- Who we are
- The Service
- Member account, password and security
- Your conduct
- Special warning for international use
- Rights in posted content
- Content objections
- General practices regarding use and storage
- Modifications to service
- Links to other websites or resources
- The Campaign’s proprietary rights
- Use of Material
- Images and photography
- Re-using third party material
- Confidential Information
- IMPORTANT – LIMITATIONS OF LIABILITY
- General information
IntroductionThese are the Terms and Conditions that apply to use of:
The ServiceThe Campaign provides users of the websites with access to various online resources (the “Service”). Unless explicitly stated otherwise, any new features of the Service will be subject to these Terms and Conditions.
EligibilityCertain aspects of the Service may require you to register and provide information about yourself. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data (by emailing us) to keep it true, accurate, current and complete.
Member account, password and securityThe Internet is not a secure medium. However, the Campaign will endeavour to protect all personal information collected through the website in accordance with strict data protection standards. Any future registration processes on the Websites may involve you giving a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify the Campaign of any unauthorised use of your password or account and any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Campaign cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation.
Your conductAny pages of the websites where you are able to post material are provided for the exchange of lawful, relevant, fair and appropriate information, opinions, materials and comment. You acknowledge that all information, data (including registration data), text, software, music, sound, photographs, graphics, video, messages and other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. The Campaign accepts no responsibility for, and does not guarantee, the accuracy, integrity or quality of any Content placed on our website by you or any third party. You acknowledge that by using the Service, there is a risk that you may be exposed to Content that you may find offensive, indecent or objectionable. Please see the section below titled “Content Objections” for details of how to report such Content. If you breach these Terms and Conditions, you should be aware that a party aggrieved by the uploading of any Content which is, inter alia, defamatory or in breach of copyright, may take action and that this could result in registration data and other data concerning your identity being disclosed and your having to pay compensation to the person or company aggrieved. You agree to not use the Service to:
- Upload, post, email, PM (personal message) or otherwise transmit any Content that is unlawful, harmful, objectionable, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise discriminatory;
- Harm or attempt to harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a Campaign volunteer or supporter, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- Upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email, personal message or otherwise transmit any Content that infringes any patent, trade mark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- Upload, post, email, personal message or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
- Upload, post, email, personal message or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- Intentionally or unintentionally violate any applicable law or regulation;
- Collect or store personal data about other users;
- Post content which refers to individual schools, colleges or agencies – or their staff – whether by name, or identifiable by a pseudonym or any other means; and/or
- Advertise any job vacancies in any area of our forums (other than through a website which is clearly designated as a recruitment service).
IndemnityYou agree to indemnify, defend and hold the Campaign and its affiliates harmless from and against any and all liability, losses, costs, claims and expenses incurred directly or indirectly (including reasonable legal fees) incurred in connection with or arising out of your violation of these Terms and Conditions, any applicable law or regulation or the rights of any third parties related to the use of the Content, our Websites, Service and tools. This indemnity includes both any liability to third parties, and other costs and losses incurred by the Foundation.
Special warning for international useThe websites are designed to be compliant with applicable UK & EU laws and regulations and are intended for use only by users resident in the United Kingdom. Due to the global nature of the internet, users from all over the world may have access to the Websites, however if you are resident in a country outside of the UK, you use the websites at your own risk.
Rights in posted contentWith respect to all Content you post on the websites, you grant the Campaign a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. With respect to all Content you post to the websites, you hereby waive any moral rights you have in the Content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to the Campaign, including the execution of deeds and documents, at our request. You represent and warrant that you own or otherwise control all of the rights to the Content and can grant the rights set out above. You represent, warrant and undertake that: (i) use of the Content will not infringe the rights of any third parties (including that the Content or material is not defamatory); and (ii) you have obtained all rights and consents that are necessary for you to provide the Content; and (iii) you will immediately remove and notify us of any Content that does not comply with these Terms and Conditions or may infringe the rights of third parties. You agree to indemnify the Campaign and its affiliates for all claims brought by a third party against Campaign or its affiliates in respect of infringement of that third party’s intellectual property rights or arising out of or in connection with a breach of any of these warranties.
Content objectionsIf you object to the publication of any material placed in our forums, please let us know by contacting us. This is the fastest way to notify us.
General practices regarding use and storageYou acknowledge that the Campaign may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days uploaded Content will be retained by the Service and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that the Campaign has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that the Campaign reserves the right to de-activate accounts that are inactive for an extended period of time. You further acknowledge that the Campaign reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Modifications to serviceThe Campaign reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Campaign shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
TerminationYou agree that the Campaign, in its sole discretion and without liability to you or any third party, may suspend or terminate, with or without notice, the websites and/or the Service or any part of it or any of your passwords or accounts (or any part(s) thereof or related files and information) within the Service, and may remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if the Campaign believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Where there is a breach of these Terms and Conditions, the rights described in this paragraph are not the Campaign’s only remedy and the Campaign may take any other action we reasonably deem appropriate in connection with such breach.
Links to other websites or resourcesThe Service may provide, or third parties may provide, links to other websites or resources. Because the Campaign has no control over these sites and resources, you acknowledge and agree that the Campaign is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Campaign shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
The Campaign’s proprietary rightsThe Campaign is the sole owner or the licensee of all copyright, trade marks, service marks and/or other intellectual property rights in the websites and the Service (including any Content made available through the Websites and/or the Service and the underlying source code) that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by third party copyrights, trade marks, service marks, patents or other proprietary rights and laws.
Use of MaterialThe Campaign grants you a personal, non-transferable and non-exclusive right and licence to use the websites and the Service for their intended purpose subject to your compliance with these Terms and Conditions. This licence does not include the right to collect or use information contained on the websites for any purpose not specifically listed in these Terms and Conditions, to compete with the Campaign, to create derivative works based on the Content of the websites, or to download or copy the websites (other than page caching). If you use the website in a manner that exceeds the scope of this licence or you breach these Terms and Conditions, the Campaign may revoke the licence granted to you. All resources, information, video, photographic and other materials presented on this website are subject to copyright, trade marks, service marks and/or other intellectual property rights owned by or licensed to Campaign. Media outlets and registered users may re-use the information on this website free of charge in any format, but you must:
- Re-use the information accurately;
- Acknowledge the source of the information;
- Not re-use the information in a deliberately misleading way;
- Not re-use the information for promotion or advertising purposes;
- Not imply endorsement by the Campaign;
- Not mimic the style and appearance of the original information, for example by replicating the look of the website.
Images and photographyImages and photographs on this site are subject to copyright protection unless otherwise indicated. You may re-use these images subject to the conditions listed above.
Linking to the Campaign pagesYou can also link to the Campaign website pages. You do not have to ask permission to link to the Websites but the Campaign can provide wording and linking graphics.
Re-using third party materialThe permission to reproduce protected material does not extend to any material on this website that is identified as copyright of a third party. Permission to use such material must be obtained from the copyright holder concerned. You acknowledge that, by making use of the websites, you are agreeing to comply with this prohibition and that any breach thereof is likely to result in legal proceedings being issued against you.
DisclaimersYou expressly acknowledge and agree that:
- Your use of the Service is at your sole risk. The Campaign has made all reasonable efforts to ensure that the Content on the websites and made available through the Service is accurate and up-to-date and correct at the time of publication. However, the websites and the Service are provided on an ‘as is’ and ‘as available’ basis. We do not guarantee the accuracy, timeliness, completeness or fitness for purpose of the Content provided on the websites or through the Service or that use of the websites will be uninterrupted, and virus or error-free. No responsibility is accepted by or on behalf of the Campaign for any errors, omissions or inaccurate information on the websites or available through the Service;
- The Content on the websites and made available through the Service is for general information only and is not intended to, nor does it, constitute legal or other professional advice or services or a recommendation to purchase any product or service upon which a specific decision should be made. The information, Content of the websites and Service do not address your particular circumstances and accordingly you should not rely upon the Content of the websites or the Service as a substitute for proper professional advice;
- The Campaign is not responsible for how the Content on the websites or available through the Service is used, is interpreted or what reliance is placed on it. We do not accept any responsibility for the results of any action taken on the basis of the information provided on the Websites or available through the Service;
- Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material;
- No advice or information, whether oral or written, obtained by you from the Campaign shall create any warranty or other obligation not expressly stated in these Terms and Conditions.
Confidential InformationYou acknowledge that any Confidential Information (as defined below) which you obtain through the entering into of these Terms and Conditions and the use of the Service constitutes the valuable, confidential, proprietary information of the Campaign and its licensors, and you agree that during the term of your use of the Service and thereafter you shall not, without our express written consent, use or disclose to any other person any such Confidential Information, except as specifically authorized under these Terms and Conditions or as required by applicable law. For the purposes of these Terms and Conditions, “Confidential Information” means any and all data, information, documents, software or materials relating to the business and management of the Campaign, its users and members, affiliates, licensors or licensees, that is designated as confidential or ought reasonably to be considered confidential, including but not to: their business model and operations, processes, products, designs, pricing, promotions, business plans, business opportunities, finances, research, development, know-how, trade-secrets, training materials, personnel, clients, methodologies, website content belonging to others and other intellectual property.
IMPORTANT – LIMITATIONS OF LIABILITYThe Campaign’s liability to you in contract, tort (including negligence) or otherwise with regard to these Terms and Conditions, use of the Websites and/or any Service shall be no greater than £150. You expressly acknowledge and agree that the Campaign shall not be liable for any indirect, incidental, special, consequential or exemplary damages, nor for direct or indirect loss of profits revenue, business, anticipated savings, goodwill, opportunity, reputation, business interruption, use, data or intangible losses even if the Campaign has been advised of the possibility of such damage. Nothing in these Terms and Conditions shall affect the statutory rights of any consumer or exclude or restrict any liability for fraud or for death or personal injury arising from the negligence of the Foundation.
Events outside of our ControlThe Campaign will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions or any Contract that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lockouts or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks;
- The acts, decrees, legislation, regulations or restrictions of any government.
ComplaintsIf you have any complaints about the websites, we want to hear from you so we can improve our service. Please e-mail us at via our contact us page here (((hyperlink to ‘Come join me, add your voice and be part of building Newham’s future together’ contact form))) and we will consider your comments carefully.
Data ProtectionTo the extent that either you or the Campaign is acting as a data controller, each party shall comply with its respective obligations under the Data Protection Acts in force from time to time. You acknowledge that the Campaign may process personal data relating to an applicant and/or a user for its own purposes as a data controller. To the extent that the Campaign is processing any personal data on your behalf as a data processor, the Campaign shall:
- Implement and maintain appropriate technical and organisational measures to protect the personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected;
- Process the personal data only in accordance with your instructions (which may be specific instructions or instructions of a general nature as set out in these Terms and Conditions or as otherwise notified to us).
- You will have in place appropriate technical and organisational measures to protect the personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected;
- You have no reason to believe that any local laws are in existence that would have a substantial adverse effect on the guarantees provided for in these Terms and Conditions, and that you will promptly inform the Campaign if you become aware of any such laws;
- You will identify a contact point authorised to respond to enquiries concerning processing of the personal data, and will cooperate in good faith with the Campaign, the data subjects and the UK Information Commissioner concerning all such enquiries within a reasonable time; and
- You will process the personal data in accordance with the data processing principles set forth in the Data Protection Act 1998.
- The personal data provided to you has been collected, processed and transferred in accordance with English law; and
- You shall respond to enquiries from data subjects and the UK Information Commissioner concerning the personal data transferred by you.