Terms of Use

1.0 Definitions

"A&DC", "we", "us", "our" means Assessment & Development Consultants Limited, whose registered address is at 1-3 Ship Street, Shoreham-by-Sea, West Sussex, BN43 5DH and whose Registered Number is 2202841;

"Client" or "Clients" means the company, organisation, business, individual or any other person (legal or natural) purchasing our Materials and/or Services (who may, or may not, also be a Registered User);

"Participant" or "Participants" means the individual who engages in completing the assessment tests, surveys, questionnaires or other products on the Website at apolloassessment.adc.uk.com for the purposes that are published from time to time;

"Registered User" or "Registered Users" means an individual who is registered with A&DC as qualified to purchase and use all or some of the Materials provided via the Services and who has a valid registration number issued by us;

"Project Coordinator" or "Project Coordinators" means a person who is nominated by a Registered User to administer all or some of the Materials provided via the Services under the supervision of a Registered User employed in the same organisation, or another organisation if agreed in writing by us, but who is not authorised to view results;

"You", "your" or "yours" means the Website user or visitor where the Website user or visitor could also be a Client, Participant, Registered User or Project Coordinator, except where stated or where the context requires otherwise;

"Material" or "Materials" means all assessment tests, surveys, questionnaires, other products, information, documents, communications, files, text, graphics and software available via the Service;

"Service" or "Services" means the A&DC assessment service for the electronic delivery, administration and scoring of test instruments and any ancillary services available via the A&DC Apollo Websites at apolloadmin.adc.uk.com and apolloassessment.adc.uk.com;

"Website" or "Websites" means the websites at www.adc.uk.com, apolloadmin.adc.uk.com and apolloassessment.adc.uk.com, which are owned and operated by The A&DC Group Ltd, whose registered address is at 1-3 Ship Street, Shoreham-by-Sea, West Sussex, BN43 5DH and whose Registered Number is 5566781.

1.1 The headings in these Terms of Use are for convenience, and do not affect their interpretation.

2.0 Introduction

A&DC hereby grants you access to this Website, where authorised and agreed by us, conditional upon your agreement to accept the application of local, state, national and/or international law or any regulations having the force of law to govern matters between us in relation to this Website. This Website is protected by international copyright and other proprietary rights laws. Access to the Website, Materials and Services is also subject to the terms and conditions set out in this document and any changes to this document that A&DC may publish from time to time (the "Terms of Use"). By accessing or using the Website in any way, including, without limitation, use of any of the Materials and Services, or merely browsing the Website, you agree to and are bound by these Terms of Use.

By using this Website, including all or some of the Materials and Services made available through it, you agree to adhere to the conditions set out under our Copyright Statement, Disclaimer and Privacy Policy. If you purchase all or some of the Materials and Services, then that purchase is subject to our Terms of Business. As a user of our Materials and Services, you also agree to follow our Guidelines for Ethical Use of Tests and Questionnaires.

IF YOU DO NOT AGREE TO THESE CONDITIONS, PLEASE DO NOT USE THIS WEBSITE.

3.0 Intellectual Property

This Website and all content contained herein, including the Materials and Services and/or intellectual property created by A&DC in the course of the performance of our Services or the Contract or otherwise, are proprietary to, and are the sole property of, A&DC.

"Intellectual property" means any and all intellectual property rights of any nature including patents, rights to inventions, utility models, copyright and related rights, future copyright, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, registered designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how, trade secrets and business methods) and any other intellectual property rights (including but not limited to any images, photographs, animations, video, music, text, and 'applets' incorporated therein), in each case whether in existence now or coming into existence in the future, registered or unregistered and including all applications for and renewals or extensions of such rights, rights to apply for registration, and all similar or equivalent rights or forms of protection in any part of the world.

4.0 User Conduct

In using the Website, including all Services and Materials available through it, you agree to comply with the following rules of conduct:

(a) Not to post, download for commercial gain, upload, or otherwise transmit any viruses or other harmful, disruptive or destructive files on or through the Website;

(b) Not to interfere with the security of, or disrupt or otherwise cause harm to the Website, or to any of its associated Materials and Services, its system resources, passwords, servers, or networks connected to or accessible on or through the Website;

(d) Not to use or try to use another person's or entity's account, identity, password, service, or system without express authorisation from A&DC;

(e) Not to intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;

(f) Not to post on or otherwise transmit through the Website any explicit or obscene language; language which infringes anyone else’s intellectual property rights; discussions of illegal topics; personal attacks on other individuals; personal information about any minors; or other information that A&DC, in its sole discretion, deems to be inappropriate for the Website.

5.0 User Registration

Where use of the Website or the Materials and Services made available through it requires user registration, you will be asked to provide certain registration information (the "Registration Data"). In completing the registration process, you agree to:

(a) Provide accurate, complete and up-to-date information about yourself as required on the registration form;

(b) Maintain your Registration Data reasonably to keep it accurate, up-to-date and complete.

You are responsible for maintaining the confidentiality of your Registration Data. You agree to notify A&DC immediately of any unauthorised activity using your Registration Data or if you suspect that the confidentiality of your Registration Data has been breached.

You must keep your login and password details strictly confidential and secure at all times; do not disclose them to anyone or allow anyone else to use them. A&DC cannot be held responsible for any use made of this Website and/or the Materials and Services as a result of you not keeping your login and/or password details secure and confidential.

6.0 Violation of Rules and Regulations

A&DC reserves the right to seek all remedies available in law and equity for violations of all rules and regulations set out in this Website, including the right to block access from a particular Internet address to the Website. A&DC reserves the right, at its sole discretion, to terminate or suspend your use of the Website, terminate or suspend your account and refuse any current or future use of the Materials and Services if it believes in good faith that you have knowingly failed to comply with these Terms of Use.

7.0 Website Operation

This Website is operated by The A&DC Group from the United Kingdom. A&DC makes no representation that the information in the Website is appropriate or available for use in other locations, and access to the Website from territories where the contents of the Website may be illegal is prohibited. Those who choose to access this Website from other locations do so using their own initiative and are responsible for compliance with applicable local laws.

8.0 Severability/Waiver

If any provision of these Terms of Use is declared unlawful, void, or unenforceable, then that provision shall be limited to the extent enforceable, or otherwise severed, and will not affect the validity and enforceability of the remaining provisions. Our failure to act with respect to a breach by you or others does not waive our rights to act with respect to subsequent or similar breaches.

9.0 Entire Agreement

These Terms of Use, together with our Terms of Business, Disclaimer, Copyright Statement and Privacy Policy constitutes the entire agreement between you and us in relation to your use of our Website, Materials and Services, and supersedes all previous agreements in respect of your use of our Website, Materials and Services.

10.0 Law/Jurisdiction

These Terms of Use will be governed by and construed in accordance with English law, and any disputes relating to these Terms of Use will be subject to the non-exclusive jurisdiction of the Courts of England and Wales.

11.0 Changes

A&DC retains the right to change these Terms of Use by placing an updated version on this page. Reviewing this page regularly ensures that you are always aware of our Website policies. Your continued use of the Website, or any Materials or Services accessible through it, after such an updated version has been posted on this page constitutes your acceptance of the changes.

Version 2.0
August 2009