Terms and Conditions of Use for MBA-Direct

These are the general terms and conditions of The Financial Times Ltd for use of this Site. Please read these terms and conditions carefully. Your use of the Site and the Service will be subject to these terms and conditions.

THESE TERMS AND CONDITIONS COVER MATTERS SPECIFIC TO THE "MBA-Direct" PERIODICAL SERVICE AVAILABLE ON THIS SITE AND DIFFER SLIGHTLY FROM THE TERMS AND CONDITIONS OF OUR PARENT SITE, www.exec-appointments.com.

The Financial Times Ltd may change these terms and conditions from time to time. By accessing the Site you are accepting that you are bound by the current terms and conditions. You are therefore responsible for checking these each time you revisit this Site. YOU SHOULD PRINT AND RETAIN A COPY OF THESE TERMS AND CONDITIONS AND ALL UPDATES TO THESE TERMS AND CONDITIONS.

1.  Definitions

In these terms and conditions the following definitions apply:

2.  What you are allowed to do

2.1 You may use the Service for personal use and in accordance with these terms.

2.2 You may:

• browse the Site using a compatible web browser. Permission to browse the Site includes permission to make transient or cached copies of parts of the Site to the extent that this occurs in the normal course of using your browser and that these copies are used only to facilitate current or subsequent access to the Site by you; and
• print a copy of any page of the Site or email a section of the Site to another person to the extent permitted on the Site, for your own personal purposes, provided you do not do any of the things set out below under What you are not allowed to do.

3. What you are not allowed to do

3.1 Except to the extent expressly set out in these terms, you are not allowed to make any copies of any part of the Site.

3.2 You may not remove or change anything on the Site except your registered details or include or create links to or from the Site.

3.3 You are not allowed to copy or use any material from the Site for any commercial purpose.

3.4 You are not allowed to remove or change any copyright, trade mark or other intellectual property right notices contained in the original material or from any material copied or printed off from the Site.

3.5 You must only use the Site and anything available from the Site for lawful purposes, and you must comply with all applicable laws, statutes and regulations. You must not use the Service to:

(a) send, post, upload or otherwise transmit information or pictures that are obscene or pornographic, threatening, menacing, racist, offensive, defamatory or otherwise unlawful;

(b) send or upload files that contain software or other materials in breach of any intellectual property rights or in breach of confidence;

(c) harass, stalk, threaten or otherwise violate the rights of others or harm or threaten to cause harm to minors;

(d) impersonate anyone else or otherwise misrepresent your identity or status;

(e) hack into the Site or any other related computer system, make excessive traffic demands, deliver viruses or forward chain letters, surveys, contests, pyramid schemes or otherwise engage in any other behaviour that may reasonably be expected to inhibit other users from using and enjoying the Site or any other web site or damage or destroy the reputation of The Financial Times Ltd or any third party;

(f) apply for positions for which you do not have the appropriate legal documentation including citizenship and/or work permits.

3.6 The Financial Times Ltd accepts no obligation to monitor the use of the Site. However, The Financial Times Ltd reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. The Financial Times Ltd will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.

4.  Your personal information

Usage of your personal information is governed by The Financial Times Ltd’s Privacy Policy, which forms part of these Terms and Conditions. In the event that The Financial Times Ltd undergoes reorganisation or is sold to a third party, you agree that any personal information The Financial Times Ltd holds about you may be transferred to that reorganised entity or third party.

5. Password and details

5.1 For registration and use of the Site your username will be the email address you supply. During registration you will create a confidential password to be used when using the Services. You must keep your password confidential at all times, and must not disclose it to anyone else or permit anyone else to use it. Any breach of any of these terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions.

5.2 In the event of any failure or error in the operation of a password you shall cease using the password and exit the Site immediately, and notify The Financial Times Ltd of such failure or error. The Financial Times Ltd reserves the right to change, or to require you to change, your password at any time in its sole discretion.

5.3 You warrant that you are entitled to receive emails at the email address you provide. You should note that many companies prohibit their employees using the company email for private use and we encourage you to open a private account and use an outside computer network to visit the Site.

5.4 You agree to notify The Financial Times Ltd promptly by using the update facility on the Site of any changes to your registration details.

6.  Subscription and Refund Policy

6.1 MBA-Direct is a subscription service for information about the marketplace for MBA graduates. To access the paid-for Service in the confidential area of the site you must subscribe to the service using a valid credit card. Subscriptions are for an annual period and there is a charge to join the paid-for Service which appears on the site (and is inclusive of all taxes). The Financial Times Ltd reserves the right to change the price of the paid-for Service at any time before you subscribe for the first time or renew your subscription. Details of such changes may be posted on the Site and you should check these before deciding to subscribe or renew.

6.2 You agree that, in accordance with the Consumer Protection (Distance Selling) Regulations 2000, you will have no cooling off rights under those Regulations in respect of the paid-for Services once those Services have commenced (which will be the first time you access those Services after successful subscription which may be part of the same Internet session as the session in which you subscribed and paid). Without prejudice to your statutory rights as a consumer and subject to section 8, refunds are solely at the discretion of the management of The Financial Times Ltd.

In exceptional circumstances we will consider refunds for the service. To request cancellation, write to us, giving the reason for the return as "contract cancellation". Please write to us so that we receive it within seven working days of the day after the date that the subscription started. The address for any enquiries is:

MBA-Direct Cancellations Department
c/o The Financial Times Ltd
PO Box 3663
BATH BA1 1ZJ

For your protection, we recommend that you use a recorded-delivery service.

We will let you know within 30 days whether your request for a refund will be accepted. For more information on your rights visit the Department of Trade and Industry's Web site at: http://www.dti.gov.uk/ccp/topics1/guide/homeshop.htm#cooling

Other Statutory Rights
For more information about your other statutory rights, please visit the Department of Trade and Industry's Consumer Gateway Web site at: http://www.consumer.gov.uk/consumer_web/shopping.htm#4

6.3 Your subscription for the paid-for Services is annual only and will lapse at the end of each year unless renewed by you, and all such renewals will be subject to these terms and conditions of the site as amended from time to time in accordance with these terms and conditions.

7.  Rights

All intellectual property rights in any material (including text, photographs and other images and sound, trade marks and logos) contained in this Site are either owned by The Financial Times Ltd or have been licensed to The Financial Times Ltd by the rights owner(s) so that The Financial Times Ltd can use this material as part of its Site. You are only allowed to use this Site and the material contained in the Site as set out in these terms and conditions.

8.  Disclaimer and limitation of liability

8.1 The Financial Times Ltd does not, and nothing in these terms and conditions shall act to, exclude or limit The Financial Times Ltd's liability for death or personal injury resulting from its negligence, fraud or any other liability which may not by applicable law be excluded or limited. Your statutory rights as a consumer are not affected by any of these terms.

8.2 Subject to clause 8.1, in no event shall The Financial Times Ltd be liable (whether for breach of contract, negligence or for any other reason) for: any failure by you to contact an advertiser of a position of employment or to secure a position or employment, loss of salary, loss of profits, exemplary or special damages, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, consequential or special loss, however arising.

8.3 The Financial Times Ltd will use reasonable endeavours to ensure that all information and content included on or supplied to you via this Site or any Services is accurate and up to date. However, subject to clause 8.1, you acknowledge that that will be the extent of The Financial Times Ltd's obligations in relation to the Services and such information and content and that it cannot guarantee that any information or content will be accurate or up to date and, on that basis, subject to clause 8.1, except as expressly set out in these terms, The Financial Times Ltd does not enter into any conditions, warranties or other terms in relation to any information or content, the Site or the Services and in particular none as to as to accuracy of any advertisement for any position of employment or of any other information about a specific position or about the general Non-Executive Directorship market (including any implied term relating to quality, fitness for a particular purpose or compliance with any codes or laws relating to advertising, employment or discrimination).

8.4 Subject to clauses 8.1 and 8.2, you agree that The Financial Times Ltd's aggregate liability to you at any time whether in contract, tort or otherwise will be limited to the amount paid by you to The Financial Times Ltd in respect of your subscription for the Services available from The Financial Times Ltd on this Site. In the event of any breach of these terms by The Financial Times Ltd you agree that The Financial Times Ltd may terminate your membership and right to use this Site and the Service and refund to you that amount, and that, subject to clause 8.1, will have no further liability to you in respect of this Site, the Service, any information or content supplied to you in relation thereto or available thereon or any reliance on such information or content for any reason.

8.5 Subject to clause 8.1, advertisements for positions are placed by the advertisers and are not the responsibility of The Financial Times Ltd. You agree that the obtaining or viewing of any advertisements for positions or any other material through the use of the Service is carried out at your own risk and that The Financial Times Ltd has no liability to you in respect of such things. In particular, we do not warrant or guarantee at any time that you will receive any alerts from Advertisers regarding potential Non-Executive positions.

8.6 The Financial Times Ltd may change the format and content of the Site and/or the Services from time to time. You should refresh your browser each time you visit the Site to ensure that you download the most up to date version of the Site.

8.7 The Site may include links to external sites. If so, The Financial Times Ltd has included links to these sites to provide you with access to information and services that you may find useful or interesting. The Financial Times Ltd is not responsible for the content of these sites and pages or for anything provided by them.

8.8 The Financial Times Ltd is not liable for any action you may take as a result of relying on any advertisement for a position of employment provided in this Site.

8.9 You are not permitted to allow any third party to access, view, rely upon or use in another way any information or content provided to you as part of the Services. In the event any third parties do gain such access, site, reliance or other use of such information or content you will ensure they are aware of these terms and conditions, in particular the limitations on liability included herein and that they are bound by the terms and conditions included herein relating to such information or content. You will indemnify and hold harmless The Financial Times Ltd against any loss or damage (of whatever kind, including legal fees) resulting from any access, viewing, reliance upon or other use of any content or information provided to you as part of the Services by any third parties other than access by them as subscribers in their own right.

9.  Suspension and termination of Service

9.1 The Financial Times Ltd may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or any sites or pages linked to it will be not necessarily be uninterrupted or error free.

9.2 The Financial Times Ltd may terminate the Service immediately without notice to you in the event you commit a material breach any of these terms and conditions (which includes being late with payment of any subscription, membership or renewal fees).

10.  Enquiries or complaints

If you have any enquiries or complaints (about the Service or someone else’s use of the Site) then please email them to info@exec-appointments.com, write to PO Box 3663, BATH BA1 1ZJ or telephone +44 (0) 845 458 9850.

11.  General and governing law

11.1 The Financial Times Ltd may change these terms and conditions from time to time. By accessing the Site you are accepting that you are bound by the current terms and conditions. You should therefore check these each time you revisit the Site. These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter. If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision. The Financial Times Ltd may delay enforcing its rights under these terms and conditions without losing them. You agree that The Financial Times Ltd may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice.

11.2 The Financial Times Ltd will not be liable to you for any breach of these terms and conditions which arises because of any circumstances which The Financial Times Ltd cannot reasonably be expected to control.

11.3 These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.