Website Terms of Use

These website terms and conditions of use ("Terms of Use") (together with any documents referred to in it) set out the terms on which you may make use of this website at www.tracelearningsolutions.com. ("Website"). Please read these Terms of Use carefully before you start to use this Website. By using this Website, you indicate that you accept that these Terms of Use will apply to your use of this Website and you agree to abide by them. If you do not agree to these Terms of Use you must immediately cease using this Website.

1. Information about us

This Website is operated by us, TRACE LEARNING SOLUTIONS LIMITED. We are incorporated and registered in Scotland under Company Number SC472451 and our registered office is at Blue Sky Office, West Point House Prospect Road, Arnhall Business Park Westhill, Aberdeenshire, AB32 6FJ ( "we", "us", "our").] Our VAT number is 188042396. Our contact details are listed below at the end of these Terms of Use.

2. Website

2.1. This Website is made available free of charge and you may make use of the Website as a guest or a registered user. Use of the Website includes accessing, browsing and registering to use the Website and booking a training course with one of our training providers (“Providers”).

2.2. We may revise these Terms of Use at any time by amending this page. Please check this page from time to time to take notice of any changes we make, as they are binding on you.

2.3. Access to our Website is permitted on a temporary basis and you acknowledge that we may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you for any loss or damage to you whether direct or indirect if for any reason the Website / its content is unavailable or inaccurate at any time or for any period. We do not guarantee that our Website, or any content on it, will always be available or accurate or that access to it will always be uninterrupted.

2.4. You are responsible for making all arrangements necessary for you to have access to the Website and for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and any other applicable terms and conditions, and that they comply with them.

3. This Website changes regularly

3.1 We aim to update this Website regularly and may change the content at any time. Any of the material on the Website may be out of date and thus inaccurate at any given time, and we are under no obligation to update such material.

4. No reliance on information

4.1. The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action or decision made on the basis of the content on our Website.

4.2. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.

5. Registration for training courses

5.1. You may register for certain training courses on this Website. These training courses and information (including availability information) regarding such training courses contained on this Website, are provided by our third party Providers. We are a conduit for registration on such training courses, information and for bookings made and subject to the liability provisions in paragraph 11 below have no responsibility or liability for such registration, information, bookings, content of courses, availability of courses or anything else to do with such training courses. The relevant Provider shall confirm to you when the place is booked and whether there is availability when you register for a training course on this website.

6. Your account and password

6.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

6.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use or otherwise at our general discretion.

6.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at the contact details provided in paragraph 15 below.

7. Intellectual Property rights

7.1 We are the owner, or licensee of, all intellectual property rights in or contained within this Website, and the material, trademarks (whether registered or unregistered) and other proprietary information published on it. These works are protected by various intellectual property laws, including copyright and trademark laws.

7.2 You may print off one copy and may download extracts of any page(s) from the Website for your personal non-commercial reference. You may not however modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, any of the content, in whole or in part.

7.3 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

7.4 If you print off, copy or download any part of the Website in breach of these Terms of use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

8. Linking to the Website

8.1 You may link to the home page of the Website, provided you do so in a way that is fair and legal and does not (and does not seek to) damage our reputation or take advantage of it. You must not establish such a link in any way as to suggest any form of association, approval or endorsement of you, your services, your business or otherwise where none exists or without our prior written approval (which we may withhold in our absolute discretion).

8.2 You must not establish a link to the Website in any website that is not owned or operated by you.

8.3 The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page.

8.4 You acknowledge and agree that we reserve the right to withdraw linking permission under 8.1 without notice.

8.5 If you wish to make any use of content on the Website other than that set out above, please contact us at the details provided in paragraph 15 below.

9. Third Party Websites

9.1 Where the Website contains links to, or summarises or categorises other sites and resources provided by third parties, including our Providers, these links and information are provided for your information only. While we provide these links and information you acknowledge and agree that we have no control over the contents of those sites or resources. Without limiting the generality of this provision, we would like to highlight that, in respect of Providers, this Website is just a means of putting you in touch with these Providers, and giving you information to assist you to make choices about which Provider or training course to choose.

9.2 We assume no responsibility for the content of other websites linked to the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise as a result of your use of them.

10. Viruses

10.1 You are responsible for configuring your information technology, computer programmes and operating and/or hardware platforms in order to access the Website. You acknowledge and agree that it is your responsibility to use your own virus protection software. We do not guarantee that the Website will be secure or free from bugs or viruses.

10.2 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

10.3 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.

11. Liability

11.1 Nothing in these Terms of Use shall limit or exclude our liability for: (a) death or personal injury resulting from negligence; or (b) any damage or liability as result of fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded by applicable law.

11.2 To the extent permitted by applicable law we hereby exclude from these Terms of Use any and all warranties, conditions and other terms implied by statute or common law.

11.3 To the extent permitted by applicable law, we will not be liable to you or any user of the Website for any loss or damage, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (a) use of, or inability to use, the Website; or (b) use of or reliance on any content displayed on the Website.

11.4 If you are a business user, to the extent permitted by applicable law we shall not be liable for any loss of profits; loss of business; depletion of goodwill and/or similar losses; loss of anticipated savings; loss of agreement or contract; loss of corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

12. Information about you and your visits to the Website

12.1 We are committed to protecting and respecting your privacy. This paragraph 12 sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting our Website you are accepting and consenting to the practices described in this paragraph 12.

12.2 For the purpose of the Data Protection Act 1998 (the Act), the data controller is us. Our details are set out in paragraph 1 above. Our nominated representative for the purpose of the Act is Lynn Elder.

12.3 We may collect and process the following data about you:

  • Information you give us. You may give us information about you by filling in forms on our Website or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our site, subscribe to our service, search for a training course, book a course via our Website, information you provide to recruitment companies, accountants, seminar co-ordinators and when you report a problem with our site and other information you provide us. The information you give us may include your name, address, e-mail address, phone number, financial and credit card information in the event you choose to activate the reminder service for your certificate renewals, personal description, training course needs and requirements, current employer, job role, home airport and number of years’ experience.
  • Information we collect about you. With regard to each of your visits to our site we may automatically collect the following information:
    • technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
    • information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); courses you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
  • Information we receive from other sources. We work closely with third parties (including, for example, Providers, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies, recruitment companies, accountants, seminar co-ordinators and other third parties) and may receive information about you from them.

12.4 Our website uses cookies to distinguish you from other users of our website. A cookie is a small file of letters and numbers that we put on your computer if you agree. These cookies allow us to distinguish you from other users of our website, which helps us to provide you with a good experience when you browse our website and also allows us to improve our site. The cookies we use are session cookies to propagate the session ID (this is a long string of letters and numbers) between pages.

12.5 We use information held about you in the following ways:

  • Information you give to us. We will use this information:
    • to provide you with the information regarding training courses, Providers and other products and services on our Website
    • to provide you with information about other training courses, Providers that are similar to those that you have already purchased or enquired about;
    • to provide you, or permit selected third parties to provide you, with information about training courses or Providers we feel may interest you. If you are an existing registered user, we will only contact you by electronic means (e-mail or SMS) with information about training courses or Providers similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please do not tick the relevant box situated on the form on which we collect your data (i.e. the relevant order form or registration form);
    • to notify you about changes to our service;
    • to ensure that content from our site is presented in the most effective manner for you and for your computer.
  • Information we collect about you. We will use this information:
    • to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
    • to use, and collate on an anonymised basis to inform us and our Providers about the types of users of our Website, assess demand for training courses, numbers of users and other anonymous aggregated statistics that are useful to our Providers and business parties.
    • to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
    • to allow you to participate in interactive features of our service, when you choose to do so;
    • as part of our efforts to keep our site safe and secure;
    • to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
    • to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
  • Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may us this information and the combined information for the purposes set out above (depending on the types of information we receive).

12.6 We may share your information with selected third parties including:

  • Business partners, suppliers and sub-contractors for the performance of any contract we enter into with [them or] you.
  • Providers for the purposes of registration on a training course selected by you on our Website.
  • Providers, advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. [We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement for a training course on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, riggers in Aberdeen). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience].
  • analytics and search engine providers that assist us in the improvement and optimisation of our site.

12.7 In addition to 12.6 above, we may also disclose your personal information to third parties:

  • in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
  • if we or substantially all of our assets are acquired by a third party, in which case personal data held by us about our Website users will be one of the transferred assets to such third party; or
  • if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply these Terms of Use or to protect the rights, property, or safety of us, our Providers or advertisers. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

12.8 All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted [using SSL technology.

12.9 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

12.10 You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us using our contact details set out in paragraph 15 below.

12.11 Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

12.12 The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

13. Service Availability

13.1 We make no representation that this Website or its content is appropriate or available for use in locations outside of the United Kingdom. If you access the Site from other locations, you do so at your own initiative and are responsible for compliance with any applicable local laws.

14. General Provisions

14.1 If any provision of these Terms of Use is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms of Use which shall remain in full force and effect. Further, if any provision of these Terms of Use is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such deletion(s) as may be necessary to make it valid and enforceable.

14.2 You shall not (and shall not purport to) assign or otherwise transfer your rights or obligations under these Terms of Use whether in whole or in part without our prior written consent.

14.3 These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed and construed in all respects in accordance with Scots Law. You hereby acknowledge and agree that the Scottish Courts will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms of Use or their subject matter or formation (including non-contractual disputes or claims) although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

15. Contact us

For further information from us on any of these Terms of Use or for any queries relating to them, please contact info@tracelearningsolutions.com or call us on 01224 959445 or write to us at Blue Sky Office, West Point House Prospect Road, Arnhall Business Park Westhill, Aberdeenshire, AB32 6FJ.

Copyright © 2014 - Trace Learning Solutions Ltd - All rights reserved.