User Registration Terms

findexaminers is used by universities and colleges around the country to find external examiners. So, findexaminers provides you with the perfect opportunity to showcase your skills and experience and win an engagement as an external examiner. This document, which we'll refer to as "the Terms", sets out the terms and conditions upon which you can register for and use findexaminers.

findexaminers is a service delivered by External Examiner Network Limited, which is a company incorporated in England & Wales under registration number 08026796. The registered office of External Examiners Limited is Boho One, Bridge Street West, Middlesbrough, TS2 1AE, and that's the address we trade from.

When we use words such as "we", "us" and "our" in these Terms, it is External Examiners Limited to which we refer. When we use words such as "you" or "yours", it is you, the individual and, we hope, soon-to-be user of findexaminers, to whom we refer. We will also be making numerous references to the universities, colleges and other further or higher education providers who subscribe to findexaminers. To make it easy, we'll call them "institutions".

Your Registration

If you want to use findexaminers, you will have to register and to do that, you will have to accept these Terms. You can indicate your acceptance of the Terms by checking the box at the appropriate place during the registration process. If you don't accept these Terms, you will not be able to register, and if you don't register you will not be able to use findexaminers.

If you do check the box and submit your registration to us, please bear in mind that you are entering into a contract with us. That means that there will be legally enforceable obligations upon both you and us. All the more reason for you to give the Terms a careful read through.

The other thing we'd like you to note at this point is that your contract with us to use findexaminers is with us alone. No third party is involved at all. Not even an institution that might contact you as a result of your use of findexaminers. There is more on third parties in the 'General' section below.

You might want to print out a copy of the Terms when you register, which is fine. However, please bear in mind that we might need to change the Terms in future to accommodate changes in our business, business model or in findexaminers functionality. If we do change the Terms, we will let you know and send you a link to the new Terms (which you will always be able to find on the website if you want to remind yourself of what they say) so you can give them a fresh read. If you continue to use findexaminers after we've informed you that there are new Terms in place, you will do so having, by implication, accepted the new Terms.

It might be that we need to "assign" to another company the contract that we've formed with you. By way of an example, this might be because we're engaging in a restructuring or because another company has bought the findexaminers business from us. By contrast, your registration is personal to you and you may not transfer or sell your rights under this contract to anybody else nor may you use it as security for anything.

You

In the registration process, you'll have to provide us with some basic information about yourself. This will include your name, email address and the creation of a business name. Please be aware that you will only be able to register if you have a ".ac.uk" or Irish email address. This is because only we can only accept registration applications from academics engaged with a UK or Irish university or college.

We will handle the information you provide us in accordance with our Privacy Policy, which forms part of these Terms. As far as information that could identify you individually is concerned, that handling will comply with the Data Protection Act 1998. You can find out more on this at the Information Commissioner's website: www.ico.gov.uk.

Please choose a password that is suitably secure. We recommend at least 8 characters with, as a minimum, a combination of letters and numbers. If somebody is able to hack your account because your log-in credentials are insecure, they could do untold harm to your professional reputation and we will not be liable for the damage you suffer as a result.

In registering to use findexaminers, you confirm that you are not less than 18 years of age and that there isn't any reason why you could not enter into a legally binding contract with us. You also confirm that any information that you have provided to us about yourself (such as your email address, your experience and your specialisms) is accurate and up-to-date. You also confirm that you are engaged, whether full time or part time, in a teaching capacity with a UK or Irish-based further or higher education institution and that there is no reason you know of (or should know of) why you may not accept an external examiner post, should one be offered to you via findexaminers.

Using findexaminers

When you have completed your registration, you will have an account with us that you can use to build your profile. Here's how.

In registering, you will provide your core areas of specialism. Once your registration is complete, you can supplement and expand upon these specialisms with additional 'tags' that you can create yourself, or which you can choose from prompts on the website. Institutions seeking external examiners search our database using keywords and qualifiers. If your profile fits the search criteria, your profile will be offered and, should the institution in question consider you suitable, it may then contact you by email via findexaminers. Should you wish to respond to that contact, you may reply directly to the institution concerned. Thereafter, further contact between you and the institution will take place directly and any engagement that you accept will take effect outside findexaminers.

Having accepted one or more engagements with an institution, you may decide you do not wish to be considered for any further engagements. If so, please use the "hide your account" dialogue to change your status to "private". This helps you because you won't receive further contact via findexaminers concerning further engagements. It also helps us because it means our database works more efficiently for the institutions. And setting your profile to private means once your engagements come to an end, you can easily re-publish your profile without having to re-enter your details.

Any engagement that you accept with an institution as a result of your use of findexaminers is purely between you and that institution. We will not be a party to that agreement nor will we play any further part in the arrangements you make beyond effecting the initial introduction. You accept that we will not be liable under any circumstances for any breach of contract or misrepresentation by an institution from whom you have accepted an engagement, or indeed any other form of liability arising from that engagement, however it might arise.

Content

We make no charge for your use of findexaminers. Instead, institutions who subscribe to findexaminers pay us for access to our database. You confirm that we may make use of the information you provide for this and related commercial purposes.

The information that you can post about yourself is restricted and deliberately so, but in any case, you confirm that you will not use findexaminers to circulate any unlawful content of any description. In particular, you will not post content that is offensive, abusive, libellous, false, deliberately misleading or is otherwise illegal. You will not use your registration for the distribution of unsolicited and unwanted communications (whether commercial or otherwise), which you might know as 'spam'.

If you do post unlawful content or circulate spam or other unlawful content, we may remove it immediately and we will not be obliged to inform you that we have done so. In addition, we may, at our discretion, terminate your registration. You agree to indemnify us on demand in the event that we suffer any loss or expense as a result of you posting unlawful content or circulating spam.

The findexaminers name, logo and all copyright (other than content created by institutions or other users, which we use under licence) and other intellectual property rights in the website and the software that makes up findexaminers belong to us and, subject to your compliance with these Terms, we grant to you a limited non-exclusive licence to use the findexaminers for the purposes described on the website only. We confirm that we have the right to grant that licence to you and that your use of findexaminers will not infringe the rights of anybody else.

Us

We will provide you with access to the findexaminers functionality as you need it from time to time, subject to your compliance with these Terms. We warrant that the functionality will operate as described on the website but we reserve the right to add and remove functionality from time to time, as we see fit.

Should you come across an element of findexaminers that is not operating correctly, please let us know by contacting us at support@findexaminers.com, telling us the nature of the error and the time and date at which it occurred. We will try to replicate the error and, should we be able to isolate and identify its cause, we will fix it as soon as reasonably practicable.

We will use reasonable endeavours to keep downtime to a minimum but we give no warranties about this.

Termination

We may, at our discretion, suspend or terminate your registration on written notice with immediate effect if:

· You are in material and persistent breach of your obligations under these Terms and either that breach cannot be remedied or if it can, you have failed to put things right within 7 days of us notifying you that you are in breach; or

· You breach any of the warranties (those are the various statements about a variety of things that you have made in these Terms, which you confirm as being true and accurate) that you have given under these Terms; or

  • We have decided to discontinue findexaminers either entirely or in its current form.

You can terminate your registration at any time. You can do this using the "Hide Your Account" dialogue. Please be aware that when you choose to confirm the deletion of your account, all the information you have provided will be irretrievably erased. For this reason, you might prefer to suspend your account by making your profile private until you are sure.

Liability

WE WILL NOT BE LIABLE FOR ANY DEFICIENCY IN findexaminers (INCLUDING ACCESS TO OR AVAILABILITY OF findexaminers) THAT IS CAUSED BY OPERATOR ERROR, DEFICIENCIES OR ERRORS RELATING TO ANY THIRD PARTY COMPONENT NOT PROVIDED BY US OR THIRD PARTY CONNECTIVITY NEEDED BY YOU TO CONNECT TO findexaminers OR TO CONNECT YOUR PROJECTS TO findexaminers. WE WILL NOT BE LIABLE WHERE DIFFICULTIES YOU HAVE ENCOUNTERED ARE AS A RESULT OF YOUR USE OF findexaminers FOR A PURPOSE FOR WHICH IT IS NOT INTENDED OR IN A MANNER THAT IS NOT CONSISTENT WITH THESE TERMS OR AS A RESULT OF YOUR NEGLIGENCE OR WILFUL MISCONDUCT.

WE WILL NOT BE LIABLE TO YOU FOR ANY FAILURE IN THE FUNCTIONALITY OR AVAILABILITY OF findexaminers THAT IS DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL.

Where any of our obligations under these Terms are sub-contracted by us to a third party, we will remain liable for the acts and omissions of those contractors as if they were our own.

OUR LIABILITY TO YOU IN RESPECT OF ALL OTHER CLAIMS, LOSSES OR DAMAGES, WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE UNDER OR IN CONNECTION WITH THESE TERMS ARISING IN ANY CALENDAR YEAR COMMENCING ON THE COMMENCEMENT DATE OR AN ANNIVERSARY THEREOF (WHERE, FOR A SERIES OF CONNECTED CLAIMS, THE CALENDAR YEAR IN QUESTION SHALL BE THE FIRST SUCH YEAR OF THE FIRST EVENT GIVING RISE TO A CLAIM), SHALL IN NO EVENT EXCEED THE SUM OF £1000.00.

SUBJECT TO PARAGRAPHS IMMEDIATELY PRECEDING AND FOLLOWING THIS ONE, WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE; OR ANY LOSS OF PROFITS, TURNOVER, DATA, BUSINESS OPPORTUNITIES, ANTICIPATED SAVINGS OR DAMAGE TO GOODWILL (WHETHER DIRECT OR INDIRECT).

Nothing in these Terms shall act or be construed so as to act in any way to limit our liability for

(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or sub-contractors (as applicable); or

(b) fraud or fraudulent misrepresentation by us or our employees.

The use of findexaminers complies with English law. You must make sure that using findexaminers will not breach any applicable laws or regulations in whatever jurisdiction that you happen to be located in, if not England and Wales. We will not be liable should you fail, whether directly or indirectly, deliberately or accidentally, to comply with those laws and regulations and you will indemnify us for any loss or expense we incur as a result of dealing with any investigations, claims or other regulatory or civil action that occurs as a result of that failure.

General

We, which is to say, you and us, are independent businesses and we are not operating in any kind of partnership or in any kind of principal/agent or employer/employee relationship nor in any other kind of relationship of trust to each other. In addition, you confirm that you understand that any engagement you accept with an institution will not create an employer/employee relationship but that you will be providing services to that institution under contract. This is, of course, unless you agree explicitly to the contrary in your negotiations with the institution after contact has been made through findexaminers.

In order to have the effect intended for them, some of the provisions of these Terms will survive the termination of your registration, howsoever that comes about.

If, for some reason, a court or regulatory authority decides that any part of these Terms is unenforceable, the remainder shall remain in force regardless.

Just because we do not insist on your compliance with any one or more of your obligations under these Terms does not mean that we waive our right to insist on that compliance at some later date.

There may be occasions when the law requires information that we give you or communications you wish to send us have to be in writing. Where that is the case, you agree that such communications and information may be transmitted electronically. Nevertheless, if you wish to write to us in hard copy, you may address your letter to the registered office address given at the top of these Terms. For the purpose of these Terms, you may deem that we have received that letter seven days after the date you have posted it.

You recognise that your breach (or threatened breach) of these Terms may cause irreparable harm to us and that in such a situation, we are entitled to seek an injunction or other equitable relief to prevent that breach or further occurrences of that breach in future.

With regard to any indemnity given by you to us or us to you under these Terms, the party with the benefit of that indemnity will take all reasonable steps to reduce or mitigate the loss covered by that indemnity.

No person who is not a party to our agreement with you shall have any rights under the Contracts (Rights of Third parties) Act 1999 to rely upon or enforce any of the provisions of these Terms. However, this does not affect any right or remedy of the third party which exists or is available apart from that Act.

The agreement between us incorporates these Terms to the exclusion of all others, together with the Privacy Policy, which constitutes the entire agreement and understanding between us and you in respect of the matters dealt with in it and supersedes, cancels and nullifies any previous agreement between us in relation to such matters. You agree that in entering into this contract with us, you do not rely upon, and shall have no remedy in respect of, any statement, representation, warranty or undertaking (whether negligently or innocently made) other than as expressly set out in these Terms and any document referred to in them. The only remedy available to you in respect of any such statements, representation, warranty or understanding shall be for breach of contract under these Terms.

These Terms and our agreement with you are governed by the law of England and Wales and are subject to the exclusive jurisdiction of the English Courts.