Data Protection - Privacy

When accessing this web site, you may fall into one or more of the following categories:

1. You are a visitor to our site and are browsing and want to contact us to find out more information (“Visitor”);
2. You are a Thomas online client (“Online Client”);
3. You have been asked by a Thomas online client to complete an assessment on this website or provide other information relating to the recruitment process (“Candidate”).

How we handle your personal data depends on which category you fall into, as set out in the category below. We also have some information which applies to everyone – please scroll down further.

Visitor

As a visitor, you may contact us by email, telephone, or online response form. If you do this, we will keep the information you give to us to provide you with further information about our services. We will only share your information with our associate distributor for the country in which you appear to reside.

Online Client

As an online client, your information is protected by your user account. When you become an online client, you will be given a username and a password that protects your information. Your username identifies you as the individual to whom access to the information will be granted." Thomas will maintain the assessment and result data that is used by you for evaluative purposes. Thomas will endeavour to maintain the security of this data and information. We will never disclose this information to anyone except the user who subscribed to the service (unless we are required to do so by law).

Candidate

As a candidate, you may provide information in relation to an application to a recruiting employer. You may also complete questionnaires and tests (see below), either as part of an application, or as part of an internal assessment if you are already an employee. The information you give will be processed only by the recruiting employer, (and Thomas International, on their behalf), for the purpose of considering your application for employment with them, or for undertaking an assessment of your employment within the recruiting employer (if you are already an employee). If you are successful in your application (or if you are already an employee of the recruiting employer), all the information created within this application process will be retained in your HR file with the recruiting employer for such time as you are an employee and for up to 6 years after the end of your employment. Otherwise this information will be retained only for so long as it is required in connection with your application. By indicating that you agree with this, you are giving us (and the recruiting employer) your express consent to retain and process all the information contained in this application procedure and to transfer it to countries outside the European Economic area if required.

The recruiting employer may ask you to complete questionnaires and tests. By indicating your consent, you give both the recruiting employer and Thomas International your express consent to retain and process all the information obtained from such items and to transfer them to countries outside the European Economic area if required and to store the data on a web site server located elsewhere.

If you are already employed with the recruiting employer, your results may be used by the recruiting employer in later career development and/or job role changes and for discussion with managers and team leaders.

Everyone

Thomas International will not provide any personal information that specifically identifies you to third parties to use for direct advertising or promotional purposes.

Cookies

This site does use cookies, including flash cookies.

Cookies (including flash cookies) are small configuration files which our system asks your browser software (e.g. Internet Explorer, Safari or Firefox) to store on your computer for us. They enable you to use our services more easily, and to let us keep track of certain statistical information that helps us improve our website and related services. We use them to identify you so we can remember your preferences, and to track where you are if you are undertaking an assessment and lose the connection. If you delete them, or you set your browser not to accept cookies from us, you will need to re-set your preferences when you log into our system, and you will not be able to re-start an assessment where you left off, should you be disconnected.

Data Export

We may send the personal data stored in this site to countries whose data protection laws may not be as extensive as those in the European Economic Area (EEA). However, we have taken appropriate steps to ensure the same level of protection for the processing carried out in such countries as within the EEA.

Privacy Statement

The data we hold within our system is kept private. Only the following four potential groups of people have access to your information:

• The Administrator set up to manage an account. As long as you maintain the security of your username and password, nobody else, other than those listed below, may be able to access your information."

• Others to whom Company Administrators instruct us to send information. Within this site is the opportunity to have profile reports sent on to an email address. This is carried out at your risk and will rely upon you correctly entering the required email addressee.

• Where you a Candidate, we provide your information to a recruiting employer (see above) and process it on their behalf.
 
• Thomas International may, at times, undertake anonymous research using the data you have provided. This means that we might examine candidate scores in connection with statistical analysis of a large group of individuals who have completed our inventories. We will not contact you in this connection nor will our researchers. You will not be identified nor will you be identifiable in any such research that is carried out."

• We shall not pass on any information supplied by you to any other organisation unless required to do so by law.


Thomas International UK Ltd, Harris House, 17 West Street, Marlow, SL7 2LS Tel: +44 (0) 1628 475366 Web: www.thomasinternational.net

Re-issued 26th September 2011

TIUK_PRIVACY_V3.doc


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Data Protection statement for Thomas eRecruit

Consent under the data Protection Act 1998

Consent under the Data Protection Act 1998. The information given in this application will be processed only by the recruiting employer, (and Thomas International, on their behalf), for the purpose of considering your application for employment. If you are successful in your application, all the information created within this application process will be retained in your HR file with the recruiting employer for such time as you are an employee and for up to 6 years after the end of your employment. Otherwise this information will be retained only for so long as it is required in connection with your application. By indicating that you agree with this, you are giving your express consent to us and to the recruiting employer to retain and process all the information contained in this application procedure and to transfer it to countries outside the European Economic Area if required. Such countries may not have as extensive data protection standards as the UK.

The recruiting employer may ask you to complete other questionnaires and tests designed to assist in the recruitment process. By indicating your consent, you give the recruiting employer, and Thomas International your express consent to retain and process all the information obtained from such items and to transfer them to countries outside the European Economic area if required and to store the data on a web site server located elsewhere.
 
If employed, your results may be used by the recruiting employer in later career development and/or job role changes and for discussion with managers and team leaders.

The name of the Administrator acting as Data Manager for the recruiting employer is available on request. In case of query, contact webmaster@thomasinternational.net .


TI_e-Recruit_Candidate_DataProtection_20110726_V2.docx 26th July 2011


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THOMAS INTERNATIONAL UK LIMITED STANDARD TERMS AND CONDITIONS

Definitions:

“Thomas” means Thomas International UK Limited of the address stated overleaf.

“Buyer” means the person who buys or agrees to buy the Products from Thomas (as defined below).
 
“Products” means the assessment services, course materials, training services, and any other goods or services which the Buyer agrees to buy from Thomas whether bought directly in money, or indirectly through the purchase of units..

1. Telephone orders for Products are accepted on the condition that the Buyer confirms them either in writing or on an order form within seven days of the telephone order. Failure to meet this requirement will automatically cancel the order unless Thomas waives this requirement by providing a written order confirmation or issuing an invoice.

2. All prices shown on any price list or contained in any User Agreement are subject to change without prior notice.

3. All prices are exclusive of any applicable VAT which will be added at current rates.

4. Payment terms are net 14 days of receipt of the invoice date.

5. In addition to these Terms and Conditions, training services are subject to the Thomas terms and conditions for the provision of training current at the date of booking the course, a copy of which is available on request, or on our web site www.thomasinternational.net/TermsofUse.aspx.

6. In addition to these Terms and Conditions, services provided online (including assessments provided by means of printed questionnaires which are subsequently entered into the Thomas online system) are subject to the Thomas terms and conditions for the provision of online services current at the date of ordering the online services, a copy of which is available on request, or on our web site at www.thomasinternational.net/TermsofUse.aspx.

7. All intellectual property (including but not limited to copyright, database extraction right, trade mark rights) in the Products remains in the ownership of Thomas and its licensors. Nothing in these terms and conditions is intended to transfer any interest in such intellectual property to the Buyer.

8 Nothing in these Terms and Condition is intended to exclude or limit the liability of Thomas for death or personal injury caused by Thomas’s negligence, and for which Thomas is liable, or for Thomas’s fraudulent pre-contractual misrepresentation.

9. Subject to paragraph 8 above, Thomas expressly excludes liability for: (a) loss of profits, loss of anticipated savings, loss of staff time, loss of data (whether in each case such losses are direct or indirect) (b) any indirect, special or consequential loss.

10. Thomas warrants that services provided hereunder will be performed with reasonable skill and care, and that goods provided hereunder are of satisfactory quality. The Buyer accepts and acknowledges that if any services are used on a trial basis prior to the Buyer having undertaken appropriate training that the lack of training may lead to results being misinterpreted.

11. No part of the Products may be copied, reproduced or printed without the specific, prior written consent of Thomas.

12. Subject to paragraph 8 above, Thomas shall be under no liability if the total price for the Products has not been paid by the due date for payment. In such event, and without prejudice to any other right or remedy available to Thomas, Thomas shall be entitled to:

12.1 Cancel any order(s) or suspend any further deliveries or provision of Products to the Buyer.

12.2 Appropriate any payment made by the Buyer to such of the Products as Thomas may think fit (notwithstanding any purported appropriation by the Buyer) and

13. In any event but subject always to paragraph 8 above:-

13.1 Thomas shall be under no liability in respect of any defect in the Products arising from any design or specification supplied by the Buyer or any customisation provided at the Customer’s request;

13.2 Thomas shall be under no liability in respect of any defect arising from any act or omission of the Buyer, abnormal working conditions failure to follow Thomas’s instructions (whether oral or in writing) misuse or alteration of the Products without Thomas’s approval;

13.3 Subject as expressly provided in these Terms and Conditions (and in particular paragraph 8 above) and except where the Products are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977 as amended or re-enacted) all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

Other Conditions

14. Subject to paragraph 8 above, Thomas shall be under no liability in respect of any misuse of the Products where any one or more of the following applies:

14.1 Use by a non Thomas trained or authorised analyst.

14.2 Failure to follow fair codes of assessment as described in Thomas workbook manuals or provided orally at training courses.

14.3 Failure to verify that the person to be assessed understands the language to be used.

14.4 Failure to ensure that the person to be assessed is not prejudiced if he/she declines to complete the goods as laid down by Thomas.

14.5 Use of any of the goods in isolation, rather than against a benchmark or job analysis and in conjunction with an appraisals interview.

14.6 Use of the goods for clinical purposes.

14.7 Failure to explain procedures and practices to those being assessed prior to using the goods.

14.8 Disadvantage to any person who has a cultural, linguistic or specific disability.

14.9 Use of the goods in isolation to justify any decision.

14.10 Use of the goods to justify redundancy.

15. These terms and conditions are not subject to variation unless such variation is confirmed in writing by a Director of Thomas.

16. No waiver by Thomas of any breach of these Terms and Conditions by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.

17 Thomas shall not be liable for any failure to carry out its obligations under this agreement to the extent that such failure arises from circumstances beyond its reasonable control, including, but not limited to a failure of internet or other communications or utility infrastructure.

18. These Terms and Conditions and the Order Form and any other Contract entered between Thomas and the Buyer shall be governed by English law and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales. No third party shall be granted any rights under this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.


TIUKT&C_20110524

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THOMAS INTERNATIONAL UK LIMITED TERMS OF WEBSITE USE
This version: 1.0
Version date: 24 MAY 2011

1. This page (together with the documents referred to in it) sets out the terms and conditions that apply to your use of the website www.thomasinternational.net and www.thomas.co.uk and its related sub-domains (the website), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the website.

2. By using the website you indicate your acceptance of these terms of use and your agreement to abide by them. If you do not agree to these terms of use you should not use the website.

3. We reserve the right to amend these terms at any time. It is your responsibility to review these terms each time you agree to buy any goods or services via the website.

Information about us

4. www.thomasinternational.net is a website operated under licence to Thomas International UK Limited ("We"). We are registered in England and Wales as a limited company under company number 02518079 and have our registered office at Harris House, 17 West Street, Marlow, Buckinghamshire, SL7 2LS. Our VAT number is GB 538 0254 54.

Accessing the website

5. We reserve the right to withdraw or amend the website or any service we provide on the website without notice. We will have no liability or responsibility if for any reason the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website, or our entire website, to users who have registered with us.

6. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

7. When using the website, you must comply with the provisions of any acceptable use policy we publish on the website.

8. If you are registered as a business user of the website, you represent and warrant that you (the individual doing so) have the authority to do so and to bind any relevant legal entity on whose behalf you are acting.

9. You agree to indemnify (i.e. compensate) us for any loss, damage, cost or expense we suffer as a result of a failure by you to observe and comply with the conditions of these terms of use or any document referred to in them.

10. We reserve the right to suspend your access to the website or your registration as a user immediately if you fail to comply, or we have reasonable grounds to believe that you are failing to comply, with any of these terms of use or any document referred to in them.

Transactions concluded through the website

11. Nothing in this website is intended as a contractual offer for the provision of our goods or services capable of acceptance by you as principal or agent.

Cancelling your registration as a user

12. You can cancel your registration as user of the website at any time but this will not affect your obligations in relation to any services or information you have already received.

Intellectual property rights

13. We are the owner or licensee of all intellectual property rights in the website and the material published on it. Those works are protected by copyright, trade mark and other laws around the world. All such rights are reserved.

14. You may print off one copy, and may download extracts, of any page(s) from the website for your personal reference and you may draw the attention of others within your organisation to material posted on the website.

15. You must not use any part of the materials on the website for commercial purposes or for any other purpose not permitted by these terms of use without obtaining a licence to do so from us or our licensors, unless you have obtained the materials as an online client, in which case your use of those materials is subject to the terms and conditions applicable to the use of those products.

16. “Thomas” and the jigsaw piece logo are trade marks of Thomas International Limited, of which Thomas International UK Limited is a licensee.

Content of the website

17. Commentary and other materials posted on the website are not intended to amount to advice on which reliance should be placed. We will have no liability or responsibility for any reliance placed on such materials by any visitor to the website or by anyone informed of any of its contents.

18. You should not act or refrain from acting based on any information you obtain from this website unless you have taken appropriate specific advice from a suitably qualified individual.

19. We may change the content of the website at any time. If the need arises, we may suspend access to the website, or close it indefinitely. Any of the material on the website may be out of date at any given time, and we are under no obligation to update such material.

20. If you have any concerns about material which appears on the website, please contact webmaster@thomasinternational.net .

Our liability and status

21. Where you obtain products (including services) from us for which you have paid, the supply of such products is subject to our standard terms and conditions, which supersede the terms set out below.
 
22. The material and content displayed on the website is provided without any guarantees, conditions or warranties from us as to its accuracy. To the extent permitted by law, we and other members of our group of companies expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

23. We will not be responsible to you for:  any losses which are not a foreseeable consequence of an act or omission by us relating to the website. Losses are foreseeable where they could be contemplated by you and us at the relevant time you used the website  loss of income, revenue, business, profits, or contracts (whether direct or indirect)  loss of anticipated savings  loss of or corruption to data  loss of goodwill  wasted management or office time.

24. Regardless of the previous paragraphs in this section, if we are found to have any liability to you, that liability will be limited to £100.

25. None of the above affects our liability for death or personal injury arising from our negligence, nor for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

26. No agency, partnership, joint venture, employment relationship or franchise relationship is intended or created between you and us as a result of your use of the website or by you entering into any contract to buy Products.

Information about you and your visits to the website
 
27. We process information about you in accordance with our privacy policy which may be accessed at www.thomasinternational.net/TermsofUse.aspx . By using the website, you consent to that processing and you warrant that all data provided by you is accurate. Viruses, hacking and other offences

28. You must not misuse the website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the website, the server on which the website is stored or any server, computer or database connected to the website. You must not attack the website 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 may report any such breach to the relevant law enforcement authorities and disclose your identity and relevant personal details to them. In the event of such a breach, your right to use the website will cease immediately.

Links to and from the website

29. You may link to our home page provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, and does not suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The website must not be framed on any other website. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in any acceptable use policy we publish on the website.
 
30. Where the website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no liability or responsibility for them or for any loss or damage arising from your use of them. Jurisdiction and applicable law

31. The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by English law.

Variations

32. We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the website.

 
24th May 2011

Thomas International UK Limited Harris House, 17 West Street Marlow, Bucks SL7 2LS UK

webmaster@thomasinternational.net
t: +44 1628 475366


TIUK_Web terms_20110524_V1

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Thomas International UK Limited Standard Terms and Conditions for the Provision of Training Services and Seminars

1. Definitions
 
"Thomas” Thomas international UK Limited registered in England and Wales as a limited company under company number 02518079 with registered office at Harris House, 17 West Street, Marlow, Buckinghamshire, SL7 2LS

The "Buyer" The person (whether a company, partnership, LLP, individual or other entity) contracting with Thomas for Training Services or Seminars. An "Event" includes a course, seminar or conference organised by Thomas
 
"In-House" means an event organised by Thomas at the premises of, or premises organised by, the Buyer

A "delegate" is any person who attends an event pursuant to an order placed by the Buyer The "Fee" is the price agreed for the delegates to attend the event (and is quoted, unless expressly stated otherwise, as being exclusive of VAT)

2. Services

2.1 These terms and conditions are supplemental to the Thomas Standard Terms and Conditions, a copy of which is available on request, or which is available on the Thomas web site “www.thomasinternational.net/TermsofUse.aspx”. Where there is any conflict between these terms and conditions and the Thomas Standard Terms and Conditions, these terms and conditions shall prevail.

2.2 Thomas agrees to allow the delegate or delegates named in the Buyer's order to attend the specified event subject to these terms and conditions and the Buyer paying the fee.

3. Materials and Copyright

3.1 Thomas or its licensor holds the copyright and database right in any delegate lists it may provide. When the Buyer is provided with them they are given only for the purposes of enabling the Buyer to identify fellow delegates. The Buyer is expressly prohibited from copying them or entering the data comprised in them onto a computer system and the Buyer agrees to comply in all respects with the Data Protection Act 1998 in respect of such data. In particular, the Buyer acknowledges that Thomas does not have the consent of the individuals for the names to be disclosed to the Buyer for marketing purposes and that the Buyer is therefore not permitted to use or store the names for this purpose.

3.2 All books and materials supplied by Thomas are subject to copyright and other intellectual property rights and may not be copied, for any purpose, without express written permission from the copyright owner. Thomas tries to ensure that the information contained within the materials is accurate, but they are given as supporting material for events and are not a substitute for them. Information also tends to go out of date quickly. For this reason, the Buyer acknowledges that it should not rely on the contents of books or course materials provided by Thomas without verifying them.

4. Orders

Promotional material or advertising is not a contractual offer but is intended to give an indication of events that are in the planning stage. Accordingly, the agreement does not become binding until Thomas has accepted the Buyer's order (whether orally or in writing).

5. Description of Courses

5.1 Because of advances in business techniques and technology Thomas is constantly improving and refining its courses and seminars. For this reason, it cannot guarantee that any course or seminar covers all of the specific points referred to in its advertising or promotional literature or otherwise. The Buyer is advised to check if there are any specific points it wishes to see covered, whether or not the advertising or promotional literature refers to those points.

5.2 All public courses are non-residential and do not include overnight accommodation, but will include a midday meal, coffee and tea as appropriate.

6. Cancellation and Changes

6.1 Thomas may have to cancel a booking from time to time for a number of reasons. If it does so, it shall try to give as much notice as possible, and shall refund any money paid in respect of the cancelled course. Where a course is cancelled, Thomas shall normally give details of when and where Thomas is holding similar courses.

6.2 If a delegate fails to attend the Buyer will still be liable to pay the fee for that delegate.

6.3 The Buyer may make substitutions of delegates at any time without charge. Thomas cannot guarantee that any specific dietary requirements are catered for if given less than two weeks’ notice. Note that some courses build on the knowledge obtained in previous courses, in which case attendance at the subsequent course is limited to those who have attended the previous course.

6.4 A Delegate may transfer from a booked course to another equivalent course, provided that there is space on the second course, and that the request is made more than 21 days prior to the date of the booked course. There will be no charge for the first such transfer for a Delegate. Subsequent transfers will incur a booking fee as set out below.

6.5 Where a transfer to another course is requested within 21 days of the booked course, or in cases of non-attendance where the delegate still wishes to be trained, or where the transfer is the second or subsequent transfer, a rebooking fee as specified below will be chargeable before the new course date is confirmed:

6.5.1 Transfer fee for one day course: £125+VAT

6.5.2 Transfer fee for two day course: £175+VAT

7. Speakers

If Thomas names specific speakers it will do its best to ensure that they appear at the event in question. Thomas reserves the right to make substitutions from time to time with other speakers of comparable quality.

8. In-House

8.1 If the Buyer requests Thomas to implement an In-House event, the provisions of this clause 8 apply in addition to the other terms and conditions

8.2 Provision of Equipment and Location

8.2.1 Thomas will agree the Location for the Event with the Buyer. If the Buyer wishes to change the Location, Thomas may at its option cancel the Event without any liability to the Buyer, or charge additional expenses reasonably incurred (for example, travel and accommodation expenses) as a result of the change. If Thomas exercises its right to cancel, the Buyer will be liable for any of Thomas’s out-of-pocket expenses which it cannot recover.

8.2.2 Unless agreed otherwise in writing, the Buyer will be responsible for ensuring that the location is suitable for the Event, and will arrange refreshments (including midday meal) for delegates and speaker(s) and equipment. Thomas will give prior notification of the equipment required (for example, overhead projector, video projector, radio microphone and PA). In the absence of prior notification, the Buyer shall provide a video data projector with a six foot screen, and two flipcharts with stands.

8.3 Delegates

8.3.1 The Buyer shall provide to Thomas a list of delegates to enable Thomas to dispatch joining instructions and course materials. The Buyer shall provide this list at least 14 days prior to the event, unless another time period has been specified by Thomas.

8.3.2 Thomas may limit numbers of delegates to the number agreed (for example, because the event is a workshop which has been structured for a particular number of delegates, or because to allow extra delegates would dilute the utility of the event for the other delegates).

8.3.3 On occasion, Thomas may permit extra delegates to attend on the day of the event, in which case it shall invoice the Buyer for the extra delegates on a proportionate basis (in which case the Buyer may make one extra copy of the delegate materials for each extra delegate at its own expense, and subject to the licence restrictions contained within clause 3).

8.3.4 There will be no reduction in the fee if fewer than the agreed number of delegates appear on the day of an event. There will usually be no reduction in the fee for a reduced number of delegates although with sufficient notice Thomas may, at its absolute discretion, be prepared to consider a reduction in the fee or a rescheduling or restructuring of the event. If the Buyer wishes to cancel a booked event, the cancellation charge referred to in clause 8.3.5 below applies.

8.3.5 If, within 21 days of the date of the event, the Buyer wishes to cancel, or change the date of the event, Thomas will charge the following administration fee:

8.3.5.1 For a one day course: £350 plus VAT
8.3.5.2 For a two day course: £500 plus VAT

9. Accommodation and Transport Offers

From time to time Thomas may pass details to the Buyer of reduced accommodation or transport offers ("Offers") in conjunction with hotel or transport companies. Other than the fact that at the time the Offers were published, Thomas believed that they were (subject to availability) genuinely open to Buyers, Thomas makes no representations of whatever sort about any such offers. If the Buyer takes advantage of the offers, it contracts directly with the company in question and any queries or difficulties should be directed at them. Thomas is not an agent of any such companies, nor is it in partnership with them.

10. Car Parking and Transport

Where Thomas provides events other than In-House events it will usually provide information about transport and car-parking. However, these details are the best understanding of Thomas at the time it published the details and the Buyer is strongly advised to telephone the venue in question to check that the transport referred to or car parking will be available.

11. Catering and Special Needs

11.1 Where Thomas has agreed to arrange catering at an event, the Buyer must give at least two weeks’ notice if any delegate has specific dietary requirements, failing which Thomas may be unable to cater accordingly.

11.2 Thomas strives to ensure that any location chosen for an event is as accessible as possible. If, however, any delegate has special needs relating to accessibility or other aspects of the event the Buyer must give at least two weeks’ notice to enable Thomas to prepare any appropriate resources. The Buyer will meet the cost of any such resources where these are not taken into account in the quotation.

12. Location

On occasion, Thomas may be obliged to change the location of a specified event. It shall give the Buyer as much notice as possible and shall ensure that the new location is of a similar or better standard to the old one, and that it is located not far from the original venue.

13. Payment

13.1 The Buyer must pass on payment with order. Where cleared payment has not been received by the date of an event, Thomas may refuse delegates entry, although the full charge for that delegate remains payable.


24th May 2011

Thomas International UK Limited Harris House, 17 West Street, Marlow, Bucks SL7 2LS UK

info@thomas.co.uk
t: 01628 475366

TIUK_Training_Terms_20110801_V2

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Thomas International UK Limited Standard Terms and Conditions for the Provision of Online Services

1. Definitions

"Thomas” Thomas international UK Limited registered in England and Wales as a limited company under company number 02518079 with registered office at Harris House, 17 West Street, Marlow, Bucks, SL7 2LS.

“Administrator” A person nominated by the Buyer to whom Thomas grants administrator access to the Services.
 
“Assessment” The various products of Thomas as set out at /en-gb/ourassessments.aspx from time to time.
 
“Authorised User” A person authorised by an Administrator to access the Services (an Authorised User may also be an Administrator).
 
“Buyer” The person (whether a company, partnership, LLP, individual or other entity) contracting with Thomas for Training Services or Seminars.

“Candidate” A person requested by an Authorised User to access the Services for the purposes of competing an Assessment or (in the case of E-recruit) a person seeking employment with the Buyer.

“Credentials” Information relating to any person (such as an access code, username, password, or biometric data) designed to grant them access to the Services, and/or to authenticate their identity.

"Fee" is the price agreed with the Buyer for provision of the Services.

"Services" Services provided through the Thomas website or where relevant data are entered into the Thomas system through the Thomas website, including (but not limited to) the provision of Assessments.

“Units” Units purchased by the Buyer, where a certain number of Units permits access to a certain number of relevant Services as can be viewed in Admin Utilities/Purchasing/price chart. Units have no monetary value, are not redeemable on non-use, are not transferrable to third parties and are not available for the purchase of anything other than the Services.

2. Services
 
2.1 These terms and conditions are supplemental to the Thomas Standard Terms and Conditions, a copy of which is available on request, or which is available on the Thomas web site “/en-gb/TermsofUse.aspx”. Where there is any conflict between these terms and conditions and the Thomas Standard Terms and Conditions, these terms and conditions shall prevail.

2.2 Thomas hereby grants the Authorised Users authorisation to access the Services for the purpose of initiating and administering Assessments in accordance with these terms and conditions, subject to the Buyer paying the Fee (whether by deduction of Units or otherwise) and otherwise complying with its obligations under these terms and conditions. Where the Services are provided by means of software components running on the Buyer’s own systems, Thomas grants the Buyer a limited, non-exclusive copyright licence to use such components, such licence granting rights consistent with (but no more extensive than) the authorisation granted in this sub-clause 2.2 and terminating on termination of the authorisation.

2.3 Thomas may use sub-processors from time to time in its provision of the Services. Thomas will be liable for the acts and omissions of such sub-processors under this Agreement as if it performed such acts or omissions itself.

2.4 By administering and initiating Assessments, Buyers may grant Candidates authorisation to access the Services solely for the purpose of undergoing assessments.

2.5 Where Services are provided in exchange for Units, the relevant number of Units (will be deducted from the Buyer’s account).

3. Buyer’s Obligations

The Buyer:

3.1 shall not, and shall ensure that the Authorised Users shall not access or attempt to access to the Services other than through the URL supplied by Thomas;
 
3.2 shall not access any API providing access to the Services except where such API access has been explicitly granted by Thomas, and subject to the interface specifications supplied by Thomas from time to time;

3.3 shall ensure that all Authorised Users comply with the terms of this Agreement;

3.4 shall revoke the Credentials of any Authorised User where it believes that such Credentials have been compromised;

3.5 shall notify Thomas as soon as it becomes aware that the Credentials assigned to any Administrator have been compromised to enable Thomas to investigate the circumstances and withdraw (and replace) the Credentials;

3.6 shall follow, and ensure that Authorised Users follow, all reasonable instructions of Thomas in the use of the Services;

3.7 shall ensure that the Authorised Users have received appropriate training, and shall not allow anyone to attempt to conduct or interpret the results of any Assessment who has not had appropriate training; and

3.8 shall fully and effectively indemnify and hold harmless Thomas against all costs, claims, losses and expenses arising out of any claim from a third party arising out of any misuse of the Services or any breach of the foregoing obligations.

4. Materials and Copyright

4.1 Thomas or its licensor (Thomas International Limited and others) holds the copyright and database right in any and all material and services provided as part of the Services. The Buyer is expressly prohibited from copying any part of the Services (including its outputs) except to the extent necessary to receive the Services under this Agreement.

4.2 All books and materials supplied by Thomas are subject to copyright and other intellectual property rights and may not be copied, for any purpose, without express written permission from the copyright owner. Thomas tries to ensure that the information contained within the materials is accurate, but they are given as supporting material for events and are not a substitute for them. Information also tends to go out of date quickly. For this reason, the Buyer acknowledges that it should not rely on the contents of books or course materials provided by Thomas without verifying them.

4.3 Thomas may provide Assessment documentation on paper. The Buyer undertakes not to take copies of any such documents and only to use originals as provided by Thomas. The data provided by Candidates on such documentation is regarded in exactly the same way as data entered into the Services, once submitted to Thomas, and the Buyer’s obligations to any Candidate to whom it supplies paper documentation are the same as the obligations it has to Candidates making use of the Services directly.

5. Data Protection

5.1 This clause 5 is to be interpreted with reference to the definitions contained in the Data Protection Act 1998 (“the Act”)

5.2 Except where explicitly mentioned in these terms and conditions, Thomas is data processor of all personal data entered by Authorised Users and Candidates in the provision of the Services, and the Buyer is data controller. The Buyer acknowledges that personal data may be processed both (1) outside the European Economic Area and/or (2) by sub-processors and shall seek and obtain appropriate consent of all relevant data subjects to permit their personal data to be processed as contemplated by this Agreement, and in particular shall obtain their consent to the Privacy Policy www.thomasinternational.net/TermsofUse.aspx.

5.3 Where it acts as data processor, Thomas undertakes to act solely on the instructions of the relevant data controller, and to comply with the seventh data protection principle (security).
 
5.4 Thomas will co-operate with and provide reasonable assistance to the Buyer in relation to any subject access requests received by the Buyer. Where Thomas receives subject access requests relating to data of which Thomas is the data processor and the Buyer is the data controller, Thomas shall refer the subject access request to the Buyer. Thomas may charge the Buyer for handling subject access requests based on its usual time and materials rates (and without reference to the fee which may be charged by the data controller to the data subject under the Act). The Buyer shall indemnify and hold harmless Thomas against any claim from a data subject relating to a breach of the Act where Thomas is the data processor and is acting in compliance with clause 5.3 above. 5.5 The Buyer acknowledges and accepts that data provided to Thomas may be aggregated with other data and used for analytical purposes. Where it is used for analytical purposes, Thomas will ensure that the data are effectively anonymised prior to such use, and that no individual will be identifiable from the data once anonymised and aggregated.

6. Use of Assessments

6.1 The Buyer agrees and acknowledges that the results of Assessments are a tool to assist in Candidate (including employee) selection, retention, deployment and advancement, and are intended to be used as an aid by trained HR personnel. In particular, the Buyer undertakes that the results of Assessments are not to be used for redundancy selection.

7. Availability of Services

7.1 Thomas shall use reasonable endeavours to ensure that the Services are available at all times, but does not guarantee 24/7 uptime. The Client agrees and acknowledges that the Services will only be available where it maintains a sufficiently fast and reliable internet connection, and uses a browser environment which complies with Thomas guidelines published from time to time at www.thomasinternational.net . In particular, this may require the downloading of additional browser plug-ins to enable access to the content. Thomas is not responsible for such third party plug-ins and the Buyer is responsible for complying with any licence agreements which may apply to them.

7.2 The Buyer agrees and acknowledges that it is responsible for maintaining backups of its data, including those data held on Thomas systems.

8. E-recruit

Where Thomas provides the E-recruit service, the following additional terms apply:

8.1 The Buyer is responsible for ensuring that any job advertisements it prepares, any information it provides to Thomas and any recruitment process comply with all relevant laws and undertakes to fully and effectively indemnify Thomas against any cost, claim, expense or loss arising directly or from any failure so to comply.

8.2 The Buyer accepts and acknowledges that E-recruit is a tool which is intended to assist the Buyer in obtaining data about potential Candidates and in administering the recruitment process, and that it does not verify any of the information provided by the Candidates. The Buyer is responsible for verifying all information provided.

8.3 The Buyer grants Thomas a limited non-exclusive trade mark licence to use and reproduce the Buyer’s name and logo as supplied by the Buyer on web pages comprising the E-recruit portal, to the extent necessary for Thomas to provide the E-recruit Services, but no further.

8.4 The Buyer accepts that the privacy policy presented to the Candidate, as in www.thomasinternational.net/TermsofUse.aspx, is appropriate to the Buyer’s business, unless alternative wording is explicitly agreed between Thomas and the Buyer.

24th May 2011

Thomas International UK Limited Harris House, 17 West Street, Marlow, Bucks SL7 2LS UK

info@thomas.co.uk
t: +44 1628 475366


TIUK_Online services Terms_20110524_V1

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