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NDTCabin Site Use Terms
The following terms apply to all use of the NDTCabin
website (www.ndtcabin.com) ("the Web Site").
In these terms, reference to "we", "us", "our"
and "ours" refers to Salmirante Limited (the operator of the
Web Site)
trading as "NDTCabin" (registered office: Acclaim House, 12 Mount Havelock,
Douglas, Isle of Man, IM1 2QG .
("NDTCabin") and reference to "you", "your"
and "yours" refers to the person visiting the Web Site.
The Web Site is your community and in order
to protect it and keep it available as a leading resource in the
NDT sector, we need you to abide by the following terms in respect
of your use of the Web Site for the sake
of the whole community. We would ask you if you could please
report any abuse of the Web Site including
any breaches of these terms that come to your attention by contacting
support@ndtcabin.com or
Fax: +44 (0)8448 702072.
1. General interpretation
1.1 Any headings in these terms are for ease
of use and are not intended to form part of the terms nor effect
their interpretation.
1.2 If you are more than one legal entity, each
person or legal entity accepts joint and several liability under
these terms.
1.3 Reference to something in the masculine form
includes the feminine and neuter forms and vice versa
and reference to the singular includes the plural and vice versa.
1.4 These terms are to be interpreted exclusively
in accordance with English Law and any disputes regarding
these terms will be subject to the exclusive jurisdiction of English
courts of law.
2. Access to the Web Site & use of specific
areas
2.1 Whilst we agree to use reasonable endeavours
to ensure a properly functioning, accessible Web Site, you
will appreciate that it is technically impossible to guarantee access
to the Web Site 100% of the time or error-free
functionality and we will not accept any responsibility for losses
resulting from any temporary interruption of
service or other problems with service. If any errors come to your
attention, please notify us immediately and we
will endeavour to remedy the problem as soon as reasonably possible.
2.2 We reserve the right to withdraw your right
to use any members areas on the Web Site at any time, with or
without justification and to withdraw all access codes (see below).
2.3 The content of any articles on the Web Site is intended
to be interesting and informative and even humorous.
However, it is, by its very nature, general. Whilst we make
every effort to provide accurate, high quality content, we
do not guarantee that it is error-free, truthful or accurate - this
is particularly true of entries from other users of the
Web Site. Therefore, you must independently verify any information
given and take independent advice before
acting or refraining from acting as a result of anything you read
on the Web Site and we cannot accept any
responsibility arising from your failure to so do.
2.4 Posting of your cv, opinions, comments, news and views
and communications with us or other members:
2.4.1 all opinions, comments, news, information and other
material you submit to us (whether intended for
posting on the Web Site or not) and all communications with other
members and users of the Web Site must not
be inaccurate, erroneous, misleading, impolite, offensive, illegal,
unlawful, immoral, defamatory or in breach of
anyone else's intellectual property rights and you warrant to us
that that is the case and that you are entitled or
authorised to submit those opinions, comments, news and views to
us and that to allow us to use them in
accordance with these terms;
2.4.2 unless you expressly state to the contrary at the time
of submission, upon submitting any opinions,
comments, news and views to us, you automatically grant us an irrevocable,
perpetual, worldwide, royalty-free
licence to copy and reproduce whatever you have submitted to us
in whole or in part, in its original form or as
amended or edited by us for whatever purpose we decide at our discretion;
2.4.3 you consent to us crediting you with authorship of
any material used by us under the licence granted in
clause 2.4.2 above, although we reserve the right not to do so at
our discretion;
2.4.4 you confirm you understand that by displaying the name
or email address of a contact in any material, you
are providing personal data to us. As such, you warrant that you
have the consent of the person whose name you
have given to appear on this Web Site in compliance with the Data
Protection Act 1998 and agree to indemnify us
against any costs, claims and liabilities arising from any breach
of that Act in the supply of that information. In
particular, you warrant that you have informed all people whose
name, email address or other personal data you
have supplied that by consenting they are acknowledging that they
are aware that their personal data will be
available worldwide including in jurisdictions where there are no
adequate data protection laws.
2.4.5 we reserve the right not to publish any material you
submit to us at our discretion without justification.
2.5 You acknowledge that all content on the Web Site is the
copyright of either NDTCabin or third parties and that
you may copy pages from the Web Site (unaltered and unamended without
deletion of any copyright notices and
credits in our favour or in favour of anyone else) for your own
personal use but you may not copy or reproduce any
material on the Web Site in whole or in part (whether in its original
form or as altered or amended) for any
commercial purpose without our express written consent.
2.6 You acknowledge that although we require all people and
organisations that publish information on this Web
Site to ensure the accuracy of the information, it is not possible
for us to guarantee it. You are advised to
independently verify any information before relying on it.
2.7 When using the NDTCabin Contact Board, members and other site
users should be aware that we do not
monitor material which appears on the NDTCabin Contact Board, and
that we are reliant upon you and all users
to notify us of anything you read on the NDTCabin Contact Board
that is in breach of these terms.
2.7.1 You should note that people may not necessarily be who they
say they are and that your use of the NDTCabin
Contact Board is entirely at your own risk.
2.7.2 Although all reasonable actions are taken to restrict unauthorised
access to our database, we cannot
guarantee that unauthorised access will not take place and therefore
accept no responsibility for such.
2.8 NDTCabin Members who also register to use the NDTCabin Contact
Board must not:
2.8.1 include an email address, postal address, phone number, the
address of any website, or any other
information which is intended to facilitate direct communication,
in any details which they add to their entry
on the NDTCabin Contact Board. You may share information of this
type with any members who contact
you directly.
2.8.2 place material on, or otherwise use, the NDTCabin Contact
Board for any business or commercial
purpose; or use your access to the NDTCabin Contact Board, or information
gathered from it, for the sending
of unsolicited bulk email.
3. Your obligations
3.1 We also reserve the right to refuse you as
a member at the outset without justification.
3.4 If you are accepted as a member of the Web
Site, you will be allocated a user name and password
("access codes") to allow you to enjoy membership benefits
from time to time. Please note that you are
responsible for the safe keeping of your access codes and must not
disclose it to anyone who is unauthorised or
untrustworthy. You will be deemed responsible for any behaviour
of or commitments made by someone who has
gained access to your account by any means (with or without your
consent). You are therefore advised to change
your password regularly. In the event of a breach or suspected breach
of these terms, we reserve the right to
terminate you membership without notice or justification.
4. NDTCabin Inspector Database (CV Database)
4.1 The CV and other personal information that you provide to us
will be made available to potential employers
and agencies who are advertising vacancies with us or who have been
granted access to the Inspector Database.
Once your details have been passed on in this manner we cannot
be held responsible for their onward distribution
or use.
4.2. NDTCabin Inspector Database - Privacy Options
4.2.1 You may select up to three companies from our listing, who
will not be given access to your details. The
listing is made up of existing and previous clients of our vacancy
services. You should be aware that some
companies may have affiliates or branches accessing the database
under different names. Under these
circumstances we cannot guarantee that your details will not be
seen by your excluded choices.
4.2.2. You may also select that your details are not seen by 'Recruitment
Agencies'. Our classification of
a 'Recruitment Agency' for this purpose is a company that does not
employ candidates directly. You should
be aware that a number of 'Recruitment Agencies' in the Inspection
sector do employ inspectors directly
and that these companies will still have access to your details.
4.2.3. Should you select to hide your name and contact details
from companies or agencies viewing the
database you should ensure that the information you have displayed
in the viewable sections of your
details does not lead to your identification.
4.3 By submitting your CV and other details to us you acknowledge
that you are aware that your personal data
will be available worldwide including in jurisdictions where there
are no adequate data protection laws.
4. Privacy
4.1 You understand that by displaying the name
or email address of a contact in your advertisement, you are
providing personal data to us. As such, you warrant that you have
the consent of the person whose name or email
address you have given to appear on the Web Site in compliance with
the Data Protection Act 1998 and agree to
indemnify us against any costs, claims and liabilities arising from
any breach of that Act in the supply of that
information. In particular, you warrant that you have informed all
people whose name, email address or other
personal data you have supplied that by consenting they are acknowledging
that they are aware that their personal
data will be available worldwide including in jurisdictions where
there are no adequate data protection laws.
4.2 We, in turn, agree not to use that information other
than for the display of any material you submit (whether or
not amended or altered by us) on the Web Site or any other web site
for which we provide content from time to time
and to inform you of our other services and of developments on the
Web Site.
4.3 If you choose to do so, we will use your personal data
to send you details of any developments or new services
we offer. We may also supply your personal data to companies whose
products or services we think may be of
interest to you or sell our database to a successor business if
we cease trading. This means that your personal
data may be made available in jurisdictions in which there may be
no adequate data protection laws.
4.4 We are committed to ensuring your privacy.
All information is collected and processed in accordance with the
United Kingdom Data Protection Act 1998.
5. Exemptions and Exclusions
5.1 You acknowledge that if you respond to any
advertisement, we are not in any involved in any dealings between
you and the advertiser and that we have no responsibility for any
information given to you by a such advertisers,
irrespective of whether that information appears on the Web Site
or not. You are therefore advised to verify any
information that is given to you including the identity of the advertiser
and any contact given.
5.2 Neither you nor we are responsible for any
breach of these terms insofar as that breach is a result of
something beyond our reasonable control but both you and we agree
that if that situation arises, we will do
everything we reasonably can to overcome that problem as soon as
possible. More specifically, the nature of the
Internet is such that we cannot guarantee complete security in communications
between you and us or you and
a third party via the Web Site.
5.3 We are not responsible to you for any consequential loss
or damage arising from any breach of this agreement
including but not limited to any delay in displaying or any failure
to display an advertisement and any incorrect
information contained in any advertisement. Our liability
under this agreement is limited strictly to twice the amount
payable for the particular advertisement.
5.4 We provide hyperlinks to other sites for a variety of
reasons including the provision of useful contacts and
information. No matter what the purpose of the link, we have no
control over the contents of the sites into which you
may enter. Please therefore exercise due caution in the use of such
sites and let us know of any complaints you may
have (although we cannot get involved in disputes between you and
the owner of any site into which we link). In any
event, we cannot accept responsibility for any losses you incur
as a result of following any link on our Web Site.
5.5 We upload our Web Site using a reasonably up-to-date
virus checker but no virus checker is guaranteed to cover
all viruses and other digital devices designed to interfere with
the normal or proper functioning of software and
hardware ("other bug"). Therefore, you are advised to
maintain your own up-to-date virus checker and to exercise
reasonable caution before downloading anything from our Web Site
or any other site. We cannot accept responsibility
for any loss arising from a virus or other bug acquired from our
Web Site or any site into which we link from our Web Site.
6. Copyright, etc.
6.1 If you submit material to us for publishing on
the Web Site or by way of comment on anything appearing on the
Web Site, you grant us a perpetual, royalty-free, worldwide licence
to reproduce that material in whole or in part
(in the same form or as altered by us) and to grant other organisations
(at our discretion) the sub-licence any of
your material on such terms as we may agree with that third party.
7. General provisions
7.1 If we do not strictly enforce our rights
under these terms at any time, we reserve the right to do so in
future both
in respect of a particular breach and in respect of any future breach.
7.2 These terms are not intended to benefit anyone other
than you and us.
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