- "Account Holder" means the organisation under whose name the Pathways account was set up (generally this will be your institution);
- "Pathways account" means a current subscription to The Service;
- "The Service" means our Pathways tool, administration area and any embedded Pathways instance;
- "us" "we" and "our" refers to Float New Media Design Ltd, a company registered in England and Wales with registered number 05361371 and having its registered office at 4 Miles' Buildings, Bath BA1 2QS;
- "you" means you, the person who accesses and uses this website and/or The Service; and
- "your Data" means any data entered or uploaded by you while using The Service.
In order to access and use The Service, a Pathways account must first be created. You can register for a Pathways account by submitting your details on our landing page or by contacting us directly.
If you are opening a Pathways account because you have been referred to us by someone else, the account sign up process will depend on the specific arrangements we have in place with that third party.
Formation of a contract
If we accept an application for the creation of a Pathways account, we will confirm this by email and we will provide the Account Holder with a legally binding contract formally setting out our terms and conditions for The Service (‘Contract’). If you apply for a Pathways account to be created, you must therefore ensure that you are authorised to enter into the Contract for and on behalf of the Account Holder. If you are a visitor to our website and/or are a prospective customer, please review these Terms of Service which govern our relationship prior to entry into a Contract.
If you become a Pathways Account Holder because you have been referred to us by someone else, we will also provide you with a Contract to be entered into which will govern our relationship with you.
Refusal to create an account
We reserve the right, at our discretion, not to accept and/or process registrations for a Pathways account. This may be due to technical constraints, because you or your organisation has been banned by us from using The Service or for any other reason. No charge will be made by us in such instances.
How to access the account
You will not be able to access and use The Service without a username and password for a Pathways account. There are two ways you can obtain these:
- Once a Pathways account has been created, we will issue the initial user (whose details were provided to us when the account was applied for) with a username and password.
- Additional users can obtain their own usernames and passwords if the initial user accesses The Service and uses the "New User" function on the "Users" page.
If the organisation you represent is an Account Holder and you are authorised by it to use The Service, we will grant you a non-transferable, non-exclusive licence to use The Service in accordance with the terms of the Contract between us and the Account Holder (‘Licence’).
Conditions
The above Licence is strictly subject to compliance with the term of the Contract by you (and by the Account Holder whose Pathways account you are accessing and by all other users of that Pathways account.)
You must
- only access an Account Holder's Pathways account by using a password and username which that Account Holder authorises you to use;
- only use The Service on behalf of the Account Holder whose Pathways account you are accessing and solely for managing and setting up Pathways instances to be embedded on your organisation's website or as part of a stand-alone service under which you have a licence to do so; and
- only embed Pathways on a single domain name that is owned and/or managed by the Account Holder, unless a specific prior arrangement has been agreed between ourselves and the Account Holder for Pathways to be embedded on multiple domains; and
- only upload to The Service, data that you have right or consent to do so (and for it to be used in accordance with our Privacy Policy); and
- ensure user accounts created under the Account Holder are well maintained and kept up to date, including removing those accounts for staff no longer employed by, or working for, your institution.
You must not
- do anything which could reasonably be expected to damage, disable, overburden, or materially impair The Service or our website generally or which is likely to interfere with any other party's use or enjoyment of The Service;
- question or dispute our ownership of the intellectual property rights in The Service;
- attempt to reverse engineer The Service or any of its software applications to gain access to our underlying data. Use of The Service and the Pathways data is strictly through the official channels only.
Security
The Account Holder is ultimately responsible for administering and safeguarding any passwords created to control access to its Pathways account: please keep any password issued to you secure.
Subscription fee amount
A subscription fee for use of The Service is payable annually in advance by the Account Holder. The subscription rates are posted on our website and we may vary these from time to time. Please see our Pricing Page for the rates in force for the current year. Prices on our website are quoted in UK pounds Sterling and exclude VAT, which is also payable. The Contract we have with you will set out the subscription fee that is applicable to you.
Free trials and beta trials
No charge for use of The Service will be made during any 'free trial' period or any 'beta trial' period. These Terms of Service shall govern any ‘free trial’ or any ‘beta trial’ period. The Account Holder is not however entitled to benefit from more than one 'free trial' - if we discover that more than one 'free trial' has been requested, we will request that a Contract is entered into and the Account Holder will become liable for payment of the subscription fee for all use of The Service made after the first ‘free trial' period.
Licence renewals
We will make contact with the Account Holder approximately two months before the licence renewal date to provide information on the upcoming renewal, to confirm the cost of renewal and to request a Purchase Order to process the renewal. If we do not hear from you, we will make every endeavour to contact you through all available means. Failure to hear from you to gain a Purchase Order and process your renewal before the date of renewal, may lead to the suspension of your access to The Service or the permanent closure of your Pathways account at the end of the current subscription term.
Non-payment
We shall be under no obligation to provide The Service if the subscription fee (plus VAT) is not paid to us on time. The Account Holder must ensure that we have complete and accurate billing and contact information throughout the subscription period, including the full name of the Account Holder, its business address, and a billing contact email address. If subscription fees become overdue, we reserve the right to suspend your access to The Service until the balance is paid and we may close the Account Holder's Pathways account permanently.
Rights in your data
The Account Holder has sole responsibility for the accuracy and reliability of your Data. The Account Holder retains ownership of any copyright, trade marks, database rights and any other intellectual property rights it has in your Data. Intellectual property rights in your Data will not be transferred to us. We reserve the right to disclose your Data to law enforcement officials in the investigation of fraud or other alleged unlawful activities, but otherwise we will only use your Data in accordance with our Privacy Policy to provide The Service.
Rights in our software and our website
All copyright, database rights, trade marks and other intellectual property rights in The Service (including any such rights in our website) are either owned by or licensed to us and nothing in these Terms of Service or our Contract with you shall transfer any ownership rights to you or to the Account Holder.
Cancellation by you
You can close the Account Holder's Pathways account at any time by contacting hello@career-pathways.co.uk. No further subscription fees will be billed and no refund will be made of any subscription fees already billed and paid.
Suspension and closure by us
If you (or any other user of the Account Holder's Pathways account) fails to abide by the Contract that we have with you, or if payment of the subscription fees is not paid on time, we reserve the right to suspend your access to The Service or permanently cancel the Account Holder's Pathways account. If we withdraw access to The Service due to breach of our Contract with you, no refund will be payable by us. We also reserve the right to close any Pathways account (including during any ‘free trial' or ‘beta trial' period) for any reason, by giving one month's notice. In such instances you will be refunded any monies paid by you covering the remainder of your licence term.
Important
This section restricts the extent to which we are liable for any losses which may be suffered in connection with your use of The Service. It also requires the Account Holder to compensate us for any loss we suffer as a result of your failure to comply with these Terms of Service or, if you have entered into a Contract with us, our Contract with you.
No guarantees
We make no guarantee that The Service will be suitable for your intended use, neither do we guarantee that it will be error-free, timely, reliable, entirely secure, virus-free or available, especially since we are dependent on the reliability of the Internet and your use of your own computer to access The Service. We will try to keep disruptions to a minimum, but we may suspend The Service from time to time to carry out maintenance and support work or to investigate unauthorised use.
The information and data presented within The Service is as accurate and up to date as possible. Whilst we make every effort to maintain this data, we cannot be held liable if certain data points are deemed inaccurate. Please contact us if you are concerned by any aspect of our data.
The Service is intended to show progression to future careers. While demonstrating these progression opportunities, we make no assurances that students will automatically progress to careers, salaries or any opportunities presented within The Service. We will not be held liable if an individual's own progression does not match that which is demonstrated within The Service.
Exclusion of our liability
By using The Service, you agree to do so entirely at your own risk. We do not restrict our liability (if any) for personal injury or death resulting from our negligence, for fraud committed by us or for any matter which it would be illegal to limit or to attempt to restrict. We do however exclude all other liability and responsibility for any amount or kind of loss or damage arising in connection with The Service (even if we have been advised of their possibility).
Limitation of our liability
Where we are not legally entitled to exclude our liability, our total liability for any loss or damage relating to The Service (or to our website generally) shall not exceed an amount equal to the subscription fees which the Account Holder has paid to us in the previous year, or, where this is the first year of subscription, the total subscription fees for the current term If no subscription fees have been paid and no Contract has been entered into, our total liability shall be limited to the lowest annual subscription price applicable to your institution. Where a Contract has been entered into, the limitation of liability terms within the Contract shall take precedence over and supersede this provision.
Liability to us
If you are the Account Holder and you have a Contract with us, your liability to us will be limited as per the terms of the Contract. If you do not yet have a Contract with us, your total liability shall be limited to the lowest annual subscription price applicable to your institution. If you access The Service using a password created to control access to the Account Holder's Pathways account, then the Account Holder shall be held liable for all reasonable costs and expenses incurred by us as a result of breach of these Terms of Service by you, or, if the Account Holder has a Contract with us, breach of the terms of the Contract. Otherwise, you shall be personally held liable for all reasonable costs and expenses incurred by us as a result of your breach of these Terms of Service by you.
Entire agreement
Subject to the following provisions of this clause, these Terms of Service and our Privacy Policy constitute the entire agreement between you, the Account Holder and us regarding The Service, and supersede and extinguish any prior understandings, assurances, promises, warranties or agreements between us whether written or oral. If you have a Contract with us, the terms of the Contract shall supersede and extinguish any prior understandings, assurances, promises, warranties or agreements between us whether written or oral, including these Terms of Service.
Interpretation
The headings in these Terms of Service are for convenience only and shall not affect the construction or interpretation of these Terms of Service.
Changes to this contract
We reserve the right to amend these Terms of Service from time to time and therefore we may impose new or different terms and conditions on your use of The Service. These additional terms will be posted here on our website and will be effective from the Account Holder's next annual subscription. Therefore you should regularly review this page to check for changes to these Terms of Service. Your continued use of The Service will be deemed to constitute acceptance by the Account Holder of all of the new terms. These Terms of Service may not otherwise be changed without our written consent. If you have a Contract with us any change in these Terms and Conditions will not affect your Contract which will supersede these Terms of Service.
Transfer of rights & obligations
We shall be entitled to transfer our rights and/or obligations under these Terms of Service to another party. Neither you nor the Account Holder may transfer any of your rights or obligations under these Terms of Service without our written consent.
Waiver and severability
If either you or we ignore any breach of these Terms of Service, it doesn't mean that any further breach cannot be enforced. Similarly, if any part of these Terms of Service turn out to be invalid or unenforceable for some reason, then it will be replaced with a provision which, as far as possible, achieves the same purpose as the original, and the remainder of the agreement will still be binding.
Conflict
If there is any inconsistency between the terms of these Terms of Service and our Contract with you, the terms of the Contract shall prevail.
Third Party Rights
Unless expressly stated otherwise, these Terms of Service do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
Resolving disputes
These Terms of Service shall be governed by and interpreted in accordance with English law. If any party wants to take court proceedings in relation to The Service, it must do so in England, who will have exclusive jurisdiction to settle any dispute or claim. You are responsible for compliance with any applicable laws of the country from which you use or otherwise access The Service.