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CITB Apprenticeship app terms and conditions

The terms and conditions governing the CITB Apprenticeship app

The CITB Apprenticeship app terms and conditions is effective from 28th November 2019.

By downloading or otherwise accessing the App you agree to the following terms and conditions of use:

You will comply with all applicable data protection legislation, including the Data Protection Act 1998, the General Data Protection Regulation (GDPR) (EU) 2016/679 and the Data Protection Act 2018. 

You acknowledge that for the purposes of all data protection legislation, you are the controller and CITB is the processor.

Although the data collected by you will be stored and kept secure by CITB, CITB will not access or use the data other than to enable the operation of the App.  CITB will not be responsible for managing the data collected on the App.  

You will be responsible for ensuring that all data subjects have given appropriate consent to the processing of all personal data by you and that you have suitable security measures in place on any equipment you use to meet the standards set out in the applicable data protection legislation.  

CITB will remove all data stored by it in relation to a construction project in the event that you do not use the App for a period of 6 months following completion of the applicable project.

1.1.       We are the Construction Industry Training Board, otherwise known as CITB (Registered Charity Numbers 264289 (England & Wales) and SC044875 (Scotland)), whose principal office is situated at Sand Martin House, Bittern Way, Fletton Quays, Peterborough, PE2 8TY (“We” “Us” or “Our”).

1.2.       We grant You a non-transferable, non-exclusive license to use the Apprenticeship App on Your device, subject to these terms and conditions, Our Privacy Policy, Our Acceptable Use Policy and any applicable App rules (which will be incorporated into these terms by reference).  We reserve all other rights.

1.1.       We have made every effort to ensure that the information contained within this Apprenticeship App is accurate. Its content should be used as guidance only and not as a replacement for current regulations, existing standards or as a substitute for legal advice and is presented without any warranty, either express or implied, as to its accuracy.

1.2.       We are not able to provide any guarantees about the accuracy of the data made available through the Apprenticeship App.

1.3.       We are not able to give any warranties as to the serviceability of the Apprenticeship App, nor can it guarantee any back up or recovery support. 

 1.4.       We are not able to guarantee the availability of the data on the Apprenticeship App and may stop, change or remove the Apprenticeship App (or the conditions of use) at any time and for any reason without giving any notice.

1.5.       We reserve the right to grant or restrict the access to certain features of the Apprenticeship App at any time to any user without previous notice.

1.6.       You will comply with all reasonable guidelines issued by CITB from time to time in relation to the use of the Apprenticeship App.

1.7.       The Apprenticeship App has not been developed to meet Your individual needs so it is Your responsibility to ensure that the facilities and functions of the Apprenticeship App meet Your needs.

1.8.       In no event will CITB be liable for any damages arising from the use of the Apprenticeship App or reliance upon its content.

1.1.       These are the terms and conditions on which We provide entry to Our Platform to enable access to and use of the Apprenticeship App.

1.2.   Please read these terms carefully before You register to use the Apprenticeship App. These terms tell You who We are, how You and We may use and terminate Your use of the Apprenticeship App, what to do if there is a problem and other important information.  If You think that there is a mistake in these terms or that they require any changes, please contact Us to discuss.

1.3.       We recommend that You print a copy of these Terms for future reference.

1.1.       You can contact Us by telephoning Our customer service team at [0344 994 4400] or by completing our Contact form.

1.2.       If We have to contact You We will do so by writing to You at the email address or postal address You provided to Us in Your Registration.

1.1.       The following terms and conditions apply to the access and use of the Platform:

"Agreement" means the Registration Form together with these Terms;

"Registration Form" means the online form completed by You providing Us with Your information to enable You to access and use the Platform;

"Commencement Date" means the date for commencement of the Services;

"Platform" means the operating system and programming language creating a framework where the Services can be accessed;

“Intellectual Property Rights” means any patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;

"Services" means the provision of Apprenticeship App by CITB accessed via the Platform;

"Terms" means these terms and conditions for the use of the Apprenticeship App and the supply of the Services;

 "User" means a person who registers to access the Platform.

1.1.       The completion of the Registration Form constitutes an offer by the User to register with Us in accordance with these Terms.

 We will email You to confirm Your registration. 

1.2.       If You do not agree to these terms, You must not use Our Platform.

1.3.       CITB reserves the right to refuse registrations in its sole discretion. 

1.4.       If We are unable to accept Your registration, We will inform You of this in writing.

1.5.       The Agreement constitutes the entire agreement between the parties. You acknowledge that You have not relied on any statement, promise, representation, assurance or warranty made by Us or on behalf of CITB, which is not set out in the Agreement.

1.6.       The Services are provided “as is” without any representation or warranty of any kind whether express or implied, including but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

1.7.       We do not warrant that the Platform will be uninterrupted, error-free or free from viruses.

1.1.       You shall refer all issues you have in connection with the registration or the use of the myAppCITB application via the ‘Help’ section within the app. Any further questions should be directed to your Apprenticeship Officer.

1.2.       If You wish to make a complaint, please do so by completing the following customer feedback form

1.1.       This Agreement shall commence on the completion of the Registration Form and shall continue in full force and effect until terminated.

1.2.       This Agreement may be terminated by Us at any point on 14 days’ notice.

1.3.       This Agreement may be terminated by Us with immediate effect if You commit a material breach.

1.4.       On termination of this Agreement for any reason, all licences granted to You under this Agreement shall immediately terminate.

1.5.       Any provision of this Agreement which is expressly or by implication is intended to come into or remain in force on or after termination will remain in full force and effect despite the expiry or termination of this Agreement.

1.1.       When You have completed Your registration, You will be able to access the Apprenticeship App using Your login details.

1.2.       You will have full access to the Apprenticeship App for the duration of Your apprenticeship and limited access for a further 12 months thereafter.

1.3.       We have the right to terminate Your access to the Apprenticeship App at any time if, in Our reasonable opinion, You have failed to comply with any of the provisions of these Terms.

1.4.       If You know or suspect that anyone other than You knows Your login details, You must promptly use the ‘reset password’ functionality within the app to secure it and immediately contact your Apprenticeship Officer to inform them of your suspicions that someone else may have access to you login details.

1.5.       The Platform is supported on most Web browsers and mobile devices.  It is Your responsibility to ensure compatibility of software.

1.1.       We may change the Apprenticeship App to accommodate changes in relevant laws and regulatory requirements and/or to implement minor technical adjustments and improvements, for example to address a security threat. 

1.1.       We may amend these Terms from time to time. Please check these Terms to ensure You understand the Terms that apply at that time.

1.2.       We may update and change the Services from time to time.  We do not guarantee that the Services, including any of the content, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Services for business and operational reasons. We will try to give You reasonable notice of any suspension or withdrawal.

1.3.       You are also responsible for ensuring that all persons who access the Services through Your internet connection are aware of these Terms of use and other applicable terms and conditions, and that they comply with them.

1.4.       The Services are directed to people residing in the United Kingdom. We do not represent that the Services are appropriate for use or available in other locations.

1.1.       We are the owner or the licensee of all intellectual property rights in or arising out of or in connection with the Services, including in connection with any Materials published in connection with the Services. Those works are protected by copyright laws and treaties around the world.  All such rights are reserved. 

1.2.       Except as expressly stated herein, this Agreement does not grant You any rights to, or in, patents, copyright, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other Intellectual Property Rights in respect of the Services.

1.3.       You must not use any part of the content of the Apprenticeship App for commercial purposes.

1.4.       All Our rights are reserved. No part of the Apprenticeship App may be reproduced, reverse engineered, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission in writing from CITB save that it may be read, saved and printed by the original recipient, for whose private use it was originally licensed.

1.5.       The unauthorised copying, lending or resale of the Apprenticeship App and any associated materials is strictly prohibited.

1.6.       If You use any part of the Services in breach of these Terms and Conditions, Your right to use Our Platform will cease immediately.

1.1.       Where We provide links to other sites and resources provided by third parties not owned or operated by Us, these links are provided for Your information only.  We have no control over the contents of these sites or resources.  We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any content of any such site or goods or services available through any such site.

1.1.       Subject to Clause 15.2, We will not be liable to You in contract, delict (including negligence) or otherwise arising out of or in connection with this Agreement or for any breach of the terms of this Agreement.

1.2.       Nothing in this Agreement will exclude or limit Our liability for death or personal injury caused by negligence; (ii) for fraud; or (iii) for any other liability which cannot be excluded by law.

1.3.       We accept no responsibility for any loss incurred as a result of Your use of Our Platform. The copyright of all documentation, materials and resources rests with Us or the developer thereof and We shall not be held responsible for any infringements as a result of plagiarism, libel, slander, misuse of material or any other breaches of third party rights.

1.1.   Our Privacy, which explains Your legal rights and how We use Your personal data, and Our Cookie Policy, which sets out information about the cookies We use, may be found in Our Privacy Policy.

1.2.       We will only use Your personal information as set out in Our Privacy Policy.

1.1.       You will comply with all applicable data protection legislation including the General Data Protection Regulation (GDPR) (EU) 2016/679 and the Data Protection Act 2018.

1.2.       You acknowledge that for the purposes of all data protection legislation, You and CITB are independent controllers.

1.1.       We do not guarantee that Our Platform will be secure or free from bugs or viruses.

1.2.       You are responsible for configuring Your information technology, computer programmes and platform to access Our Platform and Services. You should use Your own virus protection software.

1.3.       You must not misuse Our Platform and/or Our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Platform, the server on which the platform is stored or any server, computer or database connected to the platform.  You must not attack Our platform via a denial-of-service attack or a distributed denial-of service attack.  By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990.  We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing Your identity to them.  In the event of such a breach, Your right to use Our platform and/or access Our Services will cease immediately.

1.1.       We may at any time assign, transfer, subcontract or deal in any other manner with all or any of Our rights under the Agreement and may subcontract or delegate in any manner any or all of Our obligations under the Agreement to any third party, representative, employee or agent.

1.2.       You shall not, without Our prior written consent, assign or otherwise transfer any of Your rights or obligations under this Agreement.

1.1.       We shall not be liable for any delay in performing or failure to perform its obligations under these terms due to any cause outside Our reasonable control. Such delay or failure shall not constitute a breach of this Agreement and the time for performance of the affected obligation shall be extended by such period as is reasonable.

1.1.       Neither You nor We shall, in performing the Services or Our respective obligations under the Agreement, hold ourselves out or permit any person to hold itself out as being authorised to bind either You or Us in any way and will not do any act which might reasonably create the impression that it is so authorised.

1.1.       If and in so far as any part or provision of these Terms is or becomes void or unenforceable, it shall be deemed not to be, or never to have been or formed, a part of the Terms and the remaining provisions shall continue in full force and effect.

1.1.       The failure of either You or Us to exercise or enforce any right conferred on either You or Us by these Terms shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter.

1.1.       These Terms are not intended to create, nor shall they create, any rights, entitlement, claims or benefits enforceable by any person that is not a party to them.

1.1.       These terms of use, their subject matter and their formation (and any non-contractual disputes or claims), are governed by the laws of England and Wales.

1.2.       You and We both agree that the courts of England and Wales will have exclusive jurisdiction.

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