CPCS-ON TERMS AND CONDITIONS
1. These terms and conditions apply to your use of the CPCS Online Notification and Resulting system (‘CPCS-ON’). They supplement and should be read in conjunction with the Construction Industry Training Board (CITB) website terms and conditions, www.citb.co.uk and the CPCS Test Centre Agreement which includes the CPCS Scheme Booklet for Test Centres www.citb.co.uk/cpcs.
2. In these terms and conditions:
· ‘we’ and ‘us’ means the Construction Industry Training Board (Registered Charity No. 264289, England & Wales and SC044875, Scotland) otherwise known as CITB;
· ‘you’ means the CPCS Test Centre making a Notification under these terms and conditions;
· ‘Notification’ means a request by you to complete the notification of a CPCS Technical Test for an individual undertaking a CPCS Technical Test or the resulting of a Notification following the successful achievement of a CPCS Technical Test;
· ’CPCS Test Centre’ means an independent organisation who has been accredited by us to deliver CPCS Technical Tests under the terms set out in the CPCS Test Centre Agreement;
· ‘CPCS Test Centre Agreement’ means the contract entered into by us and you, in accrediting you as a CPCS Test Centre.
3. Your access to and use of CPCS-ON constitutes your acceptance of these terms and conditions which takes effect from the date on which you use CPCS-ON. If you do not accept these terms and conditions in full you must leave CPCS-ON immediately.
4. We may revise these terms and conditions at any time by updating this page. Please check this page each time you use CPCS-ON. Your continued use of these pages will mean that you agree to any such changes.
5. You may make a Notification by following the CPCS Technical Test notifications process within the Scheme Booklet for Test Centres. If you create a Notification you will be able to correct errors to the Notification up to the point at which you click ‘submit’ on the final page of the process. We shall contact you as soon as possible if your Notification is unacceptable to us to confirm, and if necessary correct, the details of your Notification.
6. You warrant that all your staff using CPCS-ON have received appropriate training and refresher updates and are authorised to use CPCS-ON.
Data Accuracy
7. You are responsible for the accuracy, content and completeness of all data entered onto CPCS-ON. You shall ensure that all Notifications shall be for CPCS Technical Tests for which you are accredited to offer in accordance with the CPCS Scheme Booklet for Test Centres.
8. You shall ensure that only authentic CPCS Technical Test Notifications and results are entered onto CPCS-ON. Authentic Technical Test Notifications and results mean those delivered and taken in accordance with the CPCS Scheme Booklet for Test Centres.
Price
9. The prices for Notifications are as listed in the CPCS Scheme Booklet for Test Centres, Schedule 1 Fees as published at www.citb.co.uk/cpcs. We reserve the right to change prices listed without notice.
10. Prices shown exclude VAT as the Scheme is non-vatable.
Payment
11. The Test Centre shall pay the Notification Fees in accordance with the terms set out in clause 5 of the CPCS Test Centre Agreement.
Intellectual Property
12. The names, images and logos identifying CITB, CPCS and CPCS-ON are proprietary marks of the Construction Industry Training Board.
13. No permission is given by Construction Industry Training Board in respect of the use of any of them beyond the terms of the CPCS Test Centre Agreement and Schedule 3 ‘CPCS Certification Marks and Branding Guidelines’, and such use may constitute an infringement of the holder’s rights.
14. Copyright subsists in our website, our literature and our cards. These may not be reproduced in any form without our prior written consent.
Liability
15. Use of CPCS-ON is at your sole risk. We shall not be liable for any loss or damage whatsoever and howsoever arising as a result of your use of or reliance on the information contained on CPCS-ON to the maximum extent permitted by law.
16. We shall not be liable to you;
a) for any indirect, special or consequential loss of any nature whatsoever; or
b) for any loss of profits, loss of income, other economic loss, loss of data, administrative inconvenience or disappointment; or
c) where performance of any obligation to you is prevented by any circumstances beyond our reasonable control including without limitation strikes and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
17. Nothing in these terms and conditions is intended to limit our liability for death or personal injury caused by our negligence.
18. Subject to clause 22 our liability to you in contract, tort or otherwise is limited to the fee payable in respect of each Notification.
19. While we endeavour to ensure that the information on CPCS-ON is correct, the material on CPCS-ON is provided ‘as is’ excluding any condition, warranties or other terms of any kind as to the accuracy and completeness of such material. In particular while we aim to ensure any information displayed on CPCS-ON is up to date new information will be uploaded one or two business days after any change.
Indemnity
20. You shall fully indemnify and keep us fully indemnified for any loss or damage suffered by us for breach of the terms and conditions including any failure to comply with the Data Protection Act 1998.
Audit Requirements
21. You agree to allow us unrestricted access to your premises in accordance with the terms set out in the CPCS Test Centre Agreement and the Scheme Booklet for Test Centres.
Privacy Notice
22. We will use personal data we obtain directly from an individual, or from third parties, or as a result of our relationship with an individual in our capacity as a Sector Skills Council and Industrial Training Board including administration of the Construction Plant Competence Scheme.
23. ‘Personal data’ is data which relates to a living individual who can be identified (a) from those data, or (b) from those data and other information which is in the possession of, or is likely to come into our possession and includes any expression of opinion about the individual.
24. We may also disclose personal data to third parties (including our service providers or agents e.g. CPCS Test Centres, an individual’s employer or prospective employer and funding bodies) for the purposes outlined above, but we will not otherwise pass personal data to third parties for marketing purposes.
25. If we transfer personal data to a third party in another country, we will make sure they agree to apply the same levels of protection as we are required to apply to information held in the UK, and that they use the personal data only for the purposes outlined above.
26. Individuals have a right to request a copy of any personal data held about them (for which we may charge a small fee) and to correct any inaccuracies in their personal data.
27. If we are given information from a CPCS Test Centre about another individual, the CPCS Test Centre providing it must be able to confirm that the individual has appointed them to act on his/her behalf and has agreed that the CPCS Test Centre providing the information can give consent on his/her behalf to the processing of his/her personal data.
28. By entering personal data into the CPCS-ON system you give consent to these terms and the processing of the personal data contained thereon.
29. By signing a CPCS application form an individual gives consent to these terms and the processing of the personal data contained therein.
General
30. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
31. The headings in these conditions are for convenience only and shall not affect their interpretation.
32. If any part of the conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the conditions will not be affected.
33. These terms and conditions shall be governed by and interpreted in accordance with the law of England and Wales and the courts of England and Wales shall have non-exclusive jurisdiction to resolve any disputes between us.
How to contact us
35. You can contact us by:
Email: [email protected]
Telephone: 0844 844 4745
Post: CPCS
PO Box 320
Bircham Newton
King’s Lynn
Norfolk
PE31 6WD
Our office hours are 0800–1700 Monday to Thursday and 0800–1600 Friday excluding public holidays (in England and Wales).