disclose your user identification and/or password to third parties, or make copies of such software; 3.3.2 modify, adapt, merge, translate, decompile, disassemble, reverse engineer or sell the Software or create derivative works based on such software or otherwise commercially exploit the software;
3.4 This Licence permits you to access and use the Software from a single computer which is under your control. If you enter into this Licence as a sole trader, partnership, company, firm or any other type of business organisation, and require the use of the Software by your employees, agents or any other third party (Such persons to be collectively known as third party), such third party must first complete the registration procedure and pay a Licence Fee in connection with such third party use.
3. Grant of Rights - Verifiers
3.1 On your acceptance, as an officer or authorised representative of the organisation applying to be a Registered Verifier, of these Terms and Conditions, PPL hereby grants you a non-exclusive, non-transferable revocable Licence to use the Site subject to the following terms and conditions of this Licence.
3.2 You shall be entitled to use the Software for the purposes of receiving the Services to be provided by PPL pursuant to your payment of the Licence Fee(s) and any other subscription and/or licence fee(s) to use the Services in force for the time being and for your personal internal use of the Services only.
3.3 You shall not be entitled to:-
3.3.1 grant any licences, sub-licences, or grant any other rights to third parties for use of or access to the Software, or disclose your user identification and/or password to third parties, or make copies of such software; 3.3.2 modify, adapt, merge, translate, decompile, disassemble, reverse engineer or sell the Software or create derivative works based on such software or otherwise commercially exploit the software
3.4 This Licence permits you to access and use the Software from a single computer which is under your control. If you enter into this Licence as a sole trader, partnership, company, firm or any other type of business organisation, and require the use of the Software by your employees, agents or any other third party (Such persons to be collectively known as third party), such third party must first complete the Verifier registration procedure in connection with such third party use.
4. Intellectual Property
All rights of copyright and any other intellectual property rights in the Software belong to and remain strictly reserved by PPL and its licensors, as appropriate. No right interest or title in the Software is granted to you other than the limited rights of use set out above.
5. Payment Terms, Duration and Termination
5.1 A Transaction Fee is due for payment for each item added or amended to a Card Holders passport. Once payment of each relevant Transaction Fee is made by you, including all applicable taxes for the time being, either by credit card on the Site or directly to PPL by cheque (Account Customers Only), you are deemed to have bought such item(s) of the Services at that point of sale and any Licence Fee(s) so paid are non-refundable. Before purchasing any item(s) of the Services you should satisfy yourself of the suitability of the Services for your purpose.
5.2 The Licence granted herein shall continue for your contracted period or subscription for Services on this Site, which is THIRTY SIX CALENDAR MONTHS from the date of purchase of a Licence Fee. At PPL’s absolute discretion your contracted period may include access to the Software for up to ONE extra calendar month for set up or implementation or familiaristaion with the Software whereupon your contracted period will be THIRTY SEVEN CALENDAR MONTHS from the date of purchase of a License fee. The Licence may be terminated by the Licensor if you fail to pay any sum or if you commit any breach of any of the terms and conditions on this Site or of the terms and conditions of this Licence.
5.3 Any termination of this Licence shall be without prejudice to any other rights or remedies a party may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of the parties.
6. The Services
A description of the Services covered by this Licence is displayed under "About" on the Site.
7. Support
The Licensor is under no obligation to provide support under this Licence.
8. Liability
You shall be responsible for satisfying yourself as to the suitability of the Software and Services for your purposes. You assume the entire risk of using such software. PPL assumes no legal liability for and does not warrant that the Software, and / or the Services will be free from errors or that its availability will be uninterrupted and PPL hereby expressly disclaims and excludes all implied or express warranties and representations other than stated in these terms and conditions herein, so far as such exclusion or disclaimer is permitted under the applicable law. PPL excludes all liability to any person for any claims, losses or damages (including, without limitation, any indirect or consequential losses including loss of profits or other revenue, computer down time, lost commercial opportunities of contracts or otherwise) caused by any acts errors or omissions, whether such acts errors or omissions result from negligence, accident or any other reason but this clause does not limit PPL’s liability for fraudulent misrepresentation or personal injury or death directly resulting from PPL’s negligence.
9. Assignment
This License is personal to you and you shall not be entitled to assign, sub-licence or otherwise transfer your rights and obligations under this Licence.
10. Governing Law
This Licence shall be governed by and construed in accordance with English law and the parties hereto submit to the exclusive jurisdiction of the English courts.
11. Fraud
If you have reason to suspect that a cardholder or Verifier has acted in a fradulent manner then please send an email to reportfraud@purplepassport.com. You should include the details of the cardholder or Verifier under suspicion and full details of why you feel that they have acted in a fraudulent manner. All such emails will be treated in the strictest of confidence. We will then investigate the circumstances and if the cardholder or Verifier is proven to have acted in a fraudulent manner then they will be removed from the PurplePassport card scheme.