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Terms

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 this website 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.

A. TMO means The Morrisby Organisation.

B. Service(s) means all use of various websites provided to the User by TMO, which are owned and directly controlled by TMO.  These include:

  • www.morrisby.com
  • www.fasttomato.com
  • www.ukcoursefinder.com

C. Data means all information supplied to the User by use of the Service.

1. Copyright Licence

  1. All technical and operational content within the Service is protected by copyright (and other intellectual property rights) and owned by TMO.
  2. 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 the Service for your own use.
  3. The User does not and will not acquire any proprietary interests in any material obtained from or relating to the Service or the Data.  The User will not use the Service or the Data in any way which may infringe any intellectual property right (including copyright or trade mark), any right of confidentiality, or any other proprietary interest that TMO has in such materials.

2. Registration

  1. Each registration is for one individual user only. This is very important for both your security and the correct working of the Service. The Service requires that all information is related to a single person so that the personalized elements of the Service remain accurate and relevant. To see what measure we take to protect your information please read our Privacy Policy.
  2. By registering on the Service,  TMO grants and the user accepts a non-exclusive, non-transferable licence to gain access to and use the Service and the Data for the purpose of personal, non-commercial use.
  3. You may copy Service content to a local hard disk and print extracts of Service content for your own use.
  4. Copying of Service content is permitted only in accordance with these Terms. You may not otherwise copy, reproduce, distribute, edit or amend Service content or otherwise incorporate Service content into any other publication or work in any form of media.
  5. Any request to use Service content outside the scope of the licence granted in these Terms should be emailed to support@morrisby.com. TMO reserves its right to refuse to grant any such request.

3. Information Service Provision

  1. TMO reserves the right at its discretion to refuse at any time to:
    1. accept any registration; or
    2. provide access to the Service.
  2. The Service 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. The Service may be suspended temporarily and without notice in circumstances of system failure, maintenance or repair and for other reasons beyond the control of TMO.
  4. You agree that TMO may, in its sole discretion, at any time terminate your access to the Service and any login(s) or account(s) you may have in connection with the Service.

4. Obligations

  1. To use the Service 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 the Service. 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 the Service.
  2. 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.
  3. You will use the information contained in the Service solely for Careers and Education Guidance purposes, and;
    1. As an Adviser you will use the information within the sphere of your competence.
    2. As a Data Subject (student or other information provider), you will use the website solely for your own personal use, to access your personal report and investigate related information.
  4. You will not disclose to any third party, any information personal or otherwise, contained within the Service.

5. Restrictions

  1. Your use of and activities upon the Service must not:
    1. be false, inaccurate or misleading;
    2. be offensive or menacing, abusive or defamatory;
    3. infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
    4. be fraudulent;
    5. be in breach of any applicable laws or regulations, licences or third party rights;
    6. be obscene or indecent;
    7. cause TMO to lose (in whole or in part) the services of any partner, internet service provider or other supplier;
    8. interfere in any way with the proper working of the Service and in particular you must not circumvent security, tamper with, hack into or disrupt the operation of the Service or surreptitiously intercept, access without authority or expropriate any system, data or personal information as defined in the Data Protection Act 1998;
    9. cause the Service to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Service is in any way impaired.
  2. 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.

6. Disclaimer

  1. Any information generated or output by the Service (“Information”) is provided for career guidance purposes only. Although Information is considered to be useful and accurate you are solely responsible for:
    1. ensuring that information input by you is accurate;
    2. taking or refraining from any action based upon Information.
  2. The Data may be updated at any time and the User is strongly advised to read the current Data each time it uses the Service or accesses the Data.
  3. The Service and Data is for general information purposes only.  TMO will provide the Service and the Data using reasonable skill and care. Although TMO has made all reasonable efforts to ensure that the information on the website is as full and accurate as possible, it does not purport that the data is fully comprehensive or accurate.
  4. The Service and Data are provided without warranty of any kind. TMO disclaims any warranties and representations, express or implied, including without limitation, any warranty of merchantability or fitness for a particular purpose, to the extent permitted by law.
  5. TMO is not responsible for the content of external internet sites that link to this site, or which are linked from it.

7. Viruses

  1. TMO will make all reasonable endeavours to exclude viruses (and similar destructive devices) from the Service but cannot guarantee the exclusion of viruses (and similar destructive devices) and you should, therefore, take appropriate steps in respect of this risk.

8. Limitation of Liability

  1. TMO makes no offer to supply any goods and/or services through the Service.
  2. Any request for goods or services made by you is subject to acceptance by TMO in accordance with applicable terms.
  3. TMO accepts no liability in contract, tort or otherwise including negligence for:
    1. inability to gain access to the Service as a result of routine or emergency maintenance on the Service or excessive demand for the Service.
    2. loss of Data including both data transmitted and other Data held by or on behalf of User.
    3. delay or failure in receipt of Data
    4. indirect or consequential losses arising from use of the Service including loss of revenue, business, anticipated savings or profits
  4. TMO aggregate liability in contract, tort or otherwise including negligence shall be limited to £10,000 in respect of one incident or series of incidents arising from a common cause in any 12 month period.

9. Data Protection

  1. By entering the Service as an Adviser you confirm that:
    1. You have obtained the Data Subject’s (i.e. student’s or other information provider’s) permission to access their personal information.
    2. Any such information is regarded as confidential and shall not be passed to any third party.
  2. Personal information provided to TMO is used in accordance with applicable data protection legislation. TMO is registered under the Data Protection Act 1998.

10. Linking

  1. No links to the Service may be used without TMO’s written permission.

11. Termination

  1. TMO reserves the right to revoke your permission to use the Service at any time, and any such use shall be discontinued immediately upon written notice from TMO.

12. Fair Use Policy

  1. A school/organisation website licence is valid for up to 1000 students during the 12 month period described by the licence, and must only be used by students or pupils physically attending a specific educational institution at a single site, or his/her parents, carers or advisers.  A student account can only be used by one student and is not transferable. On expiry of a licence all student accounts associated with that licence will cease to have unlimited access to the site.

13. Entire Agreement

  1. These Terms:
    1. represent the whole agreement and understanding between TMO and you in respect of the matters referred to herein; and
    2. 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.
  2. The remedies available to you are exclusively those available under these Terms.
  3. You acknowledge that by using the Service you have expressly agreed the provisions of this clause 12.

14. General

  1. TMO reserves the right to vary these Terms from time to time and you accept the varied Terms if you continue to use the Service after variation.
  2. 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.
  3. Services are provided from England, irrespective of your location.
  4. The User may not assign or delegate all or any of its rights and obligations under these Terms. TMO shall have the right to assign or transfer all or any of its rights and obligations at any time without notice.
  5. 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 named as a party to this Agreement.
  6. 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 the Service 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.

15. Applicable Law

  1. All rights and obligations under these Terms will subsist worldwide.  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.

16. Enquiries

  1. For general enquiries or if you experience problems with the Service or have any comments please telephone Technical Support on 0330 500 5000, email to support@morrisby.com or write to us at: The Morrisby Organisation Focus 31 North Cleveland Road Hemel Hempstead HERTS HP2 7EY

Updated: December 2015

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