Introduction
Use of the website and services available at [www.skillsdevelopmentscotland.co.uk/myworldofwork] (“My World of Work”) and the services provided via third parties on My World of Work are conditional upon you accepting the following terms and conditions (the “Terms and Conditions”). Unless otherwise specified, your acceptance of the Terms and Conditions shall be indicated by your use of and/or registration with My World of Work. My World of Work is provided by Skills Development Scotland Co Limited, a company registered in Scotland with company number SC202659 and having its registered office at Alhambra House, 45 Waterloo Street, Glasgow G2 6HS (“we” or “us”).
These terms and conditions and our Privacy Policy, (together with the User Agreement) form our entire agreement with you in respect of use of My World of Work and supersede any prior agreement or arrangement with you in respect of My World of Work. If a company name is inserted in your registration request, then the User Agreement shall be between us and that company and accordingly unless the context otherwise requires, references to "you" and "your" in this User Agreement shall also be to that company.
Any breach of the Terms and Conditions may, at our sole discretion, result in your rights to access My World of Work being suspended or removed.
Availability of My World of Work
We will endeavour to ensure that My World of Work is available 24 hours per day without any interruptions. However, as it is a website which is in development, we reserve the right to make My World of Work unavailable at any time or to restrict access to parts or all of My World of Work without notice.
Use of My World of Work
My World of Work is designed for your personal, non-commercial use and you must not use it in any other way without our consent. Except as permitted under applicable law, you must not use, copy, translate, publish, licence or sell My World of Work or any materials or information in My World of Work or the structure, overall style and program code of My World of Work without our consent. If you wish to make a request for consent, please contact myworldofwork@sds.co.uk.
Intellectual Property
The content of My World of Work (including, but not limited to all text, imagery and artwork) is protected by copyright. The copyright is owned by us or is otherwise licensed from a third party for use by us. My World of Work contains registered and unregistered trade marks which we either own or are licensed to use. The authors of the documents in My World of Work assert their moral rights. My World of Work (My WoW) is a registered trade mark of Skills Development Scotland.
You may view or download any part of My World of Work for private purposes, but you are not permitted, without our permission, to:
- store My World of Work, or any part of My World of Work, for any other purpose;
- print copies of My World of Work, or any part of My World of Work, for any other purpose;
- reproduce, copy or transmit My World of Work, or any part of My World of Work, in any way, for any other purpose or in any other medium.
All other rights which are not specifically granted are reserved.
User Conduct
You undertake that you will:
- not use My World of Work for any purpose which is unlawful, or which may harass or cause distress or inconvenience to any person including but not limited to making available defamatory material; and
- not use My World of Work to transmit, distribute or make available any information which contravenes any applicable law or any person’s legal rights including but not limited to copyright, trademark, privacy or other personal or proprietary rights. You agree to indemnify us against all claims, proceedings, damages, liabilities and costs, including legal costs arising out of your breach of this term.
Third Party Websites and Content
My World of Work includes links to other internet sites, and hosts functionality developed by third parties. My World of Work may also include functionality that allows you to publish your information from My World of Work onto third party websites. We do not control those websites, we make no representations or warranties about those web sites, third parties or their content and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you are linking any of your content from My World of Work to be published on a third party website please be aware that in doing so you will be required to comply with the user terms of that third party and that the privacy of your information will be treated in accordance with the privacy policy of that third party.
Linking To My World of Work
If you wish to link to My World of Work you may only do so at http://www.skillsdevelopmentscotland.co.uk/myworldofwork. Details of our linking arrangements may be obtained from myworldofwork@sds.co.uk.
Data Protection
It is your responsibility to ensure that that you give us an accurate and valid e-mail address and other contact details, and to inform us of any changes. We cannot make any assurances about any other user you may meet using My World of Work. We comply with the provisions of the Data Protection Act 1998 and all related legislation in the UK. For a description of how we use your personal data, please see our Privacy Policy.
Freedom of Information
The Freedom of Information (Scotland) Act 2002 provides a general right of access to information held by Scottish Public Authorities. Skills Development Scotland is subject to the provisions of the Act which came fully into force on 1 January 2005.
For more information please contact us on 0141 225 6710 or by email at myworldofwork@sds.co.uk.
Our Liability
Since a substantial part of My World of Work is both free and available to all, it is a condition that your use of My World of Work is at your own risk. We shall not be liable to you or in breach of this User Agreement for any delay or failure to perform any obligation if the delay or failure is due to a cause beyond our reasonable control including, without limitation, the blocking or restricting of information to and/or from our network.
My World of Work and its contents are for general information only and are provided “as is” and on an “as available” basis. Accordingly, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms. Specifically, we make no warranties, representations or undertakings about:
- any of the content of My World of Work (including, without limitation, any as to the quality, accuracy, currency, completeness or fitness for any particular purpose of such content); or
- any content of any other third party website or service referred to or accessed by hypertext link through My World of Work.
We make no guarantees that My World of Work is free from so called computer viruses. It is strongly recommended that you check for such viruses before downloading My World of Work or any of its contents.
We accept no liability for any claims, penalties, loss, damage or expenses howsoever arising from: any reliance placed on the content of My World of Work; the use or inability to use My World of Work; the downloading of any materials from My World of Work; or any unauthorised access to or alteration to My World of Work. This clause shall not exclude liability for death or personal injury caused by our negligence.
User Content
This section shall apply to the extent that My World of Work may give you the option to send us content to be posted on My World of Work by us (“User Content”).
By sending us User Content, you will be deemed to:
(i) warrant to us that all registration information you submit, including age verification information if you are under 16, is truthful and accurate
(ii) consent to us editing that User Content at our discretion;
(iii) grant to us an irrevocable, worldwide, royalty free licence to use and publish that User Content for any purpose associated with our general objective to be a catalyst for positive change in Scotland's skills performance by enabling people to fulfil their potential;
(iv) irrevocably waive in our favour any moral rights you may have in such User Content in terms of Chapter IV Part I of the Copyright, Designs and Patents Act 1988, and any similar rights available in any part of the world ; and
(v) warrant to us that you are the owner of the copyright and other intellectual property rights in the User Content, that the User Content is your original work and that the User Content does not infringe the rights (including intellectual property rights) of any third party.
We do not guarantee that any User Content you submit will be posted on My World of Work.
Please note that comments made by other users of My World of Work which may be posted on My World of Work are provided for your information only and do not necessarily represent our views and opinions.
Take Down Notice Policy
This section of the Terms and Conditions sets out our policy on removal of User Content (our “Take Down Notice Policy”). In the event that you consider your rights to have been infringed by another user’s conduct it is our intention to respond to all clear notices of copyright infringement, defamatory content or otherwise via our Take Down Notice policy.
If you believe that your own copyrighted work is accessible on My World of Work in violation of your copyright or that obscene or defamatory comments have been made in relation to you, then you may submit a Take Down Notice. The following information must be included within the Take Down Notice:
- identify in sufficient detail, the copyrighted work or intellectual property that you claim has been infringed so that the material can be located on My World of Work. Alternatively please provide sufficient details to locate the allegedly obscene or defamatory comments;
- the physical or electronic signature of the person making the complaint;
- sufficient contact details for the person making the complaint, including an address, telephone number and e-mail address.
The Take Down Notice should be submitted to us at myworldofwork@sds.co.uk.
Upon receipt of a Take Down Notice we shall remove or disable access to the allegedly infringing material if we consider it appropriate to do so. We may also advise the alleged infringer of your claim.
In the event that a Take Down Notice is received in connection with any content which you have posted or made available on My World of Work, you consent to the release of your personal contact details in connection with any investigation of fraud, intellectual property infringement, piracy, defamation or other unlawful activity. Such personal information will only be released to the complainant where required by law. In such circumstances we may, if we are required to do so, disclose your name, home address and e-mail address to the complainant or the complainant’s representatives.
Password Protected Areas
My World of Work may contain password protected areas which allow you to view certain selected content. You are responsible for maintaining the confidentiality of your password and user name and are fully responsible for all activities occurring under your username or password.
When selecting your privacy settings please consider carefully the number of people who may be able to view the information you post and whether it is safe to disclose that type of information. We recommend that you do not disclose your home address, telephone number, date of birth or work, place of study or school location in a way that could be accessed by strangers.
While My World of Work allows you to set privacy options that limit access to your pages, please be aware that no security measures are one hundred percent effective. Accordingly we cannot control the actions of other Users with whom you choose to share your pages and information and do not guarantee that User Content you post on My World of Work will not be viewed by unauthorised persons. We are not responsible for the circumvention of any privacy settings or security measures contained on My World of Work.
Small Print
We may terminate this User Agreement at any time. You may not transfer any of your rights or delegate any of your obligations under this User Agreement without our prior written consent. If we fail to enforce any provision of this User Agreement, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. Nothing in this User Agreement shall confer on any third party any benefit or the right to enforce any term of the User Agreement. This User Agreement is governed by Scottish law and any dispute connected with this agreement is subject to the exclusive jurisdiction of the Scottish courts. Nothing in this User Agreement affects your statutory rights as a consumer.
We reserve the right to amend or replace the Terms and Conditions at any time. If we make any substantial changes we will notify you by posting a prominent notice on My World of Work.
Complaints
If you are dissatisfied with My World of Work, in the first instance please contact myworldofwork@sds.co.uk.