In these Terms and Conditions, the following terms shall mean:-
1.1 “Applicant’s Details” means information and amendments thereto submitted by a Applicant which may be held by YMCA Training either the whole or excerpts of which may be made available to YMCA Training staff and other selected partners.
1.2 “Associated Company” means any company which at the relevant time is:
(a) a holding company of YMCA Training; or
(b) a subsidiary or subsidiary undertaking of YMCA Training; or
(c) a subsidiary or subsidiary undertaking (other than YMCA Training itself) of any such holding company,
the expressions “holding company”, “subsidiary” and “subsidiary undertaking” having the same meanings given to them by the Companies Act 1985.
1.3 “Service” means the service of holding or placing the Applicant's details online on the Website and allowing third parties access to view and extract such details.
1.4 “Website” means ymcatraining.org.uk and any other website published by central YMCA 2. THE AGREEMENT
2.1 Subject to the other terms of this Agreement, in consideration of the Applicant abiding by the terms of this Agreement and subject to the effects of the failure or interruption of services provided by third parties, YMCA Training agrees to use its reasonable endeavours to provide the Service.
2.2 YMCA Training may refuse to include the whole or any part of the Applicant’s Details on the Website if YMCA Training deems it to be offensive, inappropriate, inaccurate or untrue.
2.3 YMCA Training may remove the Applicant's Details at its own discretion at any time from the Website.
2.5 Security measures YMCA Training has implemented security policies, rules and technical measures to protect the personal data that it has under its control from unauthorised access, improper use and disclosure, unauthorised destruction or accidental loss but YMCA Training cannot guarantee that such policies, rules and measures will be effective.
2.6 Access to information The Applicant may ask YMCA Training for details of any personal information it is storing about the Applicant by contacting YMCA Training at and, if the Applicant wishes [and upon payment of a fee of £15], YMCA Training will provide the Applicant with a copy of personal data held about the Applicant by email. YMCA Training may ask for proof of the Applicant's identity before providing any such information and reserves the right to refuse to provide information requested if identity is not established. YMCA Training is registered on the Data Protection Register as Central YMCA:
2.7 Password The Applicant will choose a password which will enable him/her to access the Website and amend the Applicant's Details. The password will be exclusive to the Applicant and the Applicant undertakes not to disclose it to anyone else and accepts that he/she will be responsible for all actions enabled by use of such password.
3. WARRANTIES AND USE OF APPLICANT'S DETAILS
3.1 Subject to compliance by Applicant with all of its obligations under this Agreement and subject to Clause 4.1 below, YMCA Training warrants that it shall perform its duties hereunder in a timely and professional manner and that all details which it holds in relation to the identity of the Applicant shall be held and processed in accordance with the Data Protection Act 1998 and this Agreement.
3.2 YMCA Training shall be entitled to provide the Applicant's Details to Associated Companies and shall either itself or via such Associated Companies make available the Applicant's Details:-
3.2.1 via the Website or other websites; and
3.2.2 to potential employers.
3.2.3 to any purchaser of part or the whole of the assets of the YMCA Training provided that such purchaser undertakes only to use the Applicant's Details for the same purposes as set out in this Agreement.
3.3 YMCA Training does not warrant that:-
3.3.1 Applicant’s Details will not be viewed by the Applicant’s existing employer; or
3.3.2 the provision of the Service will be uninterrupted or error-free.
3.4 The Applicant shall bear sole responsibility for ensuring the accuracy of the Applicant's Details supplied to YMCA Training.
3.5 The warranty set out in Clause 3.1 is exclusive of and in lieu of all other conditions and warranties, express or implied, statutory or otherwise, including without limitation those relating to satisfactory quality or fitness for purpose.
4. WEBSITE CONTENT
4.1 YMCA Training shall retain the right at all times in its absolute discretion to refuse to provide the Service or any part thereof to the Applicant, including without limitation, the inclusion of the Applicant’s Details or any part thereof on the Website.
4.2 The Applicant warrants, represents and undertakes in relation to all Applicant’s Details that they shall not be obscene, indecent, defamatory of any persons or otherwise illegal or unlawful under the laws of any jurisdiction from which the Website may be accessed.
4.3 The parties agree that the Applicant is the sole author, editor or publisher of all Applicant’s Details on the Website.
5. INTERRUPTIONS AND OMISSIONS IN SERVICE
WHILST WE TRY TO ENSURE THAT THE STANDARD OF OUR WEB SITE REMAINS HIGH AND WE ALSO TRY TO MAINTAIN THE CONTINUITY OF IT, BUT AS THE INTERNET IS NOT GUARANTEED TO BE STABLE, SOME ERRORS OR OMISSIONS OR INTERRUPTIONS OF SERVICE AND DELAYS MAY OCCUR. WE CANNOT BE RESPONSIBLE OR LIABLE FOR ANY SUCH ERRORS OMISSIONS INTERRUPTIONS OR DELAYS OR THE CONSEQUENCES THAT MAY FLOW FROM THEM, AND WE ARE NOT OBLIGED TO MAINTAIN THIS WEB SITE OR ANY PARTICULAR PART OF IT, OR PROVIDE THE SERVICES OFFERED ON THE WEB SITE. AS NECESSARY, WE MAY VARY THE SPECIFICATION OF THE SITE WITHOUT NOTICE.
AS YOU GO THROUGH THIS SITE, YOU WILL SEE THAT THERE ARE AUTOMATIC LINKS TO OTHER SITES AVAILABLE WHICH MAY BE OF INTEREST TO YOU. WE DO NOT ACCEPT ANY RESPONSIBILITY OR LIABILITY IN RESPECT OF THE CONTENTS OF THOSE SITES, THE OWNERS OF WHICH DO NOT NECESSARILY HAVE ANY CONNECTION (COMMERCIAL OR OTHERWISE) WITH US. USING AUTOMATIC LINKS TO GAIN ACCESS TO SUCH SITES IS AT YOUR OWN RISK.
7. APPLICANT’S OBLIGATIONS AND RESPONSIBILITIES
7.1 The Applicant undertakes to check that the Applicant’s Details once they appear on the Website and promptly to notify YMCA Training in the event of any inaccuracies therein.
7.2 The Applicant undertakes to notify YMCA Training of any changes to the Applicant’s Details from time to time.
7.3 The Applicant agrees to remove the Applicant's Details from the Website once he/she no longer wishes to have the Applicant’s Details advertised on the Website.
7.4 The Applicant undertakes fully to virus-check all data supplied to YMCA Training pursuant to this Agreement and remove such viruses and other harmful code that it detects.
7.5 The Applicant hereby acknowledges that he/she is fully responsible for all consequences of the Applicant’s Details appearing on the Website.
8.1 The Applicant agrees to indemnify YMCA Training against all damages, liabilities, costs and expenses which YMCA Training may incur or sustain including without limitation the costs of defending any suit arising from the inclusion of the Applicant’s Details on the Website or any act or omission by the Applicant.
9. LIMITATION OF LIABILITY
9.1 YMCA Training is not liable for any indirect loss, consequential loss, loss of salary, remuneration, profits, revenue, data or goodwill howsoever arising suffered by the Applicant and arising in any way in connection with this Agreement or for any liability of the Applicant to any third party.
9.2 YMCA Training is not liable for any failure in respect of its obligations hereunder which result directly or indirectly from failure or interruption in software or services provided by third parties.
9.3 None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of YMCA Training.
9.4 No matter how many claims are made and whatever the basis of such claims, YMCA Training’s maximum aggregate liability to the Applicant under or in connection with this Agreement or the Service in respect of any direct loss (or any other loss to the extent that such loss is not excluded by Clauses 7.1 or 7.2 above or otherwise) whether such claim arises in contract or in tort shall not exceed a sum equal to £2,000,000.
10. TERMS AND TERMINATION
10.1 These terms and conditions may be changed at any time, whereupon you will be deemed to accept those changes. We strongly recommend that you regularly review this page to note what changes have been made.
10.2 Terms of Business
Each employment assignment arising as a result of an introduction made by YMCA Training will be subject to YMCA Training's Terms of Business and Privacy Statement as applicable in the circumstances, which you have read or are deemed to have read, and which you agree as applying to and governing our relationship.
11.1 Subject to Clause 9.2, this Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof and neither party has relied on any representation made by the other party unless such representation is expressly included herein. Nothing in this Clause 9.1 shall relieve either party of liability for fraudulent misrepresentations. Neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable.
11.2 If any provision of this Agreement or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.
11.3 Any notice given pursuant hereto may be served by email or sent by pre-paid registered letter or recorded delivery to the addresses given hereabove. Such notice shall be deemed to have been duly served upon and received by the addressee, when served by email 24 hours after despatch thereof or, when posted, 48 hours after the same shall have been put into the post correctly addressed and pre-paid.
11.4 Neither party shall be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder (other than in relation to payment) resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority.
11.5 Any delay or forbearance by either party in enforcing any provisions of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
11.6 This Agreement shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.
12.1 The use of this web site or any part of it is governed by and construed in accordance with English Law. You agree that the Courts of England and Wales have exclusive jurisdiction over any dispute that arises.
13.1 YMCA Training is a trading body owned by Cenatral YMCA