Adjutor Terms & Conditions (Website)

These are the terms and conditions subject to which you may use the websites operated and provided by Adjutor. These terms and conditions also explain how Adjutor uses any Personal Data (as defined in the Data Protection Act 1998 ("the Act")) you forward to it and what your obligations are in relation to such Personal Data.

By accessing, using and downloading the Websites you are indicating your acceptance to be bound by these terms and conditions ("the Agreement") and you re-affirm that acceptance every time you access the Websites.

Address:
111 Ewenny Road
Bridgend
CF31 3LN
United Kingdom
Telephone: +44 (0)1656 658456
Email:  enquiries@adjutor.co.uk

This Agreement is governed and construed in accordance with English law. You and ADJUTOR each submit to the non-exclusive jurisdiction of the English courts in relation to disputes arising out of this Agreement.

Browse at your own risk
Please note that you access and use the Websites at your own risk. ADJUTOR is not responsible for any type of loss or damage which you may sustain as a result of accessing and using the Website. ADJUTOR assumes no responsibility for the contents of any other Websites to which the Website has links and if you access any such linked Websites you do so at your own risk. ADJUTOR's inclusion of links to such websites does not imply any endorsement by ADJUTOR of the materials on such Websites. ADJUTOR does not permit any third party to operate a link to any of the Websites nor does it permit any third party to frame the Websites without obtaining ADJUTOR's prior written consent.

The Websites are accessed via the world-wide web ("WWW") which is independent of ADJUTOR. Your use of the WWW is at your own risk and subject to all applicable national and international laws and regulations. ADJUTOR has no responsibility for any information or services obtained by you on the WWW. ADJUTOR reserves the right to modify, supplement, move or delete portions of or add to the Websites at any time with or without notice.

Intellectual Property
All copyright and other rights (including database rights, trademarks (whether registered or unregistered) and all other intellectual property rights) in and to the Website and their contents (which for the avoidance of doubt shall include all information contained in or available from the Website ("the Contents")) are owned by or licensed to ADJUTOR or are otherwise used by ADJUTOR as permitted under applicable laws. Unless ADJUTOR explicitly states otherwise in writing, you may use, view, download, copy or print textual or graphic content of the Website provided that it is solely used by you for the purpose of enquiring about the services provided my ADJUTOR and provided that you do not change or delete any copyright, trademark or other proprietary notices on such content. Under no circumstances may you use any Content in a manner that may give a false or misleading impression of ADJUTOR.

You agree not to copy, reproduce, store in any medium (including in any other websites), distribute, transmit, modify, alter, disseminate, create derivative works from all or any part of any of the Website or edit any part of any of the Website other than as permitted above without obtaining ADJUTOR's prior written consent.

Specific Prohibitions
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website nor may you attempt to decipher, de-compile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any of the Website.

You agree to use the Website for lawful purposes only and in a manner that does not infringe the rights of, or restrict the use of any of the Website by, any third party.

Liability
The Website and the Contents are provided for general information purposes only and whilst ADJUTOR has taken every care in the preparation of the Website and the Contents, ADJUTOR cannot guarantee that the Contents will be completely up to date and free of mistakes. To the extent permitted by applicable law ADJUTOR makes no warranties, representations and/or undertakings (express or implied) in respect of the Website and the Content (including the accuracy, reliability, suitability, quality, availability or completeness thereof). ADJUTOR excludes all liability (other than for death or personal injury caused by its negligence) in relation to the Websites and the Contents, whether such liability arises in contract, tort, negligence, breach of statutory duty or otherwise (including, without limitation, liability in respect of any losses, damages, costs or expenses of any nature whatsoever incurred or suffered by you of an indirect or consequential nature, such as loss of profits, data, business or goodwill). ADJUTOR makes no claims or representations that any or all of the Contents may be lawfully viewed or downloaded outside England and Wales and unless otherwise specifically stated, the Contents and this Website are directed solely at consumers and/or businesses who access this Website from England and Wales. Access to such materials may not be legal by certain persons or in certain countries. If you choose to access the Website from outside England or Wales, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Computer Viruses and Errors
Whilst ADJUTOR will use reasonable endeavours to ensure that the Website does not contain or promulgate any errors, viruses, bugs, other malicious code or harmful components and will be uninterrupted ADJUTOR makes no warranty or representation that this will be the case. However it is recommended that you should virus check all materials downloaded from the Website and regularly check for the presence of errors, viruses, bugs, other malicious code, and harmful components.

ADJUTOR excludes to the fullest extent permitted by applicable laws all liability (other than liability for death or personal injury caused by ADJUTOR's negligence) in connection with any damage or loss caused by errors, viruses, bugs, other malicious code or harmful components originating or contracted from the Website and any interruptions in the running of the Website.

Termination
ADJUTOR shall have the right to immediately terminate your use of the Website if ADJUTOR determines in their sole discretion that you have breached these terms and conditions or have otherwise been engaged in conduct which they determine in their sole discretion to be unacceptable.

Feedback
Should you wish to make any comments to ADJUTOR about the Website or if you have any questions relating to the same please contact ADJUTOR by email on admin@adjutor.co.uk or writing to ADJUTOR at the above address or telephoning ADJUTOR on the above telephone number.

Personal Details
ADJUTOR may require certain details and Personal Data from you, including without limitation your name and email address. This policy is in relation to these details and any other Personal Data which ADJUTOR subsequently collects from you or about you (collectively "the Information").

Use and Disclosure of the Information and Client Information
ADJUTOR will use the Information in a variety of ways, some of which will assist and enable ADJUTOR to provide its services to its clients and prospective clients. This may include for example, ADJUTOR contacting you directly to monitor progress and to inform you of progress on specific projects.

ADJUTOR may also in its sole discretion retain the Information and use it for direct marketing services, e.g. ADJUTOR may send marketing information to you. You information will never be passed on to other companies.

ADJUTOR reserves the right to report any activity which ADJUTOR suspects violates any relevant laws or regulations to the appropriate authority. If ADJUTOR is requested by such authority for the Information ADJUTOR reserves the right to disclose it to them.

You shall indemnify and keep ADJUTOR and ADJUTOR's directors, officers, employees and agents fully indemnified against all actions, claims, proceedings, costs and damages (including any damages or compensation paid by ADJUTOR on the advice of its legal advisors to compromise or settle any claim) and all legal costs or other expenses arising out of any breach of any representations, warranties and/or undertakings or out of any claims by a third party based on any facts which if substantiated would constitute such a breach.

Security
All Information will be kept as confidential and as secure as possible through the use of ADJUTOR's secure server software. This means that the Information can only be exchanged between you, ADJUTOR and any third party to whom ADJUTOR decides to transfer the Information to for the purposes detailed above. Furthermore as required by the Act ADJUTOR follows strict security procedures in the storage and disclosure of the Information which you have given to ADJUTOR, to prevent unauthorised access.


ADJUTOR uses industry standard practices to safeguard the confidentiality of the Information including "firewalls" and Secure Socket Layers. ADJUTOR treats the Information as an asset that must be protected against loss and unauthorised access. ADJUTOR employees use many different security techniques to protect the Information from unauthorised access by users inside and outside the company. However, "perfect security" does not exist on the Internet.

Cookies
All Websites operated by ADJUTOR use cookies, however these cookies do not contain any Personal Data. Any time any individual uses any ADJUTOR website, such use will be subject to cookies unless the individual rejects them. For further information on ADJUTOR's use of cookies, please contact ADJUTOR as set out above.

Individual's Rights
Under the Data Protection Act 1998 all individuals are entitled on the payment of a fee, to be given from ADJUTOR a description of all Personal Data ADJUTOR holds about the individual, the purposes for which this is being processed and the recipients to whom this may be disclosed. All such individuals also have the right to have communicated to them in an intelligible form the information constituting the Personal Data and any information available to ADJUTOR as to the source of that Personal Data. If you require any further information on this point, please contact ADJUTOR as detailed above.

General
ADJUTOR reserves the right to vary the terms and conditions of this Agreement from time to time. Such variations become effective immediately upon the posting of the varied Agreement on the Website. By continuing to use the Website after such posting you will be deemed to accept such variations. You should visit this page periodically to review the terms and conditions of this Agreement because they are binding on you.

In the event that any term of this Agreement is held to be invalid, unlawful, void or for any reason unenforceable, that term shall be deemed severable and the remainder of this Agreement shall remain valid and enforceable. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

Except as expressly provided in additional terms of use for areas of the Website, this Agreement constitutes the entire agreement between you and ADJUTOR with respect to your use of the Website. Where such areas are subject to additional terms of use, by using such areas or any part thereof, you agree to be bound by such additional terms applicable to such areas.

For the avoidance of doubt nothing in these terms and conditions shall confer on any third party any benefit or the right to enforce any terms contained herein.

Terms & Conditions (Tutors)

Set out below are the Terms and Conditions and Code of Conduct for interaction with, participation in and membership of the Adjutor. “Members” in the following Terms and Conditions means Training Providers who have registered on the Adjutor web-site and have been accepted as Adjutor Training Providers.

TERMS AND CONDITIONS

The terms set out immediately below relate to the general arrangement for all Members of Adjutor including the web site at www.adjutor.co.uk or any other related Adjutor web site or partner. The terms and conditions set out here are intended to be as comprehensive as possible but by the very nature of emerging and evolving law, business conditions and best practices must not be regarded as set in stone.

User / Membership
A user is someone who has registered on the Adjutor database, has been granted permission to use parts of the Adjutor web sites and is able to log in and amend their details.

A Member is a User who is listed on the Register of Members of Adjutor with a link to a profile.

When an individual uses the Register form on the Adjutor web site, s/he makes an application to become a User of the Adjutor web sites. User permission is not automatically granted and any User permission granted, whether temporary or otherwise, may be withdrawn (Adjutor reserves the right to refuse an application to register (refuse to supply services)). In certain circumstances where there is uncertainty about an application, Adjutor may seek references before granting a User permission. Web site User permission is required to be able to gain access to facilities and is usually granted within 24 hours of application.

Membership of Adjutor or its services may be temporarily suspended whilst investigations are carried out into Member activity that is deemed by Adjutor to contravene the terms laid out here and elsewhere or whilst a complaint involving that Member is being investigated.

A Member can modify (make changes to) their profile entry in Edit Profile page on the Adjutor web site. All Member modifications are reviewed by Adjutor. Adjutor reserves the right to review Member details. A Member's entry on the database is not transferable, as such the modification of a profile from one person to another is not permitted (the original User/Member should request deletion from the system and the new User/Member should join in their own right).

In compliance with the Data Protection Act, Adjutor operates a Suppression List. Members who directly request to be removed from the Adjutor database, have all their personal details and associated files and or information deleted from the active database, and their name and email placed on a suppression list. This ensures that the Adjutor does not re-contact via other methods as the suppression list is checked for marketing purposes. Members will also be placed on the suppression list for a number of other reasons. These include:
  • purging of all dormant Users,
  • returned emails,
  • non compliance with data cleaning requests including confirmation of profile details, or
  • contravention of terms of the site.
A Member wishing to rejoin the directory (have his or her name and email removed from the suppression list) should apply by email indicating how the situation has changed. Automatic re-instatement is not guaranteed. Perceived misuse of the suppression list will result in a denial of re-instatement.

Membership Subscriptions
User name and telephone number of a Trainer will be visible on the Register of users and members.
  • Facilities and benefits available to Members include:
  • unlimited access to the resource downloads
  • read and respond to Opportunities posted
  • discounts on products and services
A biography consists of a mini web site within the Adjutor domain within which a Member can showcase themselves.

A one-off subscription is required when registering as a training provider. Payment is taken in advance.

Members of Adjutor may cancel their membership at any time. This will result in their removal from the database. If cancelled in the first 3 months, a refund of 50% of the subscription value will be paid. If cancelled in the second three months a refund of 25% of the subscription value will be paid. If cancelled in the third or fourth three months, no refund will be offered. Please note attempting to use a chargeback facility via the credit card payment systems to gain a refund incurs a cost to Adjutor and may be seen as non acceptance of these terms and conditions. The Adjutor reserves to right to recover such charge back fees and sanction Members for such activity. Adjutor accepts payment by cheque. If you would like to pay by BACS please email info@adjutor.co.uk for details.

Right to Work
Adjutor takes no responsibility for determining whether a Member has a right to work in any particular country. The Adjutor recommends that a business or individual hiring a Member of Adjutor, investigates the Members right to work.

Personal Information
In accordance with the Adjutor Code of Conduct, Users and Members found with questionable information will have their profile disabled, pending a review of the data held. Members who have a suspect e-mail address (indicated by messages being bounced back as undeliverable) will be periodically removed from the Adjutor database. These Members will need to contact Adjutor to be able to gain access to certain elements of the Adjutor web site. Membership data held on the system in a profile is the responsibility of the named individual.

Members found abusing the facilities on the database will be removed.

Privacy
Adjutor will take appropriate steps to protect Member privacy. Whenever Members provide sensitive information, Adjutor will take all reasonable but no more than reasonable steps to protect it. Adjutor will also take similar reasonable but no more than reasonable security measures to protect all personal information in storage.

A Member's name, email address and other information will be available to other Members in certain circumstances.

A Member can request to have their details removed (made invisible) from the site whilst still remaining registered. Adjutor will endeavour to comply with this request within 24 hours. Adjutor cannot be held responsible for Member details being copied or cached by other search engines, web sites, companies or individuals and where the removal of personal information is outside the control of Adjutor.

Adjutor will not provide any personal information to other companies or individuals without Members' permission. However, Adjutor may need to provide name and address details to third parties that it uses for the purposes of delivering specific services to Members (e.g., online support).

Other payments
Adjutor offers services that require other payment including learning and development events and conferences. Payments for these services constitute a confirmation of attendance and determine whether an event will go ahead. Cancellation of attendance prior to an event being confirmed will result in the option for a refund. Cancellation of attendance after an event has been confirmed as going ahead (subject to statutory rights) will result in the payment being non-refundable. Attendance can be transferable to another person providing Adjutor is notified.

WEB SITES
The terms set out immediately below are relevant to a Member's interaction with the Adjutor web site. The terms and conditions set out here supersede any conditions expressed or implied within the membership controlled parts of the web site.

Adjutor cannot not guarantee the functionality of its web sites and makes no promise on client browser compatibility. Visitors to the site do so at their own risk and Adjutor will not be responsible for the loss of any input during a visitor session. Adjutor reserves the right to amend or alter any element or content of the web site and the omission of any condition within these terms does not prevent any undertaking on the part of Adjutor. Any Member wishing to apply a term or condition to the content of the site should seek permission to do so first.

Opt in/out
The Adjutor web site are an opt in registration and some elements of the Adjutor web site require registration to access. Some examples of information Adjutor will collect are name, address and email address. Members of Adjutor can elect not to receive materials from Adjutor. When a Member signs up to the Adjutor web site, by default they will periodically receive e-mails containing promotional messages from other Members and information of new services. Members can Edit their registration to stop receiving these messages.

E-Mails and Spam Filtering
Whilst care is taken in the construction of each email message and all messages are legitimate within the terms of Adjutor, Adjutor cannot guarantee that the messages sent will reach the recipient. It is the responsibility of each Member to ensure that their own email systems, including spam filtering facilities, are configured to receive messages from Adjutor. Adjutor does not as a rule confirm that its emails are legitimate. Adjutor reserve the right to disable Member accounts that return email messages undelivered. Email messages to Adjutor are not confidential unless expressly identified as Private and Confidential or Legally Privileged. Adjutor reserves the right to re-publish them in part or in their entirety anonymously for discussion purposes.

Spam and Spamming
Unauthorised harvesting of emails from the Adjutor site or the use of Member profile contact forms for the purpose of selling products or services is not permitted. The sending of unsolicited emails to an individual for the purpose of selling a product or service is in direct contravention of the EU Directive on Privacy and Electronic Communications. This is classed as Spamming. Adjutor reserves the right to investigate this practice with the relevant authorities and take appropriate action.

Site Content
Much of the content of this site is provided and maintained by the Members. Adjutor reserves the right to monitor the data, information and files stored on the site and to remove without notice any data, information or file that is erroneous, illegal or in contravention of the site's and the Adjutor's own policies.

Session Cookies
The Adjutor web sites use cookies for various reasons. Cookies enable Adjutor to track information during User sessions. These cookies do not track individual information. Cookies from Adjutor can only be read by Adjutor. If a visitor chooses to disable cookies in their browser, they will not be able to use certain elements of the Adjutor web site. The Adjutor web site has a time limit on sessions of 10 minutes and is not responsible for the loss of any input as a result of a session time out.

Log Files
Adjutor servers log all visitors to the site enabling the Adjutor administrators to track User activity. This data is only used for internal purposes and can be used for site development purposes and dispute resolution.

Data Storage
Any information that Adjutor needs to store and process will be carried out on databases located in the UK. These storage services are owned and maintained by the Adjutor's Internet Service Provider. Adjutor has virtual control over the content but not physical control over the infrastructure. Adjutor downloads the database periodically for both backup and statistical analysis purposes. The offline data is secured on our office server and is password protected.

Web Site Features and Facilities
The use of any of the facilities on the Adjutor web site is not guaranteed and any facility, whether free or part of the membership based option, may be withdrawn at any time. Taking out a subscription at any point in time does not constitute a contract for Adjutor to continue to provide the same level of features and facilities in place at the time the subscription was taken out. Developments to the site are ongoing and facilities that are currently free may become part of a subscription based service. Options that are current within a particular option may be moved to another option. This includes from one level of subscription to another level of subscription, or from a subscription level to a free option.

Resources, Photos and other Works
Member materials including resources, photos, CV and other works are subject to approval and/or periodic review. Adjutor may decline at its absolute discretion, to approve any such material or materials and may or may not provide the reasons for such lack of approval. Adjutor is not and cannot be held responsible for determining the legitimacy or ownership of any work stored or displayed on the site.

Downloads / Resources
Adjutor is not and cannot be held responsible for determining the usability or compatibility of any downloadable resource or file stored or displayed on the site. Any User downloading a file from this site does so at her or his own risk. Adjutor would, however, like to hear of any resource that does cause a problem so that measures can be taken to rectify the situation.

Only visitors, who have opted in to join the site, become Users of the directory and abide by its procedures, are able to download Resources. The Resources that are on the Adjutor's web sites have been placed there by Members.

Resource Disclaimer
Members of the Adjutor are able to upload Resources for others to download. These Resources will be FREE. Adjutor cannot be held responsible for any effect caused by the use of these Resources. Whilst Adjutor will take all reasonable but no more than reasonable steps to ensure that Resources posted are sound and do not contravene any law, the Adjutor cannot guarantee this and is not and shall not be held liable for any contravention. If a Resource is found to be doubtful in nature, its presence on the Adjutor web site will be suspended, subject to investigation. Customers downloading Resources do so at their own risk and exonerate Adjutor from any liability.

Member Testimonials
Members with a profile on Adjutor may have testimonials. Member Testimonials allows clients to comment on the quality of service that a trainer has provided. Adjutor reserve the right to verify any testimonial and will periodically request a copy of a posted testimonial to be forwarded to Adjutor.

Links
The Adjutor web site provides links to third party sites. Since Adjutor does not control those websites, Adjutor cannot be held responsible for the content therein and encourages Members to review the privacy policies of these third party sites. Any linked web site that is found to provide inappropriate information or data will not be included in the Adjutor web site links page. UK regulations apply to the content of the Adjutor web site and Adjutor reserves the right to omit for inclusion any site that does not comply. Sites should display location, company and contact details, a reciprocal link back to the Adjutor web site(s) and a terms and conditions page or entry.

Opportunity Discrimination
Adjutor fully supports equal opportunities, will not knowingly discriminate against or disadvantage anyone on the basis of age, disability, ethnicity, marital status, race, religion or beliefs, sex, sexual preference or orientation or on where they live, and truly values all people. No Opportunity (etc) will be accepted that appears to run counter to such principles or implies whether knowingly or not that applicants may be disadvantaged by conditions that cannot be shown to be justified objectively or that selection or appointment will be based on anything other than merit and relevant genuine occupational or business reasons. The decision of the Administrator in such matters is final.

Opportunity Notifications
The Adjutor actively undertakes post Opportunity evaluations of responses. Please note: a single Member (employee) of a company can subscribe on behalf of that company (identified by use of company email address) and distribute Opportunity details within their own operation. If it is found that a subscribed Member is distributing Opportunity notifications to other trainers (including associates or learning and development organisations they work with), outside their own immediate company, they will have their profile disabled, pending an independent review of their activity and if found to be in breach of this rule they will be removed from the database without refund. The Adjutor accepts and alerts subscribers of Opportunity notification in good faith. The Adjutor cannot be held responsible for the validity of any Opportunity. If a Member is aware that an Opportunity notification is either a "spoof" or is suspicious about an Opportunity please email admin[at]Adjutor.co.uk.

Discussion forums
The Discussion forums on the Adjutor are 'invitation only' regardless of paid up subscription. Anyone wishing to post messages must first seek sponsorship from an existing contributor. It is the existing contributor that will put forward an invitation and be responsible for the conduct of that invited member.

Links:
The Open Discussion Forum
The Members Only Forum

Postings on the discussion forums should add value to the learning and development community. Postings are for the sharing of information and general communication and networking between Members. The forum is not the place for technical support or system error reporting; this should be brought direct to the attention of the Adjutor at admin@adjutor.co.uk.

Any concern regarding the legitimacy of a discussion posting or thread should be brought to the attention of the Adjutor team as soon a possible. The Adjutor will then endeavour to investigate and remedy any infringement or infraction of statute or good practice.

Repeated posting of inappropriate messages by a Member may result in that Member being removed from the system.

Moderation of the forums is at the absolute digression of the Adjutor.

Ezine Disclaimer
The comments made in the articles of the Adjutor ezine are those of the author and do not necessarily represent the views of the Adjutor. It is the intention of the ezine to engender some discussion and therefore it is likely that comments may be controversial. The Adjutor team, however, will do everything in its power to ensure that the articles do not make any unfounded claims or accusations against individuals or organisations. If anyone is unhappy with an article please email info@adjutor.co.uk. If a concern is found to be justified, the offending article will be removed from the database and an email sent out addressing that concern.

News Disclaimer
Articles in the News section have been collected from a number of locations. The contents of these articles are in the public domain. The Adjutor publishes the articles in good faith and the content does not represent the views of the Adjutor. The Adjutor team will do everything to ensure that the articles do not make any unfounded claims or accusations against individuals or organisations. If anyone is unhappy with an article please email info[at]Adjutor.co.uk. If a concern is found to be justified, the offending article will be removed from the database and an email sent out addressing that concern.

Disability Discrimination
The Adjutor acknowledges the need to provide a usable service under the terms of the DDA. The Adjutor has implemented a number "styles" for the site to include standard version, enhanced version and printable version.

Account Settlement Policy
All Members have an account attached to their profile. This enables credits to be accrued for the SALE of that Member's resources or when a Member they referred pays their subscription. These credits can be used as refund on previous payments or to secure additional service (adding points or duration to subscription expiry).

Customer Account Settlement Terms
Customer account balance raised by invoice should be settled within good time and or prior to the delivery of any service or product. Failure to settle invoices in a timely manner may result in the withdrawal of services. Accounts that are deemed excessive (60+ days) may incur a charge.

Dormant Users
The Adjutor will without notice, periodically remove dormant Users (remove permissions). A User is deemed to be dormant when they have not visited the Adjutor sites for a period of 365 days or their details are deemed to be obsolete. A dormant User can be re-activated. To do this email the Adjutor with details of the account to be re-activated. The Adjutor will without notice, periodically suppress deactivated Members. This will include Users who have not visited the site for more than a year and have already had their permissions withdrawn.

Technical Support
The Adjutor web sites have been optimised to be compatible with most recent web browsers. If a visitor has a problem with the facilities of the site, contact the Adjutor . Please be aware that visitors should also check that their web browser and computer are set up correctly before contacting the Adjutor . Once the Adjutor has investigated and has confirmed that there is nothing wrong with its own systems and database, no further support should be expected from the Adjutor . The Adjutor cannot be held responsible for the configuration of a visitor's web browser. The Adjutor is not able to offer technical or User support for a third party web site; Users should see advice from the owners of the site.

Please note: the Adjutor does not (normally) make outgoing technical support telephone calls. If you have a problem, it is up to you to contact the Adjutor on 01239 711544.

Errors and Omissions
The Adjutor, from time to time, has a need to test new and existing facilities using the active site. This testing and other development activities may result in erroneous server activity. These errors and or omissions do not constitute any binding contract for any action that may or may not have taken place. The Adjutor will not hold a User or Member liable for any notified contractual obligation and it is a condition of membership that Members shall not hold the Adjutor liable for similar notified obligations.

Force Majeure
The Adjutor cannot be liable for any breach of its obligations contained above resulting from causes beyond its reasonable control including but not limited to fires, floods or damage (of its own or other premises) insurrection or riots, embargoes, destruction of or delays in transmission, power cuts or shortages, inability to obtain supplies and raw materials requirements or regulations of any civil or military authority (an 'Event of Force Majeure').

The Adjutor agrees to give notice forthwith to its Members upon becoming aware of an Event of Force Majeure such notices to contain details of the circumstances giving rise to the Event of Force Majeure. If a default due to an Event of Force Majeure shall continue for more than 28 days then the party not in default shall be entitled to terminate the above terms. The Adjutor shall not have any liability to its Members in respect of the termination of this agreement as a result of an Event of Force Majeure.

Code of Conduct

This code of conduct is to set and maintain professional behaviours for Users and Members of Adjutor and or its associated products and services including activities on the web sites. This code does not replace any other code of conduct defined elsewhere and must be considered in conjunction with any other code of conduct placed upon a User or Member by a third party service, body or undertaking.

The professional behaviours that the Adjutor expects of its Members are to:
  • achieve and maintain a high standard of learning and development practice
  • take responsibility for their own continuing professional development
  • acknowledge and honour the trust placed upon a Member by their clients, employees, peers and the public
  • apply but not exceed their own expert knowledge and judgement
  • respect the integrity and values of others
  • apply the concept of equitability within dealings and undertakings
  • act ethically
  • make no false claim
  • respect their position and not misuse or abuse their power
  • openly declare any conflict of interest that may affect the legitimacy of an engagement
  • seek to resolve any conflict that may jeopardise their own or the Adjutor own standing
  • ensure the safety of clients, peers, suppliers and others including members of the public
  • seek at all time to honour any agreed undertaking whether paid or voluntary
  • have due regard for and comply with the law of the country in which they operate
  • comply with the terms and conditions of the Adjutor and Code of Conduct as laid down
In respect to all Users and Members of the Adjutor the following specific codes apply.

User / Membership
Users of the Adjutor web sites agree opt in to the processes and procedures set up to facilitate business between Members of the learning and development community. The Adjutor requires that all User and Member information declared is true, accurate and up to date. Membership of the Adjutor requires full contact details and entering non attributable information is not permitted. The named User / Member is legally responsible for the data held with the Adjutor . Users and Members must maintain the accuracy of their information by updating their registration if and when there are any changes to personal details. Users and Members must do this immediately in the Edit Profile page. If a Member has any difficulties they should contact the Association.

Users and Members of the Adjutor can only be listed once in any one section on the web site (Trainer, Supplier or Other). An individual cannot represent more than one organisation (for example, has duplicate registration with different email addresses).

A Member of the Adjutor can claim discounts offered on their own behalf but not on behalf of a third party.

Disclosing User name and password to another individual whether part of a company or outside a company will not exonerate the named individual for any erroneous data or other activity that runs counter the ethos of equitability and fairness and the terms and conditions laid out here and elsewhere.

Resources, Photos and Other Works
The Resources/Downloads sections of the Adjutor sites are for Members to offer material to other Users and Members. Brochures and sales material should not be posted to this section.

Members and Users storing or displaying material must be the legal owner of that material or have sought rights to copy the material. This covers resources, photographs, logos and any other work that can be deemed to have ownership or rights, whether property, intellectual or design.

Downloads / Resources
Members of the Adjutor share resources with the Association community in keeping with the Adjutor code of good practice. These include:
  • That Users downloading resources credit the contributing Member as the originator of the resource(s) they choose to download.
  • That Users downloading resources use contributing Members' resources for individual professional purposes only and agree not to share these documents with others via electronic, hard copy or other means of transfer without the contributing Members' express permission. In essence this means Users should be aware that whilst there are resources on the site for research purposes, Users should seek permission from the contributor before using them in their own learning and development sessions unless it explicitly states that permission is granted.
  • That Users downloading resources who wish to adopt the contributing Members' resources for use within or by organisations obtain the contributing Members' permission before doing so.
  • That contributing Members are entitled to contact the User downloading the resource to establish appropriate* marketing opportunities and to solicit improvement feedback and product endorsements from Users downloading resources and may, with the User's permission, publish these comments for promotional purposes.
  • That end use of these resources by Users downloading resources is at their own risk.
  • The use of resources is for the benefit of Members and done in accordance with the above guidelines.
Downloaded material should be removed from the system of Users downloading resources that request to leave the Adjutor .

*Appropriate means to solicit specific feedback on a particular contribution. It is advisable not to use this as an opportunity to send unsolicited offerings or include the contributor in a newsletter or other distribution list. This may be considered spamming and will certainly decrease, through exclusion, the number of Users a contributor can contact.

Testimonials
The Adjutor expects Member testimonials to be posted in good faith and can be posted by the Member themselves (based on evaluation feedback) providing the testimonial is attributed and that permission has been given for the testimonial to be posted (Data Protection).

Opportunities
Membership to the Adjutor is for the named individual and does not constitute a company or corporate membership or asset. As such a Member cannot make applications to opportunities for or on behalf of a non Member, whether that individual be employed staff or an associate. Only Members of the Adjutor (that have paid a subscription) are eligible to apply for any opportunity, whether posted in the Open System or in the Trainer Opportunity Management System (TOMS). A Member must not submit CVs of non Members for an opportunity. When making an application for an Opportunity, an applicant must not use this as a vehicle for selling other services, not specific to the description of the Opportunity; e.g. the requirement is for a Coach and the application states "I am not a coach but I run train the coach courses". This is unsolicited marketing and constitutes SPAM. Report of any activity will be investigated and may result in sanctions being taken against the offending Member.

The implied requirements of the various regulations and rules concerning 'employment and recruitment agencies' necessitates that the Adjutor clearly defines a code that differentiate between individuals or organisations posting the opportunity on their own behalf and those acting as an Agent for (or associate of) another party. Membership and use of the Adjutor services requires and is on the express condition that those acting as Agents for or on behalf of another party state clearly that they are acting as such in the tender description and that those few organisations advertising opportunities at arms length (i.e., for a third party organisation) also state such fact clearly. Classifications are:
'Direct' - the contact details are those of the contracting firm or business seeking trainers to provide learning and development services DIRECT to a client, or
'Agent' - the contact details are those of an agent posting the Opportunity ON BEHALF OF a firm or business seeking trainers to provide services to a client, or
'Associate' - the contact details are of a company posting the Opportunity to source a trainer to work on the company's behalf for one of its associated clients or firms and on whose behalf the learning and development required is to be provided to a client THROUGH A THIRD PARTY ORGANISATION.

Advertisers seeking trainers of specific gender, age, race, religion, ability, sexual preference, ethnicity or to be based in a specific geographic location, do so on the express condition that such requirements are permitted (both directly and indirectly) under the various discrimination acts and that by inserting such Opportunities on the Adjutor web sites they indemnify the Adjutor from any liability whatsoever, whether under the criminal or civil law, for any infringement or alleged infringement of such discrimination acts.

The Adjutor expects individuals or companies to act respectfully towards Members. If a Member applies for an opportunity, the Adjutor requests that the recipient of the Opportunity application has the courtesy to reply to the applicant.

Discussion forums
The Adjutor discussion forums are for the benefit of the Adjutor and the Members i.e. to enhance the standing of the site and its members. Members should consider their contribution carefully prior to submission in that anything that might undermine that standing will be removed. Members may post messages with a wide variety of non L&D and L&D content with the exception of a few message types. Overt sales and marketing postings are not permitted. Members should not report technical support issues via the forums; these should be made direct to the Adjutor . Members should not comment on Adjutor management or governance issues; these should be made direct to the Adjutor team. Its the premis "If things are good tell the world, if you have a problem tell us privately".

Members make postings on the understanding that moderation of the forums rests with the Adjutor .

Information Disclosure
Certain information displayed on the Adjutor web sites is privileged and reserved for Members only. Members are not permitted to disclose this information to any other Member or non member. Members found to be disclosing restricted information run the risk of being removed from the Adjutor without notice.

Spam and Spamming
Unauthorised harvesting of emails from the Adjutor site or the use of Member profile contact forms for the purpose of selling products or services is not permitted. The sending of unsolicited emails to an individual for the purpose of selling a product or service is in direct contravention of the EU Directive on Privacy and Electronic Communications. This is classed as Spamming. The Adjutor reserves the right to investigate this practice with the relevant authorities and take appropriate action. This may include the removal of a Member from the Adjutor if they are found to be in contravention of this code.

Payments
Attempting to use a chargeback facility via the credit card payment systems to gain a refund incurs a cost to the Adjutor and may be seen as non acceptance of the Adjutor terms and conditions. The Adjutor reserves to right to recover such charge back fees and sanction Members for such activity.

Abuse Policy
Please be aware that the Adjutor and its web sites are administered and used by people and as the Adjutor endeavours to treat its Members with respect, Members should also treat the Association staff and other Members with respect. The Adjutor runs a zero tolerance policy and will not tolerate bullying, abusive, insulting or other inflammatory messages whether they be about the individual or the actions of an individual (the Adjutor treats following 2 comments as comparable: 1) “You are an idiot”, 2). “You act like an idiot”. Both of these may be seen as insulting and may be considered bullying). Identification of any such message will result in the Member account being disabled, pending a review of the content. If the content is found to be inappropriate the Adjutor reserve the right to delete the Member from the Adjutor and add the name to an exclusion list.

A Member whose activities run counter to the above code, whether intentional or by accident, may render that individual's continued presence in the Adjutor unacceptable.

NOTICE

Alterations
The above terms and code may be changed without notice to comply with regulations and other constraints in pursuing a fair and equitable presence. This may result in facilities or approvals being withdrawn without notice in order to comply with the regulations that govern the operation of the Adjutor and its web sites. This may also result in retrospective measures to affect a fair and balanced presence for all Members.

No Waiver
The Adjutor 's failure to insist upon strict performance of any provision of these terms and or code shall not be deemed to be a waiver of its rights or remedies in respect of any past, present or future default of the Members in performance or compliance with these Terms and Code.

Jurisdiction
The laws of the United Kingdom apply to the jurisdiction and governance of the Adjutor and its web sites.