HDA

HDA CANDIDATE WEBSITE
Terms and Conditions

1. What do these Terms and Conditions represent?

   You should read these terms before registering with and using this website. By registering on this website you will be deemed to have read, understood and accepted these terms. This website is operated by HDA. Golden Cross House, 8 Duncannon Street, London, WC2N 4JF, 020 7484 5065.

2. Information Security

   IT Security is defined as the protection of IT information assets from unauthorised or improper disclosure or alteration, and from inappropriate or fraudulent use. Protection extends to the systems and mechanisms used to process, store and transmit information.

   HDA is committed to the effective management of all IT security risks and as such HDA has developed a policy to limit the risk to users of this site and also the organisation itself.

   The following apply to those accessing HDA Online:

   • Access to computer systems is limited to individuals who have been authorised to do so.
   • Individuals are personally accountable for actions performed with their user ID, or similar identifier. Therefore, any userIDs and passwords must not be shared and must be kept confidential.
   • Users of HDA Online are accountable for their access to and use of systems.
   • Any suspected security breaches or compliance failures should be promptly reported to the appropriate Licensee immediately for investigation.

3. Your rights to access and use this Website

   When you have registered on this Website and accepted these Terms, you have the right to access and use this Website in accordance with these Terms and any other reasonable instructions given to you from time to time by HDA.

   You must not allow anyone else (including your family and friends) to use those parts of this website that are password protected. you must not disclose your password to anyone.

   You agree to notify HDA in writing promptly upon becoming aware of any unauthorised access to this Website.

   Other than as set out in this Term you may not copy, reverse engineer, reproduce, distribute, publish or in any other way exploit any part of this Website.

   You are permitted to access and print (but not download) the information on this Website provided that (a) you make only one printed copy of the information; (b) you make only personal, non-commercial use of the information; and (c) you remain bound by these Terms.

   You may not sell any of the information on this Website and you may not make any part of this Website available as part of another website whether by hyperlink or otherwise without the prior consent of HDA.

   This Website and the information contained on it may not be used to construct a database of any kind.

   If you would like information about obtaining HDA's permission to use any of the information on this Website or if you would like to link your website to this Website then please e-mail txs@hda.co.uk.

4. HDA's right to update this Website

   In order to be able to continue to provide a valuable service to its users, HDA has the right to update, or to change in any way, any of the information and material on, or the technical specifications of this Website.

5. Websites and other pages to which this Website is linked

   This Website contains links to many other areas on the internet. Websites and pages to which this Website is linked are provided for your own benefit and ease of reference. However, HDA cannot review all of these websites and accepts no responsibility or liability for them, for the information contained on them or for any losses or penalties that may be incurred as a result.

   Unless it has expressly stated otherwise, HDA does not endorse or recommend these websites or the businesses operating them other than as a useful source of relevant information.

6. Data protection and your privacy

   HDA is aware of and complies with its obligations under current data protection legislation and takes these obligations extremely seriously.

   HDA is registered with the data protection commissioner.

   By accepting these Terms, you consent to the use by HDA of the information you provide about yourself for the administration of this Website and for any other purpose that HDA deems to be reasonably necessary.

7. Ownership of the information on this Website

   This Website and all the information, text, software, graphics, photographs, illustrations, names, logos, trademarks and other material are protected by copyright, trade marks or other proprietary rights. You may not use any of HDA's trademarks or trade names without HDA's consent.

   This information is owned by HDA or by third parties (such as Jobline 5000 Limited), who have granted rights to HDA to use their information.

   HDA may in appropriate circumstances and at its discretion remove or disable access to material on this Website, including information which you may have posted on this Website, that infringes on the rights of others.

8. Bulletin boards and chat rooms

   This Website contains a section that operates as a public forum or 'bulletin board'.

   Much of the content of these forums is provided by and is the responsibility of the person posting information in that forum.

   You agree and acknowledge that hda has no responsibility for this information and is providing access to it as a service to you and other people accessing and using this website.

   HDA accepts no liablity for any losses or penalties that may be suffered by you or any third party as a result of the information in, or any use of, the forums on this website.

   Because forums are public areas in which people can express their views and opinions, they may unavoidably carry offensive, harmful, inaccurate or otherwise inappropriate material.

   HDA does not necessarily support or guarantee the information posted in the forums and any reliance on this information will be at your own risk.

   You agree that you are responsible for any information you post in the forums and for any consequences. You agree only to use the forums to send and receive messages and material that are legal and directly related to this Website and the services provided on this Website.

   HDA does not control the information delivered to the forums and has no obligation to monitor the forums. HDA has the right to disclose any information to the police or other relevant authority or to edit, refuse to post or to remove any information or materials for any reason whatsoever in HDA's sole discretion.

   HDA shall have no liability or responsibility for the removal of any information from this Website.

   The forums on this Website are public and HDA specifically disclaims any liability with regard to the forums and any actions resulting from your participation in any forums.

   By posting information on this Website you automatically grant HDA a royalty-free, perpetual, irrevocable, non-exclusive license to copy, modify, publish or use the information in any other way. This shall include the right to exploit any proprietary rights in the information under any relevant jurisdiction.

9. Warranty

   While HDA has endeavoured to ensure the accuracy of the information accessed via this Website, HDA does not guarantee or give any warranty as to the accuracy timeliness or completeness of any information or material on this Website.

   This Website and the information on this Website are provided "as is" excluding any warranties of any kind either express or implied to the fullest extent permissible pursuant to applicable law including (but not limited to) the exclusion of warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights.

   HDA has no responsibility or liability for this Website and makes no warranties that this Website will operate uninterrupted or error-free or that any defects will be corrected.

   HDA does not warrant that this Website is compatible with your computer equipment or that it is free of errors or viruses and HDA is not liable for any damage you may suffer as a result of such destructive features.

   These Terms do not affect your statutory rights or your legal rights as a consumer.

10. Limitation of liability

    You acknowledge that your use of this website, the forums and any of the information on this website is at your own risk and your sole remedy is to discontinue use of this website.

    Save in respect of fraud and of personal injury or death to the extent it results from HDA's negligence, in no event will HDA be liable to you or any third party for any direct, special, indirect, consequential or incidental damages, exemplary or lost profits, or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise even if HDA has been advised of the possibility.

11. Indemnification

    You agree to indemnify, defend and hold harmless each of HDA, its employees, representatives and agents from and against any claims, actions, demands or other proceedings brought against any of HDA, its employees, representatives or agents by a third party to the extent that such claim, suit, action or other proceeding is based on or arises in connection with your use of this Website, any breach by you of these Terms, a claim that any use of this Website by you infringes any intellectual property rights of any third party, or is libellous or defamatory or otherwise results in injury or damage to any third party.

    References in this Term to your use of this Website shall include any use by a third party accessing this Website using your computer and/or your password.

    You agree to pay HDA, its employees, representatives and agents any and all costs, damages and expenses (including reasonable legal fees) awarded against any of them or otherwise incurred by any of them in connection with or arising from any such third party claim, suit, action or proceeding attributable to any such third party claim.

12. Termination

    You or HDA may terminate these Terms with or without cause at any time. If HDA terminates these Terms HDA will e-mail you at the address you provide on registration and you will be deemed to have received it within one hour of transmission. Termination will be effective at that time. You will be responsible for notifying us of any changes to your e-mail address.

    You may terminate by sending an e-mail to systems@hda.co.uk.

    These Terms, the agreement between you and HDA and your rights to access this Website, shall all terminate immediately in the event that the contract between HDA and any third party (under the terms of which you gain access to this Website) terminates for whatever reason.

13. Miscellaneous provisions

    • Validity and remedies - Each provision of these Terms is severable and if any provision is or becomes invalid or contravenes any applicable law or regulations then the remaining provisions will not be affected.
    • Representations - You acknowledge that you have not relied upon any statements, representations, promises or undertakings whatsoever that are not expressly contained in these Terms.
    • Remedies- HDA's right and remedies under these Terms are cumulative and are not exclusive of any rights or remedies provided by law or by any other agreement.
    • Waiver - No waiver by HDA of any breach of any obligation arising under these Terms shall constitute a waiver of any other breach and no failure to exercise or partial exercise by HDA of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
    • Force Majeure - In the event of any failure interruption or delay in performance of HDA's obligations resulting from acts, events or circumstances not reasonably within HDA's control HDA shall not be liable or have any responsibility of any kind for loss or damage thereby incurred or suffered by you.
    • Governing Law and Jurisdiction - These Terms are governed by the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England.