Terms and Conditions Terms of Use Copyright Statement Privacy Policy Disclaimer
These terms apply to all sales of A&DC Assessment and Development Centre Exercises (AC-EXS), unless we agree otherwise in writing. Please read them carefully before confirming your order.
1. General
1.1 “A&DC”, “we”, “us”, “our” means Assessment & Development Consultants Limited, whose registered address is at 1-3 Ship Street, Shoreham-by-Sea, West Sussex, BN43 5DH and whose Registered Number is 2202841;
1.2 “Client”, “Clients”, “you”, “your” means the company, organisation, business, individual or any other person (legal or natural) purchasing Assessment and Development Centre Exercises (AC-EXS) as defined below;
1.3 “AC-EXS” means Assessment and Development Centre Exercises created by or for A&DC, including but not limited to the Guide For Assessor (“GFA”) and Instructions For Participant (“IFP”), and including customised works, whether written or in the form of a video or software program or in any other medium;
1.4 “Services” or “Service” means any service we have agreed to supply to you;
1.5 "Registered User" or “Registered Users” means an individual who is registered with A&DC as qualified to purchase and use AC-EXS and who has a valid registration number issued by us;
1.6 “AC-EXS Administrator” or “AC-EXS Administrators” means a person who is nominated by a Registered User to administer all or some of the AC-EXS under the supervision of a Registered User employed in the same organisation, or another organisation if agreed in writing by us;
1.7 “Participant” or “Participants” means the individual who engages in completing the AC-EXS for the purposes that are published from time to time;
1.8 “Website” or “Websites” means the websites at http://www.ac-exs.com/ and http://www.adc.uk.com/, which are owned and operated by The A&DC Group Ltd, whose registered address is at 1-3 Ship Street, Shoreham-by-Sea, West Sussex, BN43 5DH and whose Registered Number is 5566781;
1.9 “Contract” means any contract for us to supply you with our AC-EXS or Services, incorporating these terms;
1.10 References to the masculine include feminine and vice versa unless the context requires otherwise;
1.11 The headings in these Terms and Conditions are for convenience, and do not affect their interpretation.
2. Basis of Contract
2.1 Entire Agreement The Contract constitutes the entire agreement between the parties and supersedes all prior and contemporaneous communications, understandings and agreements relating to its subject matter, whether electronic, oral or written, and may not be modified except by an instrument in writing signed by the duly authorised representatives of the parties.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms and Conditions.
2.2 Changes From time to time, we may change our AC-EXS or Service offerings and prices. We also reserve the right, at our sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, at any time. In such events, we will give you reasonable notice of the changes and these shall be deemed to have been accepted by you and will be effective 30 days from the date of notice for all subsequent orders unless we agree otherwise in writing.
2.3 Offer & Acceptance Any order placed by you will be deemed to be an offer by you to purchase our AC-EXS and/or Services subject to these Terms and Conditions. No order placed by you will be deemed accepted by us until:
• If requested by us you provide either a written confirmation of the order or an official purchase order, or if earlier; • We deliver our AC-EXS and/or Services to you.
A quotation that we provide for our AC-EXS and Services will be valid for a period of 60 days from its issue date unless we state otherwise or withdraw it.
2.4 AC-EXS and Services Description The descriptions of our AC-EXS and Services are provided in our marketing literature, proposal, price list (if applicable), or written confirmation of order. We will take all reasonable care to ensure that all details, descriptions and prices of AC-EXS and Services appearing in our marketing literature, proposal, written confirmation of order, or on our Websites are correct at the time when the relevant information was generated by us.
Although we aim to keep our Websites as up to date as possible, the information appearing on our Websites at a particular time may not always reflect the position exactly at the moment you place an order. If our AC-EXS or Services do not conform to those specified in the Contract, you must notify us in writing within 15 days, failing which you will be deemed to have accepted them as being in accordance with the Contract and must pay the full agreed price.
Where the AC-EXS ordered include computer software, then the Client accepts that it is entitled to use the software only in accordance with our software licence, a copy of which is provided with such software.
2.5 Customised AC-EXS and Services If required, AC-EXS and Services can be customised to suit your needs. Customisation options are described in our marketing literature and/or on our Website. When we agree the nature and price of customised work with you, this will be specified in our proposal or written confirmation of order.
2.6 Consultants In the interests of providing quality assurance and developing long-term partnerships, we always strive to provide continuity of Services from A&DC employees and associates (collectively “Consultant” or “Consultants”). However, we cannot guarantee that a particular Consultant will carry out the Services as unforeseeable circumstances (eg illness) may prevail.
2.7 Delivery Date Where appropriate, we will specify the delivery date for our AC-EXS and Services in our proposal or written confirmation of order. A&DC will normally dispatch AC-EXS within 2 working days of receipt of an order, subject to availability and to clause 4. Orders received after 4:00pm UK time may not be processed until the next working day.
3. Using the AC-EXS and Services
3.1 Registration We seek to uphold the guidelines established by the British Psychological Society (and other appropriate bodies outside the UK) on the sale and use of our AC-EXS and Services. Therefore, purchases of our AC-EXS and Services must be authorised by an identified Registered User who is registered with us and whose experience and qualifications meet our registration criteria. If a person wants to become a Registered User but does not meet our registration criteria, they will need to successfully complete appropriate training provided or endorsed by us, details of which are set out on our Websites.
Registered Users are authorised by us to carry out the following “Tasks”:
(a) Purchase, or authorise the purchase, of our AC-EXS;
(b) Administer our AC-EXS to Participants, either directly or by supervising an AC-EXS Administrator.
You are responsible for ensuring that all parties who authorise the purchase of our AC-EXS and Services and carry out the Tasks are Registered Users approved by us. You are also responsible for ensuring that anyone who invites Participants to complete our AC-EXS and/or performs administrative functions in relation to the co-ordination of AC-EXS assessments is an AC-EXS Administrator under the supervision of and authorised by a Registered User. This clause cannot be varied unless we have agreed otherwise in writing. 3.2 Ordering All written orders must state the name and registration number of the Registered User, and be signed by the Registered User unless agreed otherwise in writing between us. An order may be refused if A&DC has reasonable grounds to believe that it has not been placed by a bona fide Registered User. Registered Users should notify us of any change of employer or address as soon as reasonably possible, and re-register on change of employer.
If no Registered User remains in your organisation or within the organisation to which you are providing our AC-EXS and Services, you must cease using the AC-EXS and Services until a new Registered User is approved by us. Where for whatever reason the Client has no Registered User, we reserve the right to re-possess all AC-EXS and hold them until a qualified replacement has been registered by us.
3.3 Reasonable Assistance You shall provide all reasonable assistance to us as is necessary for our delivery of our AC-EXS and Services to you. We shall have no liability to you where any failure or delay in the delivery of our AC-EXS and Services is the result of your act, omission or delay in providing such assistance.
3.4 Professional and Ethical Standards AC-EXS are supplied on the condition that they will be used by the Client in the manner for which they were designed in accordance with A&DC instructions and advice and appropriate professional and ethical standards. A&DC reserves the right to withhold AC-EXS from those who violate such standards or breach any of these Terms and Conditions and/or to cancel the registration of Registered Users who are guilty of non-compliance.
3.5 Security Registered Users are responsible for protecting and maintaining as confidential any user name and number/password assigned to them. You must notify us of any actual or anticipated unauthorised access to or use of our AC-EXS and Services as soon as you become aware of this. The Client shall not, and shall ensure that the Registered User or AC-EXS Administrator shall not, license, lend, exchange, give or otherwise dispose of the AC-EXS and Services to third parties or act as agent, distribution channel or stockist of the AC-EXS and Services without our express permission, other than providing them to Participants in order for those Participants to be assessed under the Registered User’s regulation. In the event that the Client is not also the Registered User, the Client shall ensure that the Registered User complies with the obligations set out in clauses 3.1 to 3.5 as if the Registered User were the Client.
4. Price and Payment
4.1 Price Unless otherwise stated, the price payable for our AC-EXS and Services will be the price as set out in our latest price list (if applicable) or our proposal or written confirmation of order to you. VAT or other taxes will be added to the price where applicable. Prices are exclusive of handling and carriage, both of which could be subject to amendment.
A&DC accepts payment in £ 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. In respect of AC-EXS, all orders must be paid for in advance unless the Client has an authorised account. Under normal circumstances authorised accounts (with a line of credit) are only offered to established and major corporate Clients (subject to credit approval).
4.2 Payment A&DC invoices are submitted at least monthly in arrears unless agreed otherwise. Payment is due 30 days from date of invoice and A&DC reserves the right to charge interest at the rate of 3% over the prevailing Bank of England base lending rate on the invoice price from the due date until the date A&DC is in receipt of funds. A&DC reserves the right to ask for prepayment on small orders or where the account is in arrears.
Expenses for travel, accommodation, subsistence, materials printing, conference hire and any other items will be re-charged to the Client at the rates set out in our proposal or written confirmation of order and invoiced as per this clause 4.2. Car travel will be charged at our prevailing rate (available on request).
It is a condition of sale that ownership of AC-EXS shall not pass to the Client until A&DC has received cleared funds.
4.3 Refunds Orders cancelled after confirmation will not be refunded other than for our default under Warranty.
4.4 Divisibility When it is agreed between us that our AC-EXS and Services are to be delivered by instalments, each delivery shall be deemed for such purpose to be the subject of a separate contract and shall be invoiced separately. Any invoice for a delivery shall be payable in full in accordance with the terms of payment provided for herein, without reference to and notwithstanding any defect of default in delivery of any other instalment.
4.5 Consultant Charges Our Consultant charges are based on the time spent on a project, and we define a Consultant Day as being a maximum of 8 hours during normal working hours (excluding travelling time). If evening, weekend, public holiday work or overseas travel is involved, higher rates may apply.
5. Warranty
A&DC has an excellent reputation established over many years for providing high quality AC-EXS and Services. If you establish to our reasonable satisfaction that our AC-EXS are defective or that our Services have not been delivered with due care and attention, then we shall at our sole discretion:
(a) Repair or amend the AC-EXS at our expense; (b) Replace the AC-EXS or re-perform the Services at our expense; (c) Refund you for the AC-EXS and Services provided in whole or part (“Warranty”).
Our liability arising under or as a result of the provision or use of the AC-EXS and Services, whether in contract, tort, breach of statutory duty or otherwise, will not exceed the price paid by you for such AC-EXS and Services and their delivery. The performance of any one of the above options shall constitute an entire discharge of our liability under this Warranty.
Any condition, representation or warranty that might otherwise be implied or incorporated within these Terms and Conditions by reason of statute or common law or otherwise is hereby expressly excluded to the fullest extent permitted by law.
5.1 Claims under Warranty For our Warranty to apply, all claims by you must be made in writing to A&DC, quoting the invoice and customer account numbers:
• Within 7 days of the time when you discover or should have discovered the defect and in any event within 1 month of the delivery of our AC-EXS; • Within 1 month of performance of Services.
Our Warranty does not apply:
(a) To defects caused through wilful damage, accident, misuse, neglecting to provide reasonable and necessary maintenance, failure to follow our instructions and any alteration or repair carried out without our approval; (b) If the total price for our AC-EXS or Services has not been paid by the due date; (c) If the Client continues to make any further use of our AC-EXS and Services after giving notice in accordance with this clause.
Where AC-EXS are returned to A&DC by you without our prior authorisation and for reasons that are not covered by our Warranty, we reserve the right to charge a handling fee on any AC-EXS subsequently returned to you.
6. Liability
Nothing in these Terms and Conditions will exclude or limit A&DC’s liability for death or personal injury, or for any fraud on A&DC’s part, or for any liability that cannot be excluded by law. A&DC will not be liable for any indirect or consequential loss, loss of business, profit, revenue, data or goodwill, or for lost or wasted management time or the lost time of other employees, or any losses arising as a result of any third party bringing a claim in respect of any nature whatsoever arising from the Client's use of the AC-EXS or Services (whether direct or indirect).
Our AC-EXS are intended only to help you determine the capability or competency of potential and/or existing employees. A&DC is not responsible for any employment decision made by you or for any other decision made by you connected with your use of our AC-EXS or Services. All assessment reports prepared by us represent opinions based on AC-EXS results and 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 our AC-EXS or Services or associated procedures.
7. Termination
Either party may terminate the Contract for provision of the AC-EXS and Services immediately by notice in writing if:
(a) The other is in irremediable breach of its obligations or, in the case of a remediable breach, such breach has not been remedied within 30 days of receipt by the breaching party of a notice from the other party specifying the breach and requiring its remedy; or (b) The other enters into voluntary or compulsory liquidation, or compounds with or convenes a meeting of its creditors, or has a receiver or manager or an administrator appointed over any part of its assets, or ceases for any reason to carry on business, or takes or suffers any analogous action which in the opinion of A&DC means that the Client may not be able to pay its debts; or (c) With 30 days prior written notice after the expiry of any agreed minimum term.
The termination of this Contract shall be without prejudice to the rights and remedies of either party which may have accrued up to the date of termination. Any expiry or termination of this Contract (for whatever reason) shall not affect the coming into force or the continuance in force of any provision of this Contract which is expressly or by implication intended to come into or continue in force on or after such termination.
7.1 Effect of Termination Upon termination of this Contract for any reason whatsoever:
(a) The relationship of the parties shall cease and any rights or licences granted under or pursuant to this Contract shall cease to have effect save as (and to the extent) expressly provided for in this clause 7.1; (b) Any provision which expressly or by implication is intended to come into or remain in force on or after termination shall continue in full force and effect; (c) The Client shall promptly return to A&DC or dispose of in accordance with our instructions all confidential information and other data and documents and copies thereof disclosed or supplied to the Client pursuant to or in relation to this Contract and shall certify in writing to us when the same has been completed; (d) All sums owing pursuant to the Contract shall become due.
8. Intellectual Property Rights (IPR)
THIS CLAUSE 8 RELATING TO A&DC INTELLECTUAL PROPERTY SHALL BE OF THE ESSENCE OF THIS CONTRACT. BREACH OF CLAUSE 8 GIVES A&DC THE RIGHT TO TERMINATE THIS CONTRACT WITH IMMEDIATE EFFECT.
The AC-EXS and Services and/or intellectual property created by A&DC in the course of the performance of our Services or the Contract or otherwise, are proprietary to, and are the sole property of, A&DC.
“Intellectual property” means any and all intellectual property rights of any nature including patents, rights to inventions, utility models, copyright and related rights, future copyright, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, registered designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how, trade secrets and business methods) and any other intellectual property rights, in each case whether in existence now or coming into existence in the future, registered or unregistered and including all applications for and renewals or extensions of such rights, rights to apply for registration, and all similar or equivalent rights or forms of protection in any part of the world.
8.1 IPR and Use When you complete your purchase of our AC-EXS and Services we grant you a non-transferable, non-exclusive licence to use our AC-EXS and Services only in the country where your business is registered (unless agreed otherwise by us in writing) and subject always to these Terms and Conditions. You shall not publish or circulate the AC-EXS and Services outside of your organisation or for purposes not specified and agreed in writing between A&DC and the Client, or re-sell them to any third party without our express permission. You agree that you will administer our AC-EXS and Services in compliance with all relevant laws and our instructions. You will 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 the AC-EXS or Services unless we agree in writing otherwise.
8.2 IPR in Customised Materials and Services IPR in any customised (“Bespoke”) AC-EXS and Services that are specifically developed or created for the Client will be vested in the Client, save that we will retain ownership of any proprietary pre-existing AC-EXS and Services which become embedded in such Bespoke AC-EXS and Services. The Client shall have a free and irrevocable licence to make use of any such Bespoke AC-EXS and Services for their own purposes subject to prior written agreement between A&DC and the Client and on the condition that A&DC’s invoices for related development and creative work have been paid in full.
8.3 Reproducing and Copying AC-EXS The Client shall not reproduce or copy or vary or adapt the AC-EXS or a substantial part of them by any means or in any way whatsoever, or enter the same into any kind of information retrieval system including any form of computer system. 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.
8.4 Re-using AC-EXS The Client shall not re-use those elements of our AC-EXS that are designated for ‘one-time use only’. Elements of AC-EXS which are not to be re-used are those that relate to individual Participants and include ‘Instructions For Participant’, ‘Participant Report Form’, ‘Roleplayer Report Form’ and ‘Assessor Report Form’. If you are unsure of your rights in respect of any particular item you should contact A&DC. You are also advised to read ‘Copyright and the AC-EXS Registered User’.
8.5 AC-EXS Trademark The Client acknowledges that the AC-EXS® trademark is the property of A&DC and use of the trademark by the Client will at all times be in keeping with and will seek to maintain its distinctiveness and reputation as determined by A&DC. The Client will not use the trademark in any way that would bring the reputation of A&DC into disrepute.
Any goodwill in the trademark arising as a result of the purchase or use of AC-EXS by the Client shall accrue to or is hereby assigned to A&DC.
The Client will not use any mark or name confusingly similar to the AC-EXS trademark in respect of goods similar to the AC-EXS and will not use the AC-EXS trademark on any goods or services other than our AC-EXS. The Client will not use the AC-EXS trademark as part of any corporate business or trading name of the Client.
9. Non- solicitation
The parties agree that during the term of the Contract neither shall seek to recruit staff or personnel employed or otherwise engaged by the other party by any means other than by proper placement of advertisements in the normal course of the recruiting party’s business, unless agreed otherwise in writing between us. In the event that either party breaches this condition, the defaulting party shall pay to the affected party all unavoidable and reasonable costs incurred by the affected party including but not limited to a sum equal to the gross salary of the employee or the consultant due under any relevant notice period.
10. Confidentiality
"Confidential information" means the information provided under the Contract, any secret or confidential commercial, financial, marketing, technical or other information, know-how, trade secrets and other information in any form or medium whether disclosed orally or in writing before or after the date of this Contract, together with any reproductions of such information in any form or medium or any part(s) of this information (and "confidential" means that the information, either in its entirety or in the precise configuration or assembly of its components, is not publicly available).
Neither party shall use or disclose to a third party any information concerning this Contract or the business of the other party without the prior written consent of the other party, unless ordered to make such a disclosure by a competent court of law or other empowered tribunal or authority or unless otherwise required to do so by law. Each party will ensure that its employees, sub-contractors and agents are bound by this clause, which shall not restrict the use of information lawfully in the public domain.
10.1 Data Protection The Client shall comply with the Data Protection Act 1998 in relation to the use of AC-EXS and 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 this Contract and the effective use of the AC-EXS.
11. Notice
Any notice given under or pursuant to the Contract may be sent by any means resulting in the receipt of a written communication in permanent form and, if so sent to the registered address of the party or such other address as a party may have given for this purpose, shall be deemed received on the day when in the ordinary course of the means of dispatch it would first be received by the addressee in normal business hours.
12. Severability/Waiver
If any provision of this Contract is declared unlawful, void, or unenforceable, then that provision shall be limited to the extent enforceable, or otherwise severed, and will not affect the validity and enforceability of the remaining provisions. No waiver of any contractual right will be effective unless in writing by an authorised representative of the waiving party. No waiver of a contractual right will be deemed a waiver of any future right.
13. Assignment
Neither party shall assign, sub-let, or transfer this Contract in whole or in part to any third party without the other party’s written consent, which shall not be unreasonably withheld or delayed. We may, however, sub-contract our duties to our group subsidiary companies, approved agents, partners, associates or qualified subcontractors but we will remain at all times responsible to you for their performance.
14. Relationship
Nothing in this Contract shall be deemed to create a partnership or joint venture or contract of employment of any kind between the parties nor shall it be deemed to grant any authority not expressly set out in the Contract or create any agency between the parties.
15. Force Majeure
Neither party will be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under this Contract that is caused by or arising out of any strike by employees, lock-up, trade dispute, enemy action, act of terrorism, rioting, civil commotion/disturbance, fire, force majeure, act of God or other similar contingency beyond the control of either of them.
16. General
Clients will not use AC-EXS in any way that might bring the reputation of A&DC or the AC-EXS trademark into disrepute. If a Client does something to bring A&DC or the AC-EXS trademark into disrepute A&DC reserves the right to withdraw our AC-EXS and Services and repossess any AC-EXS previously distributed.
A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any of these Terms and Conditions. This shall not affect any right or remedy of a third party that exists or is available apart from that Act.
The rights and remedies of a party under this Contract do not exclude any other right or remedy provided by law.
Except as expressly provided in these Terms and Conditions, no provision of these Terms and Conditions shall confer any right on any third party. To the fullest extent permitted by applicable law, the parties hereby exclude any such right (including any such right arising under statute).
17. Law/Jurisdiction
The construction, interpretation and performance of this Contract shall be governed by the Laws of England and the jurisdiction of the English Courts. All disputes concerning this Contract shall be resolved by the parties. Failing such agreement, any outstanding dispute or difference shall be resolved by the Courts of England and Wales.
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1.0 Overview
The A&DC Group Limited (hereafter known as "A&DC") hereby grants you authorised access to the pages on this Website, including all products, surveys, questionnaires, information, documents, communications, files, text, graphics and software available on or through the Website (collectively, the "Material" or "Materials") and all services operated by A&DC and third parties (the "Services") on or through the Website, 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 Website. This Website is protected by international copyright and other proprietary rights laws. Access to the Website, 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 Website in any way, including, without limitation, use of any of the Materials and Services, or merely browsing the Website, you agree to and are bound by these Terms of Use.
By using this Website, including all or some of the Materials and Services made available through it, you agree to adhere to the conditions set out under our Copyright Statement, Disclaimer and Privacy Policy. If you purchase all or some of the Materials and Services, then that purchase is subject to our Terms and Conditions.
IF YOU DO NOT AGREE TO THESE CONDITIONS, PLEASE DO NOT USE THIS WEBSITE.
This legal notice covers the Materials and Services provided by the A&DC Website: http://www.ac-exs.com/. This Website is owned and operated by A&DC, whose registered address is at 1-3 Ship Street, Shoreham-by-Sea, West Sussex, BN43 5DH and whose Registered Number is 5566781.
This legal notice applies to the entire contents of this Website and to any correspondence between A&DC, its associated companies and approved agents (collectively "us", "we" or “our”), and you. References in these Terms of Use to "you", "your" or "yours" are to be taken as references to the Website user or visitor, except where stated or where the context requires otherwise.
The headings in these Terms of Use are for convenience, and do not affect their interpretation.
2.0 Intellectual Property
This Website and all content contained herein, including the Materials and Services and/or intellectual property created by A&DC in the course of the performance of our Services or the Contract or otherwise, are proprietary to, and are the sole property of, A&DC.
“Intellectual property” means any and all intellectual property rights of any nature including patents, rights to inventions, utility models, copyright and related rights, future copyright, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, registered designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how, trade secrets and business methods) and any other intellectual property rights (including but not limited to any images, photographs, animations, video, music, text, and 'applets' incorporated therein), in each case whether in existence now or coming into existence in the future, registered or unregistered and including all applications for and renewals or extensions of such rights, rights to apply for registration, and all similar or equivalent rights or forms of protection in any part of the world.
You may not copy, modify, reproduce, perform, display, distribute or create derivative versions of: (a) the content of this Website, other than as expressly permitted in these Terms of Use, our Terms and Conditions or under Copyright, (b) the design or layout of the Website or individual sections of the design or layout of the Website or (c) the A&DC trademarks and logos, without A&DC’s prior written permission.
3.0 User Conduct
In using the Website, including all Services and Materials available through it, you agree to comply with the following rules of conduct:
(a) Not to post, download for commercial gain, upload, or otherwise transmit any viruses or other harmful, disruptive or destructive files on or through the Website; (b) Not to interfere with the security of, or disrupt or otherwise cause harm to the Website, or to any of its associated Materials and Services, its system resources, passwords, servers, or networks connected to or accessible on or through the Website;
(c) Not to create a false identity;
(d) Not to use or try to use another person's or entity's account, identity, password, service, or system without express authorisation from A&DC;
(e) Not to intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
(f) Not to post on or otherwise transmit through the Website 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 Website. 4.0 User Registration
Where use of the Website or the Materials and Services made available through it requires user registration, you will be asked to provide certain registration information (the "Registration Data”). In completing the registration process, you agree to:
(a) Provide accurate, complete and up-to-date information about yourself as required on the registration form;
(b) Maintain your Registration Data reasonably to keep it accurate, up-to-date and complete. 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 user name and number/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 Website and/or the Materials and Services as a result of you not keeping your user name and number/password details secure and confidential.
5.0 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 Website, including the right to block access from a particular Internet address to the Website. A&DC reserves the right, at its sole discretion, to terminate or suspend your use of the Website, 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.
6.0 Website Operation
This Website is operated by The A&DC Group from the United Kingdom. A&DC makes no representation that the information in the Website is appropriate or available for use in other locations, and access to the Website from territories where the contents of the Website may be illegal is prohibited. Those who choose to access this Website from other locations do so using their own initiative and are responsible for compliance with applicable local laws.
7.0 Severability/Waiver
If any provision of these Terms of Use is declared unlawful, void, or unenforceable, then that provision shall be limited to the extent enforceable, or otherwise severed, and will not affect the validity and enforceability of the remaining provisions. 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.
8.0 Entire Agreement
These Terms of Use, together with our Terms and Conditions, Disclaimer, Copyright Statement and Privacy Policy constitutes the entire agreement between you and us in relation to your use of our Website, Materials and Services, and supersedes all previous agreements in respect of your use of our Website, Materials and Services.
9.0 Law/Jurisdiction
These Terms of Use will be governed by and construed in accordance with English law, and any disputes relating to these Terms of Use will be subject to the non-exclusive jurisdiction of the Courts of England and Wales.
10.0 Changes to these Terms of Use
A&DC retains the right to change these Terms of Use by placing an updated version on this page. Reviewing this page regularly ensures that you are always aware of our Website policies. Your continued use of the Website, 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.
The A&DC Group Limited (hereafter known as "A&DC") hereby grants you authorised access to the pages on this Website, including all products, surveys, questionnaires, information, documents, communications, files, text, graphics and software available on or through the Website (collectively, the "Material" or "Materials") and all services operated by A&DC and third parties (the "Services") on or through the Website, 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 Website.
By using this Website, including all or some of the Materials and Services made available through it, you agree to adhere to the conditions set out under our Disclaimer, Terms of Use and Privacy Policy. If you purchase all or some of the Materials and Services, then that purchase is subject to our Terms and Conditions.
This legal notice applies to the entire contents of this Website and to any correspondence between A&DC, its associated companies and approved agents (collectively "us", "we" or “our”), and you. References in this Copyright Statement to "you", "your" or "yours" are to be taken as references to the Website user or visitor, except where stated or where the context requires otherwise.
The headings in this Copyright Statement are for convenience, and do not affect their interpretation.
2.0 Intellectual Property Rights (IPR)
3.0 IPR and Use
A&DC hereby grants you access to this Website, where authorised and agreed by us, 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 Website. This Website is protected by international copyright and other proprietary rights laws.
Unless we have agreed otherwise in writing, you may not copy, modify, reproduce, perform, display, distribute or create derivative versions of:
(a) The content of this Website;
(b) The design or layout of the Website or individual sections of the design or layout of the Website; or
(c) The A&DC trademarks and logos.
You may view the contents of this Website for information purposes only. You may not, however, 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 Website, its content, Materials or Services unless we agree in writing otherwise. 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. In addition, you agree not to use any data mining, robots, or similar data extraction methods within the Website. You are welcome to copy written material such as case studies and news items for research, private study and for your personal, non-commercial use where such items are made available specifically for downloading from the Website. All other copying whether in electronic, hard copy or other format is prohibited and all other rights reserved. The permission to reproduce A&DC Material or Services does not extend to any Material or Services on this Website which are identified as being the copyright of a third party. Authorisation to reproduce such Material or Services must be obtained from the copyright holders concerned.
3.1 Copyright and the Registered User Please read the document Copyright and the AC-EXS Registered User (67KB PDF) for comprehensive information on copyright protection and use of our AC-EXS® range of Assessment & Development Centre Exercises.
4.0 Trademarks
The following list contains trademarks and registered trademarks of The A&DC Group. Please note that some of these trademarks and registered trademarks have foreign status. For further information, please contact us by email at info@adc.uk.com.
• Graduate Dilemmas™ • Inbox Express™ • CBI-SMART™ • A&DC® • AC-EXS® • AC-EXS™ • The Inbox Collection™ • 360-Propel™ • All other business, trading and domain names used by The A&DC Group in its business
This Website is made available to you by The A&DC Group. All rights reserved under the Universal Copyright Conventions and all applicable state, national and international laws.
5.0 Severability/Waiver
If any provision of this Copyright Statement is declared unlawful, void, or unenforceable, then that provision shall be limited to the extent enforceable, or otherwise severed, and will not affect the validity and enforceability of the remaining provisions. 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.
6.0 Entire Agreement
This Copyright Statement, together with our Terms and Conditions, Terms of Use, Disclaimer and Privacy Policy constitutes the entire agreement between you and us in relation to your use of our Website, Materials and Services, and supersedes all previous agreements in respect of your use of our Website, Materials and Services.
7.0 Law/Jurisdiction
This Copyright Statement will be governed by and construed in accordance with English law, and any disputes relating to this Copyright Statement will be subject to the non-exclusive jurisdiction of the Courts of England and Wales.
8.0 Changes to this Copyright Statement
A&DC retains the right to change this Copyright Statement by placing an updated version on this page. Reviewing this page regularly ensures that you are always aware of our Website policies. Your continued use of the Website, 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.
The A&DC Group Limited (hereafter known as "A&DC") hereby grants you authorised access to the pages on this Website, including all products, surveys, questionnaires, information, documents, communications, files, text, graphics and software available on or through the Website (collectively, the "Material" or "Materials") and all services operated by A&DC and third parties (the "Services") on or through the Website, 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 Website (please refer to the Terms of Use).
This legal notice covers the Materials and Services provided by the A&DC Website: http://www.ac-exs.com/. It describes how we collect, protect and use information we receive from visitors to this Website. This Website is owned and operated by A&DC, whose registered address is at 1-3 Ship Street, Shoreham-by-Sea, West Sussex, BN43 5DH and whose Registered Number is 5566781.
IMPORTANT LEGAL NOTICE
ATTENTION: This legal notice applies to the entire contents of this Website and to any correspondence between A&DC, its associated companies and approved agents (collectively "us", "we" or “our”), and you. References in this Privacy Policy to "you", "your" or "yours" are to be taken as references to the Website user or visitor, except where stated or where the context requires otherwise. The headings in this Privacy Policy are for convenience, and do not affect their interpretation.
Please read these terms carefully before using this Website or submitting your personal data to us. Using this Website or otherwise submitting your personal data to us or agreeing to submit your personal data to us indicates that you accept the terms of this Privacy Policy. Notwithstanding the provisions of this Privacy Policy a person using the Website or otherwise submitting data to us shall have no greater rights under this policy than the person would have under the applicable laws of their place of residence.
2.0 Privacy Policy
By registering with us or by submitting your personal data in any other way, you consent to the collection, use and transfer of your information under the terms of this Privacy Policy. However, if at any time you have any queries or concerns about our use of your personal information, please contact us. Our full contact details are at the end of this notice.
A&DC is committed to protecting your privacy and to ensuring that we handle any personal data with care, respect and in accordance with legal requirements. In order to do this, we have implemented a number of technical and organisational procedures, which safeguard everyone's interests.
This Website complies with the Safe Harbor principles and A&DC is registered with the ICO (the Information Commissioner's Office).
3.0 Information Collection and Use
When you visit our Website, we do not require you to disclose any personal information automatically. However, if you choose to ask us for certain information, register with us or notify us of a problem, we will then require specific personal information from you. By participating in these transactions, we may ask you for your name, email address, postal address, postcode, daytime and/or mobile phone number, as well as to create and/or maintain a registered user name and number/password.
When you give us any personal data on or through our Website, you are consenting to its capture for all or some of the following purposes:
• To enable you to purchase our Materials and Services. • To enable us to provide you with customer/technical support and a range of free resources. • To enable us to obtain your views about A&DC Materials and Services. • To enable us to complete occasional market surveys or academic research, in which you would have the option to participate in on a voluntary basis. • To enable us to mail information to you about A&DC Materials and Services (A&DC will give you the option to opt-in to receive A&DC emails or mailings for marketing or informational purposes).
We do not collect information about our visitors from other sources, such as public records or private organisations, or use personal data for any purpose other than those listed above. We will always ask you when we need information that personally identifies you or allows us to contact you. If we wish to use your personal data for a new purpose, we offer you the means to consent by indicating in a box at the point on the Website where personal data is collected.
Access to some Website areas, and certain Materials and Services, may require user registration where you will be required to provide certain additional information. In registering with us, you agree to provide and maintain within reason accurate and up-to-date information about yourself. You may, however, visit parts of our Website anonymously or download certain resources without registering. If you provide feedback on the A&DC Website, we will only use this information to develop and improve the Website.
The A&DC Group Limited is notified in the UK under the Data Protection Act (1998).
4.0 Information Disclosure
Your personal information will be used solely for the purpose of providing you with any Materials and Services you have purchased or requested; monitoring and improving the quality of our Materials and Services; or for publishing market surveys or academic research. The information you give will be used in accordance with relevant state, national and international legislation covering data protection and freedom of information.
A&DC will not disclose the information you provide to any third party for any other purpose other than those listed above without your prior written consent, unless we feel such disclosure is necessary or appropriate to (a) comply with a court order or other legal process; (b) protect our rights or property; (c) limit our potential legal liability; (d) enforce other policies that are part of this Website; or (e) comply with an audit request.
Your personal details will not be sold or traded to third parties. In the event of A&DC going through a merger, acquisition or partial sale of its assets, users’ personal information will, in most cases, be treated as part of the assets transferred. In our case, under these circumstances you would have the right to access and/or delete your personal information (see below).
5.0 Security
The security of your personal information is of great importance to us. A&DC has industry standard security measures designed to protect against the loss, misuse and/or alteration of the information under its control. These include:
• Secure computer storage facilities. • Use of firewalls and other measures to prevent others from accessing confidential data or accessing A&DC's internal networks that store confidential data.
All of our employees who have access to and are involved in the processing of personal data are required to respect the confidentiality of our visitors' data. Unfortunately, the transmission of information via the Internet is not completely secure, and we therefore cannot guarantee the security of your data transmitted to our Website; any transmission is at your own risk.
6.0 Website Usage Information
6.1 Cookies A cookie is a small file which is stored on your computer's hard disk when you visit a website and will typically record a user's preferences. Session cookies are used for remembering, temporarily, information about your current access to the Website. These cookies will be stored only for the duration of the browser session plus 30 minutes, and help to improve the speed of response whilst you access the Website. A cookie contains no personally identifiable information. You may refuse cookies by turning them off on your web browser at the expense of a slightly degraded service.
More information about cookies, including how to block them and/or delete them, can be found at http://www.cookiecentral.com/ and http://www.AboutCookies.org/. If you choose not to accept our cookies, some of the features of our Website may not work as well as we intend. 6.2 Log Files Like most website providers, we analyse server log files to collect statistical information about how our Website is used. This information, which includes browser type, Internet Service Provider (ISP), Internet Protocol (IP) and platform type, helps us to make improvements to the user-friendliness of the Website and resolve issues with its performance.
6.3 Browsers This Website has been tested in different web browsers including:
Microsoft Internet Explorer 6.0 and above Mozilla Firefox Version 2.0 and above Safari 3.0.4
6.4 Protection of Children’s Information We do not publish or collect data that is aimed at children.
6.5 Following links to other sites from the A&DC Website Our Website may contain links to other sites, mainly those of professional bodies that represent our industry, but also to those of other third parties including our international business partners. A&DC is not responsible for the privacy practices within any of these other sites. You should be aware of this when you leave the A&DC Website and we encourage you to read the privacy statements on other websites you visit.
6.6 User Submissions Please do not post confidential or proprietary information to our Website. Any material, information or any other communication you transmit or post to our Website will be considered non-confidential and non-proprietary and we will have no liability for it. A&DC and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the communications in all data, images, sound, text and other things embodied therein for any and all commercial or non-commercial purposes. Users of our Website are prohibited from posting or transmitting to or from this Website any unlawful, threatening, libellous, defamatory, obscene, pornographic or other material that would violate any law (please refer to the Terms of Use).
6.7 Retention and Storage of your Information We generally keep your personal details indefinitely for the purposes that we have mentioned above. However in certain circumstances we may destroy or delete any of your personal information that we hold. Please note that our policies on privacy will be overridden where we are required or permitted to disclose personal information under law or the terms of any court order.
7.0 Access to your Personal Information
You may contact A&DC if you would like to gain access to, or modify your personal information held by us to ensure that it is accurate and kept up-to-date. You can write to the address shown below. We will not charge for responding to such a request, unless we incur costs in providing the information, in which case we will communicate the fee in advance of providing the information.
Requests may be made in writing to: Privacy Officer Assessment & Development Consultants Ltd 3 Lammas Gate 82a Meadrow Godalming Surrey England GU7 3HT
Requests can be submitted to the above address by printing and completing a Personal Information Request Form (173KB PDF). This form will help you to give us all the necessary information to enable us to comply with your request. Alternatively, you can submit your request by email to: PrivacyOfficer@adc.uk.com.
Requests made by email must include all information from the Personal Information Request Form. The email request must be followed up with written proof of identity (see below). Please note that the period of forty days in which A&DC must respond to the request will not commence until we have received written proof of your identity.
Requests cannot be made by telephone or any other means. Proof of identity may be provided in the following forms:
• A paper copy of a bank statement or utility bill (e.g. gas or electricity). • A paper copy of your driving license, birth certificate, passport or benefits book.
Proof of identity should be signed and dated by you and sent to the address above with a stamped addressed envelope so that we can send you the information requested. Alternatively, at your request, we can email the information to you.
When we have processed your request, we will send you:
• Confirmation of whether A&DC is processing personal data about you. • A brief description of the data. • The purposes of processing the data. • An explanation of any codes or abbreviations we use to interpret the data. • If possible, information about the sources of the data.
We will respond to your request within forty days of receipt, or if later within forty days of receiving the fee (if required) and the information needed to verify your identity and locate the information you seek.
8.0 Complaints Resolution
We are committed to providing a fair and efficient process for handling and resolving complaints concerning the use of personal information. You have a right to complain and to have your complaint dealt with properly and in accordance with legal requirements. We believe that any complaint that we may receive is a valuable opportunity to improve our Materials and Services and to build customer loyalty to our brand.
If at any time you wish to make a complaint in respect of the processing, use or disclosure of your personal information by us, you may do so by contacting our Privacy Officer either by sending an email to PrivacyOfficer@adc.uk.com or at the address below. We aim to investigate and advise you of the outcome of the complaint promptly. If you are not satisfied with our response in any way, you may contact your local data protection registrar.
9.0 Severability/Waiver
If any provision of this Privacy Policy is declared unlawful, void, or unenforceable, then that provision shall be limited to the extent enforceable, or otherwise severed, and will not affect the validity and enforceability of the remaining provisions. 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.
10.0 Entire Agreement
This Privacy Policy, together with our Terms and Conditions, Terms of Use, Copyright Statement and Disclaimer constitutes the entire agreement between you and us in relation to your use of our Website, Materials and Services, and supersedes all previous agreements in respect of your use of our Website, Materials and Services.
11.0 Law/Jurisdiction
This Privacy Policy will be governed by and construed in accordance with English law, and any disputes relating to this Privacy Policy will be subject to the non-exclusive jurisdiction of the Courts of England and Wales.
12.0 Changes to this Privacy Policy
A&DC retains the right to change and amend this Privacy Policy by placing an updated version on this page. Reviewing this page regularly ensures that you are always aware of what information we collect, how we use it and under what circumstances, if any, we will share it with other parties. Your continued use of the Website, 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.
Questions regarding this statement should be directed by email to PrivacyOfficer@adc.uk.com. Alternatively, you may send questions in writing to:
Privacy Officer The A&DC Group Ltd 3 Lammas Gate 82a Meadrow Godalming Surrey England GU7 3HT
The A&DC Group Limited (hereafter known as "A&DC") hereby grants you authorised access to the pages on this Website, including all products, surveys, questionnaires, information, documents, communications, files, text, graphics and software available on or through the Website (collectively, the "Material" or "Materials") and all services operated by A&DC and third parties (the "Services") on or through the Website, 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 Website. This Website is protected by international copyright and other proprietary rights laws.
By using this Website, including all or some of the Materials and Services made available through it, you agree to adhere to the conditions set out under our Copyright Statement, Terms of Use and Privacy Policy. If you purchase all or some of the Materials and Services, then that purchase is subject to our Terms and Conditions.
This legal notice applies to the entire contents of this Website and to any correspondence between A&DC, its associated companies and approved agents (collectively "us", "we" or “our”), and you. References in this Disclaimer to "you", "your" or "yours" are to be taken as references to the Website user or visitor, except where stated or where the context requires otherwise.
The headings in this Disclaimer are for convenience, and do not affect their interpretation.
2.0 Disclaimer of Warranties
In using this Website, and its Materials and Services, you expressly understand and agree that:
(a) Where you have purchased Materials or Services, our liability is governed by our Terms and Conditions;
(b) The provision and performance of the Materials and Services is dependent on third party suppliers and service providers, including Internet service providers. Accordingly, we have no liability for the inability of anyone to access our Website, Materials or Services, and we do not warrant that our Website will operate without interruption. A&DC does not accept any responsibility for any loss, disruption or damage you may suffer resulting directly or indirectly from failures of performance on the part of our Internet service provider. A&DC’s liability shall be limited to exclude liability for any acts, omissions or negligence of third parties;
(c) We do not exclude or limit our liability for death or personal injury caused by our negligence or for any fraud on our part, or for any liability which cannot be excluded by law;
(d) Subject to Condition 2 (c), A&DC will not be liable for any indirect or consequential loss, loss of business, profit, revenue, data or goodwill, or for lost or wasted management time or the lost time of other employees, or any losses arising as a result of any third party bringing a claim in respect of any nature whatsoever arising from your use of the Materials, Services, Website or information on it (whether direct or indirect);
(e) Subject to Condition 2 (c), A&DC will not be liable for any indirect or consequential loss, or for any loss of business, profit, revenue, goodwill or data, lost or wasted management time or the lost time of other employees arising from your use of the Materials, Services, Website or information on it (whether direct or indirect);
(f) Except as expressly set out in our Terms and Conditions (which apply only in relation to any purchased Materials or Services) we exclude to the fullest extent permitted by law all warranties, representations, terms, conditions and undertakings, whether implied by statute, common law, custom, trade usage, course of dealing or otherwise (including any implied warranty, representation, term, condition or undertaking of satisfactory quality or fitness for a particular purpose); (g) The information on this Website is not intended to address your particular requirements; it does not constitute any form of advice or recommendation by A&DC and is not intended to be relied upon by you in making (or refraining from making) any decisions. Where appropriate you should take professional advice;
(h) The Website, Materials and Services are provided on an "as is" and "as available" basis and that use of the Website, Materials and Services is entirely at your own risk;
(i) A&DC makes every reasonable effort to ensure that information on our Website 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 Website, we would appreciate you contacting us by email at info@adc.uk.com;
(j) You 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 Website, breach of our Terms of Use and/or Terms and Conditions, or your violation of any law or the rights of a third party or arising out of any Materials or Services 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.
3.0 Severability/Waiver
If any provision of this Disclaimer is declared unlawful, void, or unenforceable, then that provision shall be limited to the extent enforceable, or otherwise severed, and will not affect the validity and enforceability of the remaining provisions. 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.
4.0 Entire Agreement
This Disclaimer, together with our Terms and Conditions, Terms of Use, Copyright Statement and Privacy Policy constitutes the entire agreement between you and us in relation to your use of our Website, Materials and Services, and supersedes all previous agreements in respect of your use of our Website, Materials and Services.
5.0 Law/Jurisdiction
This Disclaimer will be governed by and construed in accordance with English law, and any disputes relating to this Disclaimer will be subject to the non-exclusive jurisdiction of the Courts of England and Wales.
6.0 Changes to this Disclaimer
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 Website policies. Your continued use of the Website, 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.
