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1. Aceptance of Terms
   BusinessskillsDNA is the trading name of BPSA Ltd (a company registered in England and Wales with company number 02882354 and registered under the Data Protection Act 1998), whose registered office is Kimberley House, 17 Back Bridge Street, Manchester, M3 2PB, United Kingdom. Use of the businessskillsDNA.com web site and the services available from the businessskillsDNA.com web site (the "Service") is subject to any written agreements between you (or your company) and BPSA Ltd as well as the following Terms of Use ("TOU"), which may be updated by BPSA from time to time without notice to you. Unless otherwise specified, the terms will take effect when they are posted. Please read the TOU carefully before using or registering for the Services, as your use of the Services will signify your agreement to be bound by these terms.
2. The Services
   BPSA Ltd, through the businessskillsDNA.com web site, currently provide users with access to online training resources, including but not limited to a management skills audit with comprehensive reports, and skills development and training tools. (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new BPSA properties, shall be subject to the TOU. You understand and agree that the Service is provided "AS-IS" and for general information purposes only and is not intended to address the circumstances of any particular individual or entity. The information and reports generated by us does not constitute professional advice and should not be interpreted as a substitute for professional advice. Users should not act or rely on the information without seeking the advice of a professional. BPSA assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
3. Subscription Based Services
   Some content and/or services available through the Site may be offered to you at a fee. If you elect to purchase subscription-based content/services, you warrant that all information you submit is true and accurate, and you agree to pay all subscriptions fees you incur.
   
   By registering as an audit member you agree that we will make the audit member Services on the businessskillsDNA.com web site available to you immediately. The provision of these Services means that you will not be entitled to cancel your membership pursuant to the Consumer Protection (Distance Selling) Regulations 2000, i.e. you will not have the usual cooling-off period.
   
   You can however cancel your membership to an audit with us at anytime during your membership period, but you will not be entitled to a refund for any membership fees already paid and any remaining membership time will be lost. The option to cancel can be found in the ‘View your purchases’ section of 'My Account'.
   
   You can close your account completely at any time from the ‘My Account’ section of the website. This will close your account immediately and cancel your membership to any audits.
4. Access and Registration
   In order to use the Services, you need the equipment necessary to connect to the World Wide Web ("WWW"), and the connection necessary to access the WWW. You are responsible for any fees associated with such connection or access. In consideration of use of the Service, you agree to: (a) provide true, accurate and complete information about yourself and/or your company as prompted by any registration form and (b) maintain and update such information so it remains accurate and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BPSA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BPSA has the right to suspend or terminate your account and refuse any and all current or future use of the Service.
5. Privacy
   Your privacy is important to BPSA. All information gathered from you in connection with your use of the Services will be governed by the provisions of the BPSA Privacy Statement.
6. Password and Security
   Upon registration, you will create a username and password. You are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify BPSA of any unauthorized use of your username and password or any other breach of security, and (b) ensure that you exit the site at the end of each session. BPSA cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
7. Member Conduct
   You understand that all information, data, text, software, sound, photographs, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not BPSA, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. BPSA does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will BPSA be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
   
   You agree to not use the Service to:
   • submit, post, upload, or otherwise transmit any content that is defamatory, libellous, invasion of another's privacy, abusive, tortuous, harassing, vulgar, obscene, or otherwise indecent;
   • submit, post, upload or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
   • submit, post, upload, or otherwise transmit content that contains software viruses, corrupted files or any other similar software or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
   • conduct, display, or forward surveys, contests, pyramid schemes, ponzi schemes, "spam" or chain letters;
   • impersonate, or otherwise misrepresent your affiliations with, any other person or entity;
   • falsify or delete any attributions, legends or other proprietary designations of the origin or source of software or other content appearing on the Services or contained in a file that is uploaded;
   • harm minors;
   • submit, post, upload or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
   • induce, entice, solicit, recruit or lure, or attempt to induce, entice, solicit, recruit or lure, experts or users on the businessskillsDNA.com web site to another site that, in BPSA's reasonable determination, competes with businessskillsDNA.com web site;
   • violate any applicable local, state, national or international laws or regulations;
   • stalk or harass another individual;
   • collect or store personal data about other members.
8. Content Submitted to BPSA
   BPSA does not own Content you submit, unless we specifically tell you otherwise before you submit it. You license the Content to BPSA as set forth below for the purpose of displaying and distributing such Content on our network of properties and for the promotion and marketing of our services. By submitting Content to any BPSA property, you automatically grant, or warrant that the owner of such Content has expressly granted BPSA a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, transmit, distribute, sell any such Content for any purpose whatsoever, including, without limitation, any commercial purpose, without any compensation to you, perform and display such Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You acknowledge that BPSA does not pre-screen Content, but that BPSA and its designees shall have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by BPSA or submitted to BPSA.
9. Indemnity
   You agree to defend, indemnify, and hold harmless BPSA, its officers, directors, employees, agents and partners, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third parties due to or resulting from Your use of the Site or the Site Content, including without limitation claims against BPSA for unsatisfactory performance of services listed on the Site, or Your violation of these terms.
10. Copyright
    Please see Copyright Notice.
11. Modifications to Services
    BPSA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BPSA shall not be liable to you or to any third party for any modifications, suspension or discontinuance of the Service.
12. Termination
    You acknowledge and agree that BPSA may suspend or terminate your membership account and/or deny you access to, use of, or submission of content for, all or part of the Service, without prior notice, including but not limited to the following circumstance, if BPSA believes, in its sole discretion that you violated or acted inconsistently with the letter or spirit of the TOU. In addition BPSA reserves the right to terminate inactive non-subscription membership accounts (accounts which have not been accessed for 90 days or more). You agree that upon termination, we may immediately delete all information related to your account and may bar any further access to your account and the Services.
13. Links
    The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because BPSA has no control over such sites and resources, you acknowledge and agree that BPSA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BPSA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. You use the links at your own risk.
14. Disclaimer of Warranties
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BPSA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BPSA MAKES NO WARRANTY THAT:
    1. THE SERVICE WILL MEET YOUR REQUIREMENTS,
    2. THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE,
    3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, COMPLETE, CURRENT OR RELIABLE,
    4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
    5. ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
    
    ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BPSA OR THOUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
15. Limitation of Liability
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT BPSA AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFIT, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BPSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
    1. THE USE OR THE INABILITY TO USE THE SERVICE;
    2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTION ENTERED INTO, THROUGH OR FROM THE SERVICE;
    3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
    4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
    5. ANY INACCURANCIES IN ANY OF THE INFORMATION DISPLAYED ON THE SITE OR
    6. ANY OTHER MATTER RELATING TO THE SERVICE.
16. Exclusions and Limitations
    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS A MATTER OF LAW, ACCORDINGLY, IN SUCH A CASE, SOME OF THE ABOVE LIMITATIONS OF SECTION 14 AND 15 MAY NOT APPLY TO YOU. IN SUCH INSTANCE, BPSA'S MAXIMUM LIABILITY SHALL NOT EXCEED THE AMOUNT OF THE SUBSCRIPTION FEES PAID BY YOU TO USE THE SITE. NOTHING IN THIS AGREEMENT IS INTENDED TO PURPORT TO EXCLUDE OR RESTRICT THE LIABILITY OF BPSA FOR PERSONAL INJURY OR DEATH CAUSED BY ITS NEGLIGENCE, OR ANY OTHER LOSS OR DAMAGE TO THE EXCLUSION OR RESTRICTION OF WHICH IS PROHIBITED BY LAW, AND IF ANY TERM OR PROVISION OF THE TOU IS HELD ILLEGAL OR INEFFECTIVE, THE REMAINING PROVISIONS WILL TAKE EFFECT AS THOUGH THAT TERM OR PROVISION HAD NEVER BEEN INCLUDED.
17. BPSA's Proprietary Rights
    You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by BPSA or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.
18. Dealings with Advertisers/Merchants
    Your correspondence or business dealings with, or participation in promotions of, advertisers/merchants found on or through the Service, including payment and delivery of related goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser/merchant. You agree that BPSA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers/merchants on the Service.
19. General Information
    The TOU constitutes the entire agreement between you and BPSA and govern your use of the Service, unless an expressed written agreement has been executed between BPSA and your company in which case the executed agreement between your company and BPSA would apply to the extent there is a conflict between the TOU and said agreement. The failure by BPSA to insist upon or enforce strict performance of any provision of the TOU will not be construed as a waiver of any provision or right of BPSA. You may not transfer, assign or delegate the TOU to anyone without the express written permission of BPSA. Any attempt by you to assign, transfer or delegate the TOU without the express written permission of BPSA shall be null and void. The TOU and the relationship between you and BPSA shall be governed by English law.
20. Questions
    If you have any questions regarding the TOU or the practices of this site, you may contact us at:
    
    Email: [email protected]
    
    Write to: Customer Support
    BPSA Ltd
    Kimberley House
    17 Back Bridge Street
    Manchester
    M3 2PB
    United Kingdom