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Terms & Conditions of Business This website at www.CBI-SMART.com (the "Site") is owned and operated by The A&DC Group Ltd ("A&DC"). References in these Terms & Conditions of Business to "you", "your" or "yours" are to be taken as references to the Site user or visitor, except where stated or where the context requires otherwise. A&DC hereby grants you access to these pages on this Site, including all information, documents, communications, files, text, graphics and software available on or through the Site (collectively, the "Material" or "Materials") and all services operated by A&DC on or through the Site, conditional upon your agreement to accept the application of local, state, national and/or international law or any regulations having the force of law to govern matters between us in relation to this Site. For further information, please refer to our Terms of Use. The Materials and Services provided by the A&DC Site to which these Terms & Conditions of Business relate are set out below. In entering our Site, you as a user are accepting our Terms & Conditions of Business | 1. | Interpretation | 1.1 | In these Terms & Conditions of Business ("Conditions"): | "A&DC" means The A&DC Group Ltd, whose registered address is at 120 Church Street, Brighton, East Sussex, BN1 1AU and whose Registered Number is 5566781; | "CBI-SMART Materials" means all works created by or for A&DC including but not limited to interview guides, criteria, questions, behavioural indicators, reports, information, documents, communications, files, text, graphics, procedures, know how, presentations and manuals, and including customised works ("Bespoke"), whether written or in the form of a video or software program or in any other medium and whether supplied directly to the Client or as a result of a Training Course; | "A&DC Intellectual Property" means the Trade Marks and all intellectual property rights in the CBI-SMART Materials including copyright, trade names, get up, format or compilation rights, patents and other intellectual property rights used or embodied in or used in connection with CBI-SMART Materials; Please refer to Copyright for further information. | "Client" means the company, business, individual or any other person (legal or natural) purchasing or using CBI-SMART Materials; | "Registered User" means a person employed by the Client, or a sole proprietor or self-employed person who is also the Client, who has registered with A&DC and purchased an annual licence to use CBI-SMART Materials; | "Trade Marks" means names, logos and derivatives of: A&DC®, ADC, CBI-SMART™ and all other business, trading and domain names used by A&DC in its business; Please refer to Copyright for further information. | 1.2 | The headings in these Conditions are for convenience only and shall not affect their interpretation. | 1.3 | These Conditions override any earlier terms and conditions appearing in A&DC's catalogues, websites or elsewhere, or referred to by the Client whether in the order or any negotiations. | 1.4 | A&DC may amend, vary or revise these Conditions from time to time. A&DC shall notify the Client of such revised Conditions, which shall be binding on the parties unless the Client wishes not to accept the new Conditions in which case the Client shall cease using the CBI-SMART website and return all CBI-SMART Materials not in use by the Client at that time. | 1.5 | CONDITION [7] RELATING TO A&DC INTELLECTUAL PROPERTY SHALL BE OF THE ESSENCE OF THIS AGREEMENT. BREACH OF CONDITION [7] GIVES A&DC THE RIGHT TO TERMINATE THIS AGREEMENT WITH IMMEDIATE EFFECT. | 2. | Conditions of Supply/Use of Materials | 2.1 | These conditions apply to all sales and supply of CBI-SMART Materials to the exclusion of all others. | 2.2 | CBI-SMART Materials will be available once clients have registered on the appropriate online registration form and have transferred appropriate funds to cover the annual licence fee to A&DC’s nominated bank account. | 2.3 | Registered Users shall inform A&DC of any change of relevant information, including but not restricted to change of employer. | 2.4 | CBI-SMART Materials can only be downloaded by Registered Users, however Interview Guides can be used by Registered Users and by others under their supervision, where the Registered User takes appropriate steps to ensure others are competent to conduct Competency Based Interviews . | 2.5 | CBI-SMART Materials may be downloaded from the A&DC website by Registered Users who have purchased a valid annual licence in order to create Interview Guides . Once created, these Interview Guides may be printed and/or photocopied for use within the Registered User’s home organisation or within third party client organisations. However Interview Guides are produced and wherever they are used, the guides must display the CBI-SMART and A&DC logos. | 2.6 | CBI-SMART Materials shall not be amended without authorisation from A&DC, (please refer to Copyright). A&DC may from time to time authorise a Registered User to make amendments to CBI-SMART Materials to reflect their own needs. | 2.7 | A&DC reserves the right to reasonably withhold CBI-SMART Materials from those who violate such standards or breach any of these Conditions and/or to cancel the registration of Registered Users who are guilty of non-compliance. | 2.8 | Registered Users are responsible for ensuring that anyone using Interview Guides that they have created are competent in conducting Competency Based Interviews and A&DC accepts no liability for any decisions that are made using information gathered using CBI-SMART Interview Guides. | 3. | Obtaining CBI-SMART Materials | 3.1 | A Registered User, once the full funds for the annual licence fee have been received by A&DC will be able to download CBI-SMART Materials for the duration of the licence. | 3.2 | Unless expressly stated otherwise in these conditions, A&DC will not accept any CBI-SMART Materials for return or refund, nor will they refund the annual licence fee in part or in full and this is a condition of sale. If a Client believes there are extenuating circumstances and wishes to discuss the return of CBI-SMART Materials, or the refund of the licence fee, a decision will be made by A&DC on a case-by-case basis. | 3.3 | Registered Users will be able to access CBI-SMART Materials for 12 months from the date of purchase. There is no limit to the number of times they can access these Materials or the number of Interview Guides they can create during this 12 month period. Registered Users will be notified that their licence is due to expire 1 month before the date of expiry. If the licence is not renewed, access to CBI-SMART will be terminated on the date of expiry. | 4. | Payment Terms and Price | 4.1 | A&DC accepts payment in pounds sterling (GBP) by Cheque, Bank Transfer, Visa or MasterCard. Payments in other currencies can be made by arrangement. Clients will be expected to pay all charges in relation to bank transfers and currency transactions | 4.2 | In respect of CBI-SMART Materials: | (a) | In order to obtain CBI-SMART materials, clients must become a Registered User by completing the online Registration Form and purchase a Single User Annual Licence. | (b) | The appropriate fee must be paid and received by A&DC before access to CBI-SMART Materials can be obtained. | (c) | Payment can be made online, by credit card transfer, by cheque or by invoice, but in all cases the annual licence fee in full will need to received by A&DC before access to CBI-SMART Materials can be obtained. | 4.3 | Prices of CBI-SMART Materials are set out in our current catalogue, this Site, related A&DC websites and/or other related documents and are correct at the time of publication but could be subject to change without notice. Please contact us for further information. | 4.4 | Unless stated otherwise on this Site, prices for CBI-SMART Materials are exclusive of any applicable costs including but not restricted to handling, carriage and taxes, all of which could be subject to amendment. | 4.5 | We integrate Paypal online payment system which accept Visa, MasterCard, Switch, Solo, Electron and Delta as forms of payment. You may also pay by cheque or postal order although, in these circumstances, we cannot enable you to use CBI-SMART until payment has been cleared which can take up to 14 days. On the order you must provide us with your exact billing address and telephone number, the address and phone number your credit card holder has on file for you. Incorrect information will cause a delay in processing your order. Your order will only be processed once authorisation of your credit card has been properly received. | 5. | Liability | 5.1 | Subject to condition 6.4 the following provisions set out the entire financial liability of A&DC (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Client in respect of: | (a) | Any breach of these Conditions; and | (b) | Any representation, statement or tortious act or omission including negligence arising under or in connection with the Conditions. | 5.2 | All warranties, conditions and other terms implied by relevant and applicable national and international law are, to the fullest extent permitted by law, excluded from these Conditions. | 5.3 | Nothing in these Conditions excludes or limits the liability of A&DC Partner for death or personal injury caused by the Partner's negligence or fraudulent misrepresentation relied upon by the Client. | THE CLIENT'S ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF CONDITION 5.4. PLEASE ALSO REFER TO THE DISCLAIMER | 5.4 | Subject to conditions 5.2 and 5.3: | (a) | Subject to 5.4 (b) and (c) A&DC’s total liability in contract, tort, misrepresentation or otherwise, arising in connection with the performance or contemplated performance of these Conditions or the use of CBI-SMART Materials shall be limited to reimbursement in respect of the CBI-SMART Annual Licence fee and | (b) | A&DC shall not be liable to the Client for any indirect or consequential loss or damage costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Conditions or for any acts, omissions or negligence of third parties e.g. internet failures. | (c) | All reports generated by Registered Users, or anyone else under their supervision, using CBI-SMART Materials must not be relied upon as statements of fact. For the avoidance of doubt A&DC will not be liable in respect of any recruitment or employment decisions or claims made on the basis of or derived from using CBI-SMART Materials, or associated procedures. | 6. | Data Protection and Confidentiality | 6.1 | The Client and A&DC shall comply with relevant national and international law on data protection in relation to the use of CBI-SMART Materials and the Client shall ensure that it has obtained all necessary consents before passing personal data to A&DC for processing. Furthermore the Client consents to the processing of all data and personal information supplied to A&DC for the purposes of these Conditions and the effective use of the CBI-SMART Materials. Please also refer to our Privacy Policy. | 6.2 | Each party shall keep confidential all information obtained from the other pursuant to these Conditions and shall not divulge such information to another party without the other's written consent unless ordered to make such a disclosure by a competent court of law or other empowered tribunal or authority or unless required to do so by law. Where disclosure is ordered or, required under applicable national and international law on freedom of information, A&DC will inform the Client accordingly. Each party will ensure its employees, sub-contractors and agents are bound by this clause, which shall not restrict the use of information lawfully in the public domain. | 7. | Intellectual Property Rights | 7.1 | The Client acknowledges that A&DC Intellectual Property is the sole property of A&DC (please refer to Copyright for further information). | 7.2 | The Client's rights to CBI-SMART Materials and A&DC Intellectual Property are strictly limited to a non-exclusive licence as expressly set out in these Conditions and any other written instructions issued to the Client. | 7.3 | Registered Users, for the duration of their annual licence, may download, print or photocopy Interview Guides created using CBI-SMART Materials which are provided on the CBI-SMART web site. Clients may not vary or adapt the CBI-SMART Materials or a substantial part of them by any means or in any way whatever, or transcribe the same into any kind of information retrieval system including any form of computer system without the express written agreement of A&DC. Any such act or occurrence is an infringement of A&DC Intellectual Property and may amount to a criminal offence. A&DC may take legal action against anyone who infringes its Intellectual Property rights. | 7.4 | Registered Users may re-use any Interview Guides created from CBI-SMART Materials for the duration of their annual licence and may visit the CBI-SMART web site as many times as they wish during the term of the annual licence to create new or different Interview Guides. If the Client is unsure of its rights in respect of any particular item it should contact A&DC. | 7.5 | Intellectual Property rights in any Bespoke CBI-SMART Materials that are specifically developed or created for the Client will be vested in the Client and A&DC. Therefore at its discretion A&DC may choose to add such bespoke materials to the standard CBI-SMART Materials and make these available to other CBI-SMART Registered Users. Further A&DC will retain exclusive ownership of any proprietary pre-existing CBI-SMART Materials which become embedded in such Bespoke CBI-SMART Materials. For a full description of Intellectual Property rights on CBI-SMART, please refer to Copyright. | 7.6 | The Client acknowledges that the Trade Marks are the property of A&DC and use of the Trade Marks by the Client will at all times be in keeping with and will seek to maintain their distinctiveness and reputation as determined by A&DC. The Client will not use the Trade Marks in any way that would bring the reputation of A&DC into disrepute. | 7.7 | Any goodwill in the Trade Marks arising as a result of the purchase or use of CBI-SMART Materials by the Client shall accrue to or is hereby assigned to A&DC. | 7.8 | The Client will not use any mark or name confusingly similar to the Trade Marks in respect of goods similar to the CBI-SMART Materials and will not use the Trade Marks on any goods or services other than the CBI-SMART Materials. | 7.9 | The Client will not use the Trade Marks as part of any corporate business or trading name of the Client. | 8. | General | 8.1 | Clients will not use CBI-SMART Materials in any way that might bring the reputation of A&DC into disrepute. If a Client does something to bring A&DC into disrepute, A&DC reserves the right to withdraw A&DC Services and Materials, terminate the annual licence and repossess any CBI-SMART Materials previously distributed. | 8.2 | A&DC reserves the right to waive a breach of these Conditions. However, under no circumstances should this be considered as a waiver of any subsequent breach of the same or other conditions. | 8.3 | The formation, evidence, construction, performance, validity and all aspects of this agreement shall be governed by English law and the parties submit to the exclusive jurisdiction of the English Courts. | 8.4 | A person who is not party to these Terms & Conditions of Business shall have no right under relevant national or international law to enforce any of these Conditions, so far as permitted by law. | 8.5 | These Conditions shall not constitute or be deemed to constitute a partnership, joint venture or contract of employment between the Client, any Registered User and A&DC. | A&DC retains the right to change these Terms & Conditions of Business from time to time by placing an updated version on this page. Reviewing this page regularly ensures that you are always aware of our Site policies. Your continued use of the Site, or any Materials or Services accessible on or through it, after such an updated version has been posted on this page, constitutes your acceptance of the changes. Version 1.0 1 June 2007 For other terms and conditions relating to this Site please see: Terms of Use 1. Acceptance of Terms This website at www.CBI-SMART.com (the "Site") is owned and operated by The A&DC Group Ltd ("A&DC"). Acceptance of Terms A&DC hereby grants you access to these pages on this Site, including all information, documents, communications, files, text, graphics and software available on or through the Site (collectively, the "Material" or "Materials") and all services operated by A&DC and third parties (the "Services") on or through the Site, conditional upon your agreement to accept the application of local, state, national and/or international law or any regulations having the force of law to govern matters between us in relation to this Site. Access to the Site, Materials and Services is also subject to the terms and conditions set out in this document and any changes to this document that A&DC may publish from time to time (the "Terms of Use "). By accessing or using the Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by these Terms of Use . By using this Site, including all Materials and Services made available through it, you agree to adhere to the conditions set out under Copyright, Disclaimer and Privacy Policy. If you purchase any of our Materials or Services, then that purchase is subject to our Terms & Conditions of Business. IF YOU DO NOT AGREE TO THESE CONDITIONS, PLEASE DO NOT USE THIS SITE. 2. Intellectual Property This Site and all content contained herein, including Materials and Services, are proprietary to, and are the sole property of A&DC or its licensors. All title to the Site and the information and ideas contained herein, and all rights in any copyrights, Trade Marks, trade secrets, trade names, patents and other intellectual property rights in or in connection with the Site (including but not limited to any images, photographs, animations, video, music, text, and ‘applets’ incorporated therein) are and will remain the property of A&DC or its licensors. This Site is protected by international Copyright and other proprietary rights laws. You may not copy, modify, reproduce, perform, display, distribute or create derivative versions of: (a) the content of this Site, other than as expressly permitted in these Terms of Use , our Terms & Conditions of Business or under Copyright, (b) the design or layout of the Site or individual sections of the design or layout of the Site or (c) the A&DC Trade Marks and logos, without A&DC’s prior written permission. 3. User Conduct In using the Site, including all Services and Materials available through it, you agree to meet the following rules of conduct: - Not to post, download for commercial gain, upload, or otherwise transmit any viruses or other harmful, disruptive or destructive files on or through the Site
- Not to interfere with the security of, or disrupt or otherwise cause harm to the Site, or to any of its associated Materials and Services, its system resources, passwords, servers, or networks connected to or accessible on or through the Site
- Not to create a false identity
- Not to allow another person or entity to use your personal CBI-SMART account, password, service or system without express written authorisation from A&DC
- Not to use or try to use another person's or entity's account, password, service, or system without express written authorisation from A&DC
- No to intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law
- Not to post on or otherwise transmit through the Site any explicit or obscene language; language which infringes anyone else’s intellectual property rights; discussions of illegal topics; personal attacks on other individuals; personal information about any minors; or other information that A&DC, in its sole discretion, deems to be inappropriate for the Site
4. Site User Content and Communications Although it is not our intention to do so, A&DC reserves the right, at its sole discretion, to review your communications, although it is not our responsibility to monitor your communications, and delete or remove user content from the Site and to restrict, suspend, or terminate your access to all or parts of this Site, at any time (including, without limitation, our good faith belief that you have not complied with these Terms of Use) without prior notice or liability. To the maximum extent permitted by law, A&DC will have no liability relating to user content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. 5. User Registration and Responsibilities Where use of the Site or certain Services of the Site requires user registration (e.g. to purchase our CBI-SMART Materials), you will be asked to provide certain registration information (the "Registration Data"). In registering to use the Site, including all Services and Materials available on or through it, you agree to: - Provide accurate, complete and up-to-date information about yourself as required on the Registration Form
- Maintain your Registration Data reasonably to keep it accurate, up-to-date and complete
- Protect your CBI-SMART User Identity and Password and not allow anyone else to use this information in order to download materials from CBI-SMART or create Interview Guides
- Ensure that anyone using Interview Guides that you have created using CBI-SMART Materials are able conduct Competency based Interviews in a competent and professional manner.
- Notify A&DC immediately if you believe that one of your contacts may be using CBI-SMART inappropriately or in breach of copyright.
- Inform A&DC if you change employer or any other registration details
You are responsible for maintaining the confidentiality of your Registration Data. You agree to notify A&DC immediately of any unauthorised activity using your Registration Data or if you suspect that the confidentiality of your Registration Data has been breached. You must keep your login and password details strictly confidential and secure at all times - do not disclose them to anyone or allow anyone else to use them. A&DC cannot be held responsible for any use made of this Site and/or Materials as a result of you not keeping your login and/or password details secure and confidential. 6. Violation of Rules and Regulations A&DC reserves the right to seek all remedies available in law and equity for violations of all rules and regulations set out in this Site, including the right to block access from a particular Internet address to the Site. A&DC reserves the right, at its sole discretion, to terminate or suspend your use of the Site, terminate or suspend your account and refuse any current or future use of the Materials and Services if it believes in good faith that you have knowingly failed to comply with these Terms of Use . 7. Governing Law and General Provisions This Site is operated by A&DC from the United Kingdom. A&DC makes no representation that the information in the Site is appropriate or available for use in other locations, and access to the Site from territories where the contents of the Site may be illegal is prohibited. Those who choose to access this Site from other locations do so using their own initiative and are responsible for compliance with applicable local laws. Any claims relating to the information available on this Site will be governed by English law and the parties submit to the exclusive jurisdiction of the English Courts. You hereby consent to exclusive personal jurisdiction in the English courts with regard to any proceedings arising out of or related to these Terms of Use or your use of or access to this Site. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings in these Terms of Use are for reference purposes only and in no way define, limit, construe or describe the scope or extent of a paragraph or section. Our failure to act with respect to a breach by you or others does not waive our rights to act with respect to subsequent or similar breaches. These Terms of Use describe the entire understanding and agreement between us with respect to the subject matter hereof. A&DC retains the right to alter, adapt or otherwise change these Terms of Use from time to time by placing an updated version on this page. Reviewing this page regularly ensures that you are always aware of our Site policies. Your continued use of the Site, or any Materials or Services accessible on or through it, after such an updated version has been posted on this page, constitutes your acceptance of the changes and you should review them before making any further use of this Site or the Services. If you do not comply with these Terms of Use , your authorisation to use this Site will automatically end and any Materials that you may have downloaded or printed from it must be immediately destroyed. These Terms of Use apply to the entire contents of this World Wide Web Site under the domain name www.CBI-SMART.com. This Site is made available to you by The A&DC Group Ltd, 120 Church Street, Brighton, East Sussex, BN1 1AU; Registered Number is 5566781 and is © 2006 The A&DC Group Ltd. All rights reserved under international laws. Reproduction in whole or part without express written permission from A&DC except where mentioned above, in the Terms & Conditions of Business or under Copyright is prohibited. Version 1.0 1 June 2007 For other terms and conditions relating to this Site please see: Disclaimer This website at www.CBI-SMART.com (the "Site") is owned and operated by The A&DC Group Ltd ("A&DC"). References in this Disclaimer to "you", "your" or "yours" are to be taken as references to the Site user or visitor, except where stated or where the context requires otherwise. A&DC hereby grants you access to these pages on this Site, including all information, documents, communications, files, text, graphics and software available on or through the Site (collectively, the "Material" or "Materials") and all services operated by A&DC and third parties (the "Services") on or through the Site, conditional upon your agreement to accept the application of local, state, national and/or international law or any regulations having the force of law to govern matters between us in relation to this Site and you agree to indemnify us and not hold us liable for the result foreseeable of any actions you may take based on the information contained herein. 1. Disclaimer of Warranties In using this Site, and its Materials and Services, you expressly understand and agree that: - The Site, Materials and Services are provided on an "as is" and "as available" basis and that use of the Site, Materials and Services is entirely at your own risk
- A&DC disclaims all representations or warranties of any kind, whether express or implied, including, but not limited to the implied warranties or merchantability, fitness for a particular purpose and non-infringement so far as permitted by law
- A&DC makes no warranties regarding the quality, accuracy, reliability or availability of the Site or of any products, Materials or Services made available through the Site, unless specified in our Terms & Conditions of Business
- A&DC will not be liable for any indirect or consequential loss, or for any loss of business, time, profit, revenue, goodwill or data arising from your use of our Site or information on it
- Information from this Site does not constitute advice or a recommendation by A&DC and is not intended to be relied upon by you in making (or not making) any decisions, unless specified to the contrary. No information or advice obtained from our Site or its products and Services shall create any warranty
- A&DC accepts no liability for those unable to enter our Site (or any part of it) or those requiring information, Materials or Services thereof, nor do we guarantee that this Site will operate free from interruption, error or virus
- A&DC makes every reasonable effort to ensure that information on our Site is accurate, but we make no representations and give no warranty that any information is accurate, up to date or complete. We provide no liability for loss or damage caused by inaccurate information or by the manner in which that information is used by others. If you do find any inaccurate information on our Site, we would appreciate you contacting us by email at cbi-smart@adcltd.co.uk
- A&DC is neither responsible for, nor necessarily endorses, the content of external websites linked to or from this Site
2. Limitation of Liability To the extent not prohibited by applicable law, A&DC is not liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for all loss of profits, revenue, goodwill, data, electronically transmitted orders or other economic advantage (even if A&DC has been advised of the possibility of such damages), however caused and regardless of the theory of liability, whether in contract (including fundamental breach), tort (including negligence) statute or otherwise, arising out of, or related to: - Use of the Services
- Inability to access the Site, Materials and Services
- The cost of purchasing substitute Materials and Services purchased or obtained or messages received or transactions entered into though or from the Site
- Unauthorised access to or alteration of your transmissions or personal data
- Conduct in any form of any third party on the Services or Site
- Any other matter relating to the Services and Materials, including content you may download, use, modify or distribute from the Site
Nothing in these Conditions shall limit our liability for: - Loss or damage for death or personal injury caused by our negligence
- Any fraudulent misrepresentation made by us or those under our control
If you are using this Site as a consumer then nothing in these Conditions shall in any way limit your statutory rights. A&DC makes every effort to check and test Material at all stages of production. It is always wise for you to run an anti-virus program on all Material downloaded from the Internet. We cannot accept any responsibility for any loss, disruption or damage to your data or your computer system, which may occur whilst using Material derived from this Site. Any damage to your computer or loss of data that results from the use of our Site or from the download of any Material will be your responsibility and is undertaken at your own discretion. You agree to indemnify A&DC and hold us and our subsidiaries, affiliates, officers, directors, agents and employees, harmless from any liability for any claims, demands and expenses, including reasonable lawyers’ fees, made by any third party due to or arising out of your use of this Site, breach of our Terms of Use , or your violation of any law or the rights of a third party or arising out of any Materials submitted by you, whether in contract (including fundamental breach), tort (including negligence) or otherwise except where A&DC is prevented by law from making such exclusions or limitations. A&DC retains the right to change this Disclaimer by placing an updated version on this page. Reviewing this page regularly ensures that you are always aware of our Site policies. Your continued use of the Site, or any Materials or Services accessible through it, after such an updated version has been posted on this page constitutes your acceptance of the changes. Version 1.0 1 June 2007 Copyright This website at www.CBI-SMART.com (the "Site") is owned and operated by The A&DC Group Ltd ("A&DC"). References in this Copyright section to "you", "your" or "yours" are to be taken as references to the Site user or visitor, except where stated or where the context requires otherwise. 1. Intellectual Property A&DC hereby grants you access to these pages on this Site, including all information, documents, communications, files, text, graphics and software available on or through the Site (collectively, the "Material" or "Materials") and all services operated by A&DC and third parties (the "Services") on or through the Site, conditional upon your agreement to accept the application of local, state, national and/or international law or any regulations having the force of law to govern matters between us in relation to this Site (please refer to the Terms of Use ). This Site and all content contained herein, including Materials and Services, are proprietary to, and are the sole property of A&DC or its licensors. All title to the Site and the information and ideas contained herein, and all rights in any copyrights, Trade Marks, trade secrets, trade names, patents and other intellectual property rights in or in connection with the Site (including but not limited to any images, photographs, animations, video, music, text, and 'applets' incorporated therein) are and will remain the property of A&DC or its licensors. This Site is protected by international copyright and other proprietary rights laws. You may not copy, modify, reproduce, perform, display, distribute or create derivative versions of: (a) the content of this Site, other than as expressly permitted in the Terms of Use or Terms & Conditions of Business, (b) the design or layout of the Site or individual sections of the design or layout of the Site, or (c) the A&DC trademarks and logos, without A&DC's prior written permission. 2. Trade Marks The following list contains Trade Marks and registered Trade Marks of The A&DC Group Ltd. Please note that some of these Trade Marks and registered Trade Marks have foreign status. For further information, please contact us by email at cbi-smart@adcltd.co.uk. - A&DC®
- AC-EXS®
- AC-EXSTM
- CBI-SMART ™
- All other business, trading and domain names used by The A&DC Group Ltd in its business
3. Material in our Site As a Registered User you are welcome to download, print and photocopy Interview Guides you have created. All other copying whether in electronic, hard copy or other format is prohibited and all other rights reserved. You may view the contents of this Site for information purposes only. Apart from the Interview Guides you have created, you may not make any profit from the use of other CBI-SMART Materials and you may not copy, frame, republish, disseminate, download for commercial advantage, upload, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sub-license, reverse engineer, or create derivative works based on this Site, its content, products, Materials or Services. In addition, you agree not to use any data mining, robots, or similar data extraction methods within the A&DC Site. 4. Links to our Site You may not use any meta-tags or hidden text in your own sites which include the A&DC name, abbreviated or in full, or of any A&DC registered graphics, names or trademarks. This Site is made available to you by The A&DC Group Ltd, 120 Church Street, Brighton, East Sussex, BN1 1AU; Registered Number is 5566781 and is © 2006 The A&DC Group Ltd. All rights reserved under the Universal Copyright Conventions and all applicable state, national and international laws. Reproduction in whole or part without express written permission from A&DC except where mentioned above, in the Terms of Use or Terms & Conditions of Business is prohibited. A&DC retains the right to change this Copyright information by placing an updated version on this page. Reviewing this page regularly ensures that you are always aware of our Site policies. Your continued use of the Site, or any Materials or Services accessible through it, after such an updated version has been posted on this page constitutes your acceptance of the changes. Version 1.0 1 June 2007 For other terms and conditions relating to this Site please see: Click here to access our Privacy Policy. We reserve the right to amend these Terms & Conditions from time to time without notice and at our discretion. It is your responsibility periodically to review these pages for updates to these Terms & Conditions, which shall come into effect once posted. Your continued use of the Site will be deemed acceptance of these Terms & Conditions, including our Privacy Statement. IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS PLEASE LEAVE THE SITE NOW.
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