Terms and Conditions
Terms and Conditions
This is one of TEREC’s Services. The use of the TEREC Servive is subject to the following terms and conditions. 1. Information on the TEREC Service. We will endeavour to ensure that all information on the TEREC Service is up to date and accurate . However some information is supplied to us by third parties and it is not possible for us to check the validity and accuracy of that information. We hereby exclude any liability however so arising from Information contained on the TEREC Service whether it belongs to us or has been obtained from you or any other party. 2. Use of the TEREC Service The TEREC Service and the contents contained herein must only be used for personal and non-commercial use, seeking of job opportunities and by employers for seeking potential candidates for vacancies that you may have. You will not use the TEREC Service for any unlawful purpose, post or submit on the TEREC Service any inaccurate, incomplete or false information this will include any biographical data about you (including your work status in the UK). You will not under any circumstances, without limitation, submit any material which contains a virus or other disabling devices which affect the operation of the TEREC Service or infringes the Intellectual Property rights or alters or deletes the Information which you are not authorised to access, or overload the TEREC Service by spamming or flooding or any other device or means which could cause the TEREC Service to crash, or attempt to decipher, disassemble or modify any of the software, coding or information of which the TEREC Service comprises, or any other actions which could affect our reputation. You are responsible for all information submitted by you to the TEREC Service and are responsible for the accuracy, completeness of such information and that it does not mislead or deceive or is discriminatory, defamatory, obscene, offensive, illegal or in breach of any regulations, legislation, rules and guidelines, codes of practice and that your information is not in breach of any Intellectual Property belonging to another party anywhere in the world. We reserve the right to remove any information from the TEREC Service at any time and for any reason without explanation. 3. Your Information Any information submitted by you, this will include without limitation any sensitive personal data, will be used to assist and progress, without limitation, the recruitment process, awards process and any other associated functions. This may involve, without limitation, the storing and processing of Information, publishing on the TEREC Service or forwarding such Information to potential employers, candidates and judges as appropriate. We reserve the right to utilise the Information that you have submitted to understand the users of the TEREC Service and to deliver an improved service. We will not disclose individual names or any other identifying information. By submitting your information you consent for us to use it as mentioned earlier in these terms and conditions.
We will ensure that Information submitted by you is processed with care and skill in accordance with UK data protection legislation and codes.
5. Registration and Passwords
To use the TEREC Service you will be given a user name and password. It is your responsibility to keep this information confidential and that it is not disclosed to anyone. You are solely responsible for all uses of your username and password. You must notify us immediately if you believe that your username or password is known to someone else. We accept no liability for any unauthorised or improper use of your username or password.
All Intellectual Property Rights and goodwill in or relating to the contents of the TEREC Service belong to George L Kerr or to our suppliers and is subject to protection of international software and intellectual property legislation. You must not use the TEREC Service or any part of it in a manner which infringes such rights. You may download, copy or print any of the information on the TEREC Service for your own personal use. No copying for any business or commercial use is allowed unless you have obtained our consent to do so in writing.
Terms of Business
Any services that we provide will be subject to our standard Terms of Business which will be made available to you upon or following registration.
8. Interruptions and Omissions
We will ensure that the TEREC Service operates at all times, but we make no warranties as to the availability or accessibility of the TEREC Service, and we will not be liable for any damages, loss, costs or expanses incurred by you as a result of any lack of availability or accessibility of the TEREC Service.
9. Disclaimer and Liability
The TEREC Service is provided on an "as is" and "as available" basis and only for general information or use. The TEREC Service or any Information contained therein does not constitute advice and should not be relied upon in making (or refraining from making) any decision. We hereby exclude any warranty, express or implied, as to the quality, accuracy, timeliness, completeness, performance, fitness for a particular purpose of the TEREC Service or any of its contents including, without limitation, any recommendations or view expressed therein. TEREC will not be liable for any damages (including, without limitation, damages for loss of business projects, or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the TEREC Service, or any of its contents, or from any action taken (or refrained from being taken) as a result of using the TEREC Service or any such contents. We make no warranty that the contents of the TEREC Service are free from infection by viruses or anything else which has contaminating or destructive properties.
You agree that, except for death and personal injury arising from our negligence, we shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with this Agreement, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).
You agree to indemnify us, and our officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use of the TEREC Service.
10. Links to other websites
The TEREC Service may contain links to other websites operated by parties who are wholly separate from TEREC. Such links are provided for your convenience and reference only and TEREC cannot be held responsible in any way for the content, operation or availability of such websites.
We may in our absolute discretion deny you access to the TEREC Service and/or terminate your registration at any time without notice or explanation.
By accessing the TEREC Service you agree to accept that these Terms are governed by and construed in accordance with the laws of Scotland. You also accept the exclusive jurisdiction of the Scottish Courts in relation to any dispute that may arise in connection with these Terms or your use of the TERECService or arising in any way from the Content.
TEREC Publication Scheme
For ease of reference TEREC’s Publication Scheme is structured as follows:
•Background and purpose of the Publication Scheme.
•Classes of Information.
•Making a request not covered in the Publication Scheme.
1. Background and Purpose
•1.1. The Freedom of Information Act 2000 ("the Act") gives a general right of access to all types of recorded information held by public authorities, sets out exemptions from that right, and places a number of obligations on public authorities.
•1.2. Pursuant to section 19 of the Act each public authority must adopt and maintain a publication scheme, setting out what information it will publish as a matter of course, how and when it will do so, and whether there will be a charge for the information.
•1.3. The purpose behind this requirement is to encourage organisations to publish more information pro-actively and to develop a greater culture of openness as well as to ensure a significant amount of information is available without the need for a specific request.
•1.4. TEREC is a private company limited by guarantee. It is a commercial organisation that applies its funds "to expand the opportunities available for all jobseekers into sustainable employment created within the TEREC Service and the communities it serves." The Company's operations are partly funded by Government. As such, the organisation is classified as a "Non Departmental Public Body" and agrees to comply so far as is possible with public sector policy and guidance.
•1.5. Whilst the Company supports the principles contained within the Act, it must be understood that the majority of its commercial operations are subject to confidentiality provisions.
•1.6. Employees and other persons retain the right of access to information about themselves under the Data Protection Act 1998.
Classes of Information
•2.1.1 This scheme refers to classes of information that TEREC publishes for use externally.
•2.1.2 The scheme is intended to provide guidance on finding information according to its type.
•2.1.3 Some of the material covered by the scheme is available on TEREC’s (contact details below).
2.2. Overview of approach to classes:
•2.2.1 TEREC’s publication scheme divides the information published into a number of classes.
•2.2.2 TEREC intends to publish as much information as is available where it may be of interest to the public. However, exemptions under the Act may prevent some information from being released. TEREC must also comply with the requirements of the Data Protection Act 1998, respect the privacy of individuals and comply with the principles of confidentiality as regards its commercial operations.
•2.2.3 If you wish to complain about the use of an exemption, please refer to the complaints procedure below for details of how to do so.
Listed below are classes of information that TEREC currently makes, or intends to make, available to the public. Classes appear in bold print and information available within those classes appears in Italics.
Information about TEREC’s financial performance which is published on a yearly basis. This material is made available to the extent that it remains in print. Some older reports may now be out of print.
Certificate of Incorporation, Memorandum and Articles of Association
Information that sets out TEREC’s constitution as a private company limited by guarantee.
•Availability: Hard Copy, from the Assistant Company Secretary
Code of Business Ethics
The Code that sets out the standards of corporate behaviour
•Availability: Hard Copy, from the Assistant Company Secretary
TEREC Board of Directors
•Availability: Hard Copy, from the Assistant Company Secretary. Within yearly annual report - see above
Disability Awareness Publications
From time to time TEREC publishes information relating to principle objective, namely, the expansion of opportunities for disabled people. These publications maybe of general interest and can be made available on request. The publications are produced on a regular basis and a current list can be obtained from the Assistant Company Secretary; copies of these publications can be made available.
Press releases covering items of general interest are available on the TEREC Service; these are usually current releases (being those within the last couple of calendar months).
•Availability: TEREC Service
3. Making a Request Not Covered by the Publication Scheme
•3.1. From May 2007, the Act will also apply to individual requests for information not available under the publication scheme. TEREC will have procedures in place for making decisions on these requests.
•3.2. From May 2007 you will be able to make a written request under the Act to TEREC for that information and, subject to any applicable exemption, you are entitled to be informed whether TEREC holds that information and to be supplied with that information.
•3.3. That written request must provide an address for correspondence and describe the information requested. Where a public authority reasonably requires further information in order to identify and locate the information requested and has informed the applicant of that requirement; the authority is not obliged to respond to the request.
•3.4. TEREC will respond to requests within 20 working days. However, under the Act fees may be charged in respect of the time spent efficiently locating or copying records, based on a standard hourly rate. No charges may apply in respect of the organisation considering requests. If a fee is required the authority must notify the applicant and where it has done so the 20 working days will be extended by up to 3 months until the fee is paid. If the fee is not paid there is no obligation to supply the information.
•3.5. However, in the meantime, if there is information you require which is not listed on this publication scheme you may still make a request pursuant to the Code of Practice on Access to Government Information which currently applies to TEREC and will continue to guide TEREC’s handling requests for information not available under our publication scheme.
•3.6.Please direct such requests to the Assistant Company Secretary. Please refer to Section 4 for contact details.
The Company Secretary has overall responsibility for the scheme on behalf of this organisation. The Assistant Company Secretary has day to day responsibility for dealing with requests for information and can be contacted at the address below.
17 Victoria Street
Tel; 01224 645085
Fax; 01224 645114
Mob; 07916 144460
Complaints should be referred to the Company Secretary; the contact details are as above.
•5.1 Our Policy is to be as open as possible and supply the information you have requested.
•5.2 However, as explained above in some instances you will find documents made available under this Publication Scheme will have gaps in the text. This is because the information falls within an exemption. Where this is the case the document will be clearly marked to show where information has been removed and the exemption used.
•5.3 If we refuse to supply all or part of any other information you have asked for we will write to you giving our reasons for refusal.
•5.4 If you are not satisfied with the reasons given you have the right to appeal to the Company Secretary who has overall responsibility for the scheme. The contact details are set out in section 4 above.
•5.5 You will also be able to apply to the Information Commissioner for a decision whether, in any specified respect, a request for information made by you has been dealt with in accordance with the Acts provisions in relation to access to information. Essentially this is asking the Information Commissioner to assess whether your request for information has been dealt with correctly under the Act.