Please read carefully before using the Morrisby Profile website ("www.morrisbyprofile.com").
This website is operated by The Morrisby Organisation. The Morrisby Organisation is part of Educational & Industrial Test Services Limited registered in England and Wales, No. 1183700 with VAT No. GB 209260972, whose registered office is at Focus 31 North, Cleveland Road, Hemel Hempstead, Hertfordshire, HP2 7EY ("TMO") with email address: info@morrisby.com
Your use of www.morrisbyprofile.com is governed by these Terms. You will be asked to accept these Terms on registration or first visit, after which by accessing and/or otherwise using the website, you accept these terms.
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| 1. |
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Copyright Licence |
| 1.1 |
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All www.morrisbyprofile.com technical and operational content is protected by copyright (and other intellectual property rights) and owned by TMO. |
| 1.2 |
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Subject to this clause 1 and any other obligations set out in these Terms, TMO grants and you accept non-exclusive and non-transferable permission to access and use a previously defined area within www.morrisbyprofile.com for your own use.
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| 2. |
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Copying |
| 2.1 |
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You may copy www.morrisbyprofile.com content to a local hard disk and print extracts of www.morrisbyprofile.com content for your own use. |
| 2.2 |
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Copying of www.morrisbyprofile.com content is permitted only in accordance with these Terms. You may not otherwise copy, reproduce, distribute, edit or amend www.morrisbyprofile.com content or otherwise incorporate www.morrisbyprofile.com content into any other publication or work in any form of media. |
| 2.3 |
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Any request to use www.morrisbyprofile.com content outside the scope of the licence granted in these Terms should be emailed to post@morrisby.com. TMO reserves its right to refuse to grant any such request
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| 3. |
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Information Service Provision |
| 3.1 |
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TMO reserves the right at its discretion to refuse at any time to: |
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| (a) |
accept any registration; or |
| (b) |
provide access to the Service. |
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| 3.2 |
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www.morrisbyprofile.com is intended normally to be available 24 hours a day and 7 days a week but TMO will not be liable for any failure to achieve this level of availability. |
| 3.3 |
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www.morrisbyprofile.com may be suspended temporarily and without notice in circumstances of system failure, maintenance or repair and for other reasons beyond the control of TMO. |
| 3.4 |
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You agree that TMO may, in its sole discretion, at any time terminate your access to www.morrisbyprofile.com and any login(s) or account(s) you may have in connection with www.morrisbyprofile.com.
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| 4. |
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Obligations |
| 4.1 |
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To use www.morrisbyprofile.com you will need to have access to a terminal or personal computer system, modem, telephone access and communication software and any other facilities required for accessing www.morrisbyprofile.com. TMO will not be liable for supplying any such equipment or for any loss or damage howsoever arising resulting from any acts or omissions of you or of any service provider or other person through whom you may access www.morrisbyprofile.com. |
| 4.2 |
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You will keep confidential any password or username allocated to you and agree not to disclose any such password or username to any third party. You are fully responsible for all activities that occur under your password and username. You agree to notify TMO immediately you are aware of any unauthorised use of your password or username. |
| 4.3 |
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You will use the information contained in www.morrisbyprofile.com solely for Careers and Education Guidance purposes and; |
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| 4.3.1 |
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As an Adviser you will use the information within the sphere of your competence. |
| 4.3.2 |
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As a Data Subject (student or other test taker), you will use the website solely for your own personal use, to access your personal report and investigate related information. |
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| 4.4 |
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You will not disclose to any third party, any information personal or otherwise, contained within www.morrisbyprofile.com
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| 5. |
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Restrictions |
| 5.1 |
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Your use of and activities upon www.morrisbyprofile.com must not: |
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| 5.1.1 |
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be false, inaccurate or misleading; |
| 5.1.2 |
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be offensive or menacing, abusive or defamatory; |
| 5.1.3 |
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infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; |
| 5.1.4 |
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be fraudulent; |
| 5.1.5 |
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be in breach of any applicable laws or regulations, licences or third party rights; |
| 5.1.6 |
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be obscene or indecent; |
| 5.1.7 |
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cause TMO to lose (in whole or in part) the services of any partner, internet service provider or other supplier; |
| 5.1.8 |
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interfere in any way with the proper working of www.morrisbyprofile.com and in particular you must not circumvent security, tamper with, hack into or disrupt the operation of www.morrisbyprofile.com or surreptitiously intercept, access without authority or expropriate any system, data or personal information as defined in the Data Protection Act 1998; |
| 5.1.9 |
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cause www.morrisbyprofile.com to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of www.morrisbyprofile.com is in any way impaired. |
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| 5.2 |
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You shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter.
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| 6. |
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Disclaimer |
| 6.1 |
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Any information generated or output by www.morrisbyprofile.com (“Information”) is provided for career guidance purposes only. Although Information is considered to be useful and accurate you are solely responsible for: |
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| 6.1.1 |
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ensuring that information input by you is accurate; |
| 6.1.2 |
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taking or refraining from any action based upon Information. |
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| 6.2 |
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In no event shall TMO be liable for any direct, indirect, special, incidental or consequential damages including, without limitation, loss of profits or revenues, loss or damage to data arising out of the use or inability to use www.morrisbyprofile.com or any related TMO services, damages resulting from use of or reliance on Information, whether based on breach of warranty, contract, tort or any other legal grounds even if TMO has been advised of the possibility of such damages.
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| 7. |
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Viruses |
| 7.1 |
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TMO will make all reasonable endeavours to exclude viruses (and similar destructive devices) from www.morrisbyprofile.com but cannot guarantee the exclusion of viruses (and similar destructive devices) and you should, therefore, take appropriate steps in respect of this risk.
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| 8. |
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Limitation of Offer |
| 8.1 |
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TMO makes no offer to supply any goods and/or services through www.morrisbyprofile.com. |
| 8.2 |
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Any request for goods or services made by you is subject to acceptance by TMO in accordance with applicable terms.
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| 9. |
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Data Protection |
| 9.1 |
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By entering www.morrisbyprofile.com as an Adviser you confirm that: |
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| 9.1.1 |
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You have obtained the Data Subject’s (i.e. student’s or other test taker’s) permission to access their personal information. |
| 9.1.2 |
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Any such information is regarded as confidential and shall not be passed to any third party. |
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| 9.2 |
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Personal information provided to TMO is used in accordance with applicable data protection legislation. TMO are registered under the Data Protection Act 1998.
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| 10. |
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Linking |
| 10.1 |
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No links to www.morrisbyprofile.com may be used without TMO’s written permission. If you wish to provide a link to www.morrisbyprofile.com please email your request to post@morrisby.com with full details
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| 11. |
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Termination |
| 11.1 |
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TMO reserves the right to revoke your permission to use www.morrisbyprofile.com at any time, and any such use shall be discontinued immediately upon written notice from TMO.
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| 12. |
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Entire Agreement |
| 12.1 |
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These Terms: |
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| 12.1.1 |
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represent the whole agreement and understanding between TMO and you in respect of the matters referred to herein; and |
| 12.1.2 |
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shall, except in the case of fraud, override and no reliance shall be placed upon any other verbal or written representations, warranties or understandings in respect of the subject matter of these Terms. |
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| 12.2 |
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The remedies available to you are exclusively those available under these Terms. |
| 12.3 |
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You acknowledge that by using www.morrisbyprofile.com you have expressly agreed the provisions of this clause 12.
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| 13. |
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General |
| 13.1 |
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TMO reserves the right to vary these Terms from time to time and you accept the varied Terms if you continue to use www.morrisbyprofile.com after variation. |
| 13.2 |
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If any provision of these Terms is held to be void or unenforceable in whole or in part, the Terms shall continue to be valid as to all other provisions and the remainder of the affected provision |
| 13.3 |
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www.morrisbyprofile.com services are provided from England, irrespective of your location. |
| 13.4 |
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None of the provisions of these Terms are intended to or will operate to confer any benefit pursuant to the Contracts (Rights of Third Parties) Act 1999 on a person who is not a user of www.morrisbyprofile.com. |
| 13.5 |
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You agree to fully indemnify and to hold TMO indemnified from and against any claim brought by a third party resulting from your use of www.morrisbyprofile.com and in respect of all losses, costs, actions, claims, expenses or liabilities whatsoever suffered or incurred directly by TMO in consequence of any breach or non-observance of these Terms.
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| 14. |
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Applicable Law |
| 14.1 |
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These Terms shall be governed by and construed in accordance with English law and each party to these Terms submits to the exclusive jurisdiction of the English courts.
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| 15. |
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Enquiries |
| 15.1 |
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For general enquiries or if you experience problems with www.morrisbyprofile.com or have any comments please telephone Technical Support on 01442 867330, email to post@morrisby.com or write to us at: |
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The Morrisby Organisation
Focus 31 North
Cleveland Road
Hemel Hempstead
HERTS
HP2 7EY |