- Our privacy and cookies policy (which you can findhere) which sets out the terms on which we process any personal data we collect from you, or that you or a third party provide to us. It also sets outs information about the cookies on the Website and/or the Risk Warden Tool; and
- The agreement with the organisation that you represent for the use of the Risk Warden Tool (which you can findhere) (“Subscription Agreement”).
- YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
- PROHIBITED USE
You may use the Website and the Risk Warden Tool only for lawful purposes. You may not use the Website and the Risk Warden Tool:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out below.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- In contravention of the terms of the Risk Warden Tool.
You also agree:
- Not to access without authority, interfere with, damage or disrupt:
- any part of the Website and the Risk Warden Tool;
- any equipment or network on which Website and the Risk Warden Tool is stored;
- any software used in the provision of the Website and the Risk Warden Tool; or
- any equipment or network or software owned or used by any third party.
- Not to falsely imply or suggest any sponsorship or association with Risk Warden.
- CONTENT STANDARDS
Any data or material that you input, contribute or link to the Risk Warden Tool (“Data”) must comply with the content standards, which must be complied with in spirit as well as to the letter, set out below.We will determine, in our discretion, whether the Data breaches the content standards.Data must comply with the law applicable in England and Wales and in any country from which it is inputted, contributed or linked.Data must not:
- Be defamatory of any person.
- Be obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any intellectual property rights, including, but not limited to copyright, database right or trade mark of any other person.
- Include any protected health information or personally identifiable health data (HIPPA) unless expressly agreed by us in writing.
- Be likely to deceive any person.
- Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be in contempt of court.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person.
- Give the impression that the Data emanates from us, if this is not the case.
- Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
- Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
- Contain any advertising or promote any services or web links to other sites.
You warrant that the Data does comply with the above mentioned content standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
We will do our best to assess any possible risks resulting from Data, but we are under no obligation to monitor any Data inputted or linked to the Risk Warden Tool, and we expressly exclude our liability for any loss or damage arising from the use of Risk Warden Tool by a user in contravention of the content standards, whether the Risk Warden Tool is monitored or not.
The Risk Warden Tool and the Website may include information and materials uploaded by other users of the Risk Warden Tool or the Website, including Data. This information and these materials have not been verified or approved by us. Any views expressed by users of the Website or Risk Warden Tool do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us on [firstname.lastname@example.org].
- INTERACTIVE SERVICES
We may from time to time provide interactive services on the Website and/or the Risk Warden Tool (for example, you may be able to leave a comment about the Risk Warden Tool). Use of the interactive services must be in compliance with the content standards.Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).We will do our best to assess any possible risks for you from third parties when they use any interactive service provided on the Website or the Risk Warden Tool, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Website and the Risk Warden Tool, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by you in contravention of our content standards, whether the service is moderated or not.Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.]
- WE DO NOT GUARANTEE THAT THE WEBSITE WILL BE SECURE OR FREE FROM BUGS OR VIRUSES
We are not responsible for viruses and you must not introduce them.You are responsible for configuring your information technology, computer programs and platform to access to the Website or the Risk Warden Tool. You should use your own virus protection software.You must not misuse the Website or the Risk Warden Tool by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website or the Risk Warden Tool, the server on which the Website or the Risk Warden Tool are stored or any server, computer or database connected to the Website or the Risk Warden Tool. You must not attack the Website or the Risk Warden Tool via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website or the Risk Warden Tool will cease immediately.
- INTELLECTUAL PROPERTY RIGHTS
- DO NOT RELY ON INFORMATION ON THE WEBSITE
The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.
- immediate, temporary or permanent withdrawal of your right to use the Website and/or the Risk Warden Tool.
- immediate, temporary or permanent removal of any data uploaded by you to the Risk Warden Tool.
- issue of a warning to you.
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- further legal action against you.
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
- SUSPENDING OR WITHDRAWING WEBSITE
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.Different limitations and exclusions of liability will apply to liability arising as a result of the provision of the Risk Warden Tool as set out in the Subscription Agreement.We exclude all implied conditions, warranties, representations or other terms that may apply to the Website or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
In particular, we will not be liable for:
- use of, or inability to use, the Website; or
- use of or reliance on any content displayed on the Website.
- loss of profits, sales, business, or revenue;
- loss of business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
- GOVERNING LAW AND JURISDICTION
- HOW TO CONTACT US