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Terms and Conditions

Wellbeing Information and Signposting for Herefordshire (WISH) e-marketplace

Definitions

Contract  means the contract further described in clause 2 below
Content any text, image, audio or video submitted to the Website by a Provider from time to time
Council means Herefordshire Council
Customer any visitor to the Website other than a Provider, including any person looking to purchase goods, services, memberships, take part in volunteer activities etc, from or with a Provider
e-marketplace      means the website [WISH] at the URL http://www.wisherefordshire.org/ and all associated information
Provider a Website User who intends to supply goods or services and who advertises or intends to advertise on the Website
Service means the service provided by the Provider to the Customer (which shall, for these purposes, also be taken to include the supply of goods) 
 Website User any person using this Website, whether a Provider or a Customer

 

Terms and Conditions:

Herefordshire Council warmly welcomes you to the Website

1.  Owner and operator of this Website:

The Council is the owner of the Website.

2.  Basis of Contract

In consideration for making available via the e-marketplace the details of any Services offered by a Provider, the Provider agrees to comply with the terms and conditions set out in this document (the “Conditions”). This agreement shall constitute the Contract.

3.  Acknowledgements by the Provider:

By using this Website, each Provider acknowledges and agrees that:

  • It has read and understood these Conditions;
  • These Conditions (and no others) will apply to such use.
4.  Purposes of the Website:

To enable Customers to obtain contact details and other information about Providers with a view to entering a further arrangement (e.g. to purchase goods and/or services, join clubs, engage in voluntary activities etc.).

5.  Whether the Provider should rely on anything on the Website as professional advice:

  • The contents of the Website are for information purposes only.
  • Nothing in this Website should be read as a substitute for professional advice.
  • The Council recommends that the Website User obtains suitable expert advice where appropriate.
  • Any warnings and advice given on the Website regarding protections a Customer should observe when dealing with Providers should be read as not exhaustive.
  • The views expressed by Website Users do not represent the views or opinions of the Council.
6.  Extent to which the Council is obliged to allow a Provider’s Content to be included on the Website from time to time:
  • The Council’s decision to permit a Provider to register and publish Content via the Website may be subject to any conditions the Council sets (e.g. having insurance, holding a particular licence, accreditation, registration etc.). Such examples are to be considered illustrative only.
  • The Council reserves the right to amend, remove or redact any Content published by any Provider at any time at its absolute discretion.
7.  Charges payable by the Provider to publish Content:

No charges shall become payable

8.  Obligations of the Provider in relation to the Content:

  • The Provider must ensure (on an ongoing basis) that the information it publishes on the Website is accurate, complete and up-to-date.
  • Each Provider is solely responsible for backing up its Content
All Content must:
  • Be accurate (where it includes facts);
  • Be genuinely held (where it includes opinions); and
  • Comply all laws applicable in England and Wales.
Content must not:
  • Be defamatory of any person;
  • Be obscene, offensive, hateful or inflammatory;
  • Promote violence or sexually explicit material;
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • Infringe the copyright, database right or trade mark of any other person;
  • Promote or enable any illegal activity; or
  • Breach any legal duty the Provider or the Council may have to a third party.
9.  Extent of the Council’s liability to the Website User for the Website User’s losses, damage or costs:

The Council does not exclude or limit in any way its liability to the Provider where it would be unlawful to do so. This includes liability for death or personal injury caused by the Council's negligence or the negligence of its employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Exclusions

(a)  Any inaccurate, incomplete and/or out-of-date information indicated on the Website

  • The Council’s liability is excluded to the fullest extent permitted by law.
  • In relation to contact and other information relating to a Provider: the Council is completely reliant on the Provider ensuring its information is accurate, complete and up-to-date.
(b)  Any acts or failures to act by any Provider whose information is provided on the Website
  • The Council’s liability is excluded to the fullest extent permitted by law.
  • The parties acknowledge the following:
  • The Council will not be responsible for any aspect of the provision of any goods, services, memberships, volunteer opportunities etc. provided by the Provider.
  • Any arrangement for the provision of such goods, services, memberships, volunteer opportunities etc. is entirely between the Provider and the Website User.
  • The Council (in its capacity as owner of this Website) has no involvement in any dispute between the Website User and the Provider. The Council may have involvement in such disputes in other capacities (e.g. trading standards, planning, licensing etc.).
(c)  Removal of a Provider’s details from the Website for any reason
  • The Council’s liability to the Provider is excluded to the fullest extent permitted by law.
  • The parties acknowledge that this is reasonable, given that the Council imposes no charges on the Provider for inclusion of the Provider’s Content on the Website.
(d)  Non-availability or discontinuation of the Website
  • The Council’s liability to the Provider is excluded to the fullest extent permitted by law.
(e)  Any links to third party websites indicated on the Website from time to time
  • The Council’s liability to the Provider is excluded to the fullest extent permitted by law, particularly in relation to the following:
    • The content of such third party websites.
    • Any goods and/or services etc. offered by the operators of such third party websites.
  • Whether such links work.
(f)  Other Losses:
  • The Council excludes its liability for any business interruption, loss of profits, sales, business opportunity, anticipated savings, or loss of data; and
  • The Council shall not be liable for any indirect or consequential loss or damage.
10. Indemnity given by the Provider
  • The Provider shall indemnify (and keep indemnified) the Council and its personnel and its affiliated entities for their respective damages, losses and costs incurred as a result of any claim made or threatened against any of them to the extent the claim results from the acts (or failures to act) by the Provider (or any person acting on its behalf).
  • This includes (without limitation), claims made in relation to the negligence and/or breach of contract and/or breach of the law by or on behalf of the Provider in connection with the supply of any goods and/or services to any Customer.
11. Ownership of copyright and other intellectual property relating to the Website.)
  • All intellectual property in the Website (apart from the Content) belongs to the Council or its third party licensors and not to the Website User.
  • The Website User shall not have any proprietary interest in, or any right to use such intellectual property.
  • Exception: to the extent otherwise indicated in item 12 or to the extent otherwise permitted in writing by the Council or the third party licensor.
  • The Provider shall retain all rights in and to its Content.
  • The Provider hereby grants the Council a non-exclusive, irrevocable, unlimited licence to use, store, copy or amend the Content as it may see fit in its absolute discretion.
12. Right of the Website User to copy, print out or otherwise use intellectual property described in item 11
  • Only as follows:
  • To display the Content of the Website on an electronic screen.
  • To print out pages, but only for personal, non-commercial purposes.
13. Specific restrictions on the right of the Website User to copy, print out or otherwise use intellectual property described in item 12

The Provider may not do any of the following (without limiting the Provider’s other restrictions under these Conditions):

  • Publish any Content from the Website in any way and on any media.
  • Use any intellectual property of the Council for any commercial purpose.
14. Data Protection
  • The Council processes data under the Data Protection Act (the ‘Act’) 1998 and will at all times comply with the data protection principles set out in the Act. The Privacy Policy can be found here.
15. Cookies
  • The Council uses cookies in the public interface to allow it to personalise the Website to meet the requirements of all Website Users.
  • If a Website User does not wish to receive a cookie, then he/she must set his/her web browser to reject or deny it.
  • In Internet Explorer this can be done by adjusting the privacy settings within ‘Internet Options’ from the ‘Tools’ menu. However, if cookies are turned off it will disable some of the functionality including ‘favourites’ and ’shortlisting’.
16. Information the Council collects automatically to improve the Website

The Council collects and stores the following information in relation to a visit to the Website that is automatically recognised.

  • Name of person registering
  • Date and time
  • Originating IP
  • Type of browser
  • Operating system used
  • URL of the referring page
  • Page requested
  • Completion status of the request
The Council does not seek to link any of the data collected to any individual.
The information only allows the Council to assess the popularity of the pages on the Website, so that continual improvements can be made to the site.
17. Discontinuation of the Website

The Council may discontinue the Website (or any part of it) at any time and is not obliged to provide notice to (or seek the permission of) any Website User.

18. Amendments to these Conditions

  • The Council may amend these Conditions at any time by publishing such changes on the Website.
  • The Council is not required to give notice to (or obtain the permission of) any Website User.
19. Acknowledgements of the Council and each Website User in relation to the Contract
  • These Conditions constitute the entire agreement between the Council and each Website User on the relevant subject matter.
  • No Website User relies on any warranty or representation regarding the Website except as expressly indicated in these Conditions.
20. Governing law

These Terms and Conditions shall be construed according to the laws of England and Wales.

21. Resolution of disputes between the Council and any Website User

Disputes between the Council and each Website User regarding the Website (and the Website User’s use of it) and these Conditions shall be subject to the exclusive jurisdiction of the English courts.

22. Waiver

No waiver of any rights or powers of the Council under these Conditions is valid unless made in writing, and clearly indicating that it is a waiver of a right or power.

23. Severability

  • If any provision of these Conditions is held by any court or similar body to be invalid or unenforceable for any reason, the relevant provision shall be modified by removing or altering those parts of that provision that create the invalidity or unenforceability to the minimum extent necessary to allow the provision to be held to be valid and enforceable.
  • If this is not possible, the entire provision shall be severed from these Conditions, and the remaining provision shall remain in full force and effect. This item has no effect to the extent any modification, removal or severance is inconsistent with public policy or materially alters the fundamental nature of the Contract.