Terms and Conditions
INFRA 360 PLATFORM USER TERMS
PLEASE READ THESE LICENCE TERMS CAREFULLY
BY ACCESSING THE PLATFORM, YOU AGREE TO THESE TERMS WHICH BIND YOU. YOU ARE STRONGLY ADVISED TO READ OUR DISCLAIMER AT CLAUSE 7.
1. DEFINITIONS
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Acceptable Use Policy |
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Access |
the access provided
by us which enables you to access the Platform via your Account in accordance
with these Terms. |
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Account |
a registered
account on the Platform. |
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Contribution |
any and all
material which you contribute, interact with and/or otherwise upload to our
platform, including but not limited to photographs, images, text and threads
on forums and in general, your use of the platform. |
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Cookie Policy |
the Cookie Policy specific to the Platform available at https://infra360.org.uk/cookie-policy |
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Intellectual Property Rights |
patents, rights to inventions, copyright, moral rights, trade marks,
business names and domain names, rights in get-up and trade dress, goodwill
and the right to sue for passing off or unfair competition, rights in
designs, rights in computer software, database rights, rights to use, and
protect the confidentiality of, confidential information (including know-how
and trade secrets) and all other intellectual property rights, in each case
whether registered or unregistered and including all applications and rights
to apply for and be granted, renewals or extensions of, and rights to claim
priority from, such rights and all similar or equivalent rights or forms of
protection which subsist or will subsist now or in the future in any part of
the world. |
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Licence Restrictions |
as set out in clause 9. |
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Platform |
the Infra 360 platform accessed
via our Website or via the hyperlink: https://infra360.org.uk/ and any updates or supplements to it. |
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Privacy Policy |
our Privacy Policy as updated from time to time which can be found on our Website at: https://infra360.org.uk/privacy-policy |
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Terms |
together, these terms and
the Acceptable Use Policy. |
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we, us, our |
Devon
Integrated Social Care Alliance CIC t/a Infra 360, incorporated and
registered in England and Wales with company number 14410839 whose registered
office is at 145 Queen Street, Newton Abbot, Devon, United Kingdom, TQ12 2BN. |
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Website |
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2. HOW TO CONTACT US & REPORT CONTENT
2.1. If you have any queries, want to report an issue, or wish to get in touch, please contact us https://infra360.org.uk/contact-us
2.2. If
we have to contact you, we will do so by email or telephone, using the contact
details you have provided when signing up to an Account.
2.3. If you become aware of any material that is illegal or could comprise or be connected to child sexual abuse or exploitation or could comprise terrorist content or be connected to terrorism, please contact us immediately on https://infra360.org.uk/contact-us
2.4. If you wish to complain about any other content, including any content that breaches these Terms please contact us on https://infra360.org.uk/contact-us
3. ACCESS
3.1. In
order to access the Platform, you must set up an Account via our Website.
3.2. Any
information you provide when registering an Account must be genuine, true and
accurate.
3.3. You
must elect an acceptable username and password to set up an Account.
3.4. Once
you have registered for an Account, we may provide you with Access.
3.5. You must not share your username and/or password with anyone and you are responsible for the strength of your password.
4. THE LICENCE
4.1. In
consideration for your compliance with these Terms and signing up for an
Account, upon Access, we grant you a non-exclusive, royalty-free, worldwide
licence to use the Platform in accordance with these Terms for your use only. If
you default on any part of our Terms, we have the right to suspend and/or
remove your access to the Platform and with immediate effect.
4.2. This licence grants you the right to use the Platform as a healthcare forum, online directory and discussion board to share best practice, know-how and knowledge with other users. Your use of the Platform is subject to the restrictions and terms of this Licence, including but not limited to the Licence Restrictions and our Acceptable Use Policy.
5. YOUR PRIVACY
5.1. You
agree to us collecting and using technical information about the devices you
access the Platform from and related software, hardware and peripherals to improve
our service and Platform as more particularly detailed in our Cookie Policy.
5.2. Under
data protection laws, we are required to provide you with certain information
about who we are, how we process your personal data, for what purposes, your
rights in relation to your personal data and how to exercise them. This
information is provided in our Cookie Policy and Privacy Policy and it is important
that you read that information.
5.3. You must be conscious of the content you upload onto the Platform and you must not upload or otherwise provide any personal data. We are not responsible for what you or others choose to upload onto the Platform.
6. USE OF THE PLATFORM
6.1. The
content on our Platform is provided for general information only. It is not
intended to amount to advice on which you should rely.
6.2. Your
Access to the Platform is dependent on your compliance with these Terms.
Failure to comply with these Terms may result in suspension or termination of
your Access and Account.
6.3. If
you want to learn more about the Platform or have any problems, all queries,
enquiries or issues should be directed to us through the contact details
provided above.
6.4. The
Platform has not been developed to meet individual requirements. It is your
responsibility to check that the facilities and functions of the Platform meet
your requirements.
6.5. In
order to access and sign up to the Platform using your unique Access Link you
must use a web browser. We recommend using the latest version of Google Chrome,
Microsoft Edge, Firefox, or Safari.
6.6. In
order to access the Platform using your unique Access you must have a compatible
device and comply with these terms and conditions.
6.7. From
time to time, we may update and change the Platform to improve performance,
enhance functionality, reflect changes or address security issues.
6.8. If
you stream the Platform onto any device not owned by you, you must have the
owner's permission to do so. You will be responsible for complying with these Terms,
whether or not your own the device.
6.9. Please note that this Platform is not monitored or regularly checked by us.
7. DISCLAIMER
7.1.
THIS PLATFORM IS INTENDED TO SERVE
AS A FORUM FOR USERS TO COLLABORATE AND SUPPORT EACH OTHER, SHARE KNOWLEDGE,
RESOURCES AND BEST PRACTICE IN THE HEALTHCARE INDUSTRY. THIS PLATFORM IS NOT AND
MUST NOT BE USED TO PROVIDE, RECEIVE, ADVERTISE AND/OR OFFER MEDICAL ADVICE,
DIAGNOSIS, TREATMENT OR OTHER HEALTHCARE ADVICE. ANY SUCH ADVICE SHARED ON THE
PLATFORM GOES AGAINST OUR ACCEPTABLE USE POLICY AND WILL NOT BE TOLERATED. WE ARE
NOT RESPONSIBLE FOR ANY SUCH ADVICE CONTAINED ON THE PLATFORM, NOR THE RELIANCE
OR CONSEQUENCES OF THE SAME. IF YOU USE THIS PLATFORM TO GIVE MEDICAL ADVICE,
WE MAY SUSPEND YOUR ACCOUNT AND/OR TAKE ANY OF THE ACTIONS LISTED AT CLAUSE 9.5. YOU UNDERSTAND AND ACCEPT THAT
YOU USE THIS PLATFORM AT YOUR OWN RISK. YOU MUST OBTAIN PROFESSIONAL OR
SPECIALIST ADVICE BEFORE TAKING, OR REFRAINING FROM, ANY ACTION ON THE BASIS OF
THE CONTENT ON OUR PLATFORM.
7.2. The Platform may include information and materials uploaded by other users of the Platform, including to social media pages, video-sharing sites, bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
8. LICENCE PERMISSIONS
8.1. In
return for you agreeing to comply with these Terms and the Licence Restrictions
you may access the Platform on multiple devices via your Account for your own
use in accordance with these terms and conditions.
8.2. Where there is any conflict between these terms and the Acceptable Use Policy, these terms take precedence.
9. LICENCE RESTRICTIONS
9.1. You
agree that you will comply with these Terms and all applicable technology
control or export laws and regulations that apply to the technology used or
supported by the Platform.
9.2. You agree that you will comply and adhere to the Acceptable Use Policy at all times, including but not limited to whenever you make use of a feature that allows you to upload Contributions to our Platform, or to make contact with other users of our Platform; in particular, you must comply with the content standards set out in our Acceptable Use Policy https://staging1.infra360.org.uk/privacy-policy
9.3. You warrant that any such Contribution does comply with those content standards, and you are 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.
9.4. In
addition to the Acceptable Use Policy, you must not:
9.4.1. infringe
our Intellectual Property Rights or those of any third party in relation to
your use of the Platform, including by the submission of any Contribution (to
the extent that such use is not licensed by these terms);
9.4.2. permit
any third party to infringe the Intellectual Property Rights or those of any
third party in relation to their use of the Platform, including by the
submission of any material;
9.4.3. use
the Platform in a way that could damage, disable, overburden, impair or
compromise our systems or security or interfere with other users;
9.4.4. collect
or harvest any information or data from the Platform or our systems or attempt
to decipher any transmissions to or from the servers;
9.4.5. conduct,
facilitate, authorise or permit any text or data mining or web scraping in
relation to our site or any services provided via, or in relation to, our
Platform; and
9.4.6. unless you have obtained our prior express written permission, use the Platform as a marketplace to promote or advertise any products or services.
9.5.
If in our sole opinion you are in
breach of this clause 9 (including any part of the
Acceptable Use Policy) then we may, at our discretion, take any or all of the
following actions:
9.5.1. terminate
your use of the Platform; and/or
9.5.2. block
your access to the Platform;
9.5.3. suspend
your access to the Platform; and/or
9.5.4. report
your activity to the appropriate authority; and/or
9.5.5. bring
action against you in respect of your breach and pursue you for any damages
arising from your action.
9.6. We have the right to remove any Contribution you make on our Platform (or any other content posted by other users) if, in our opinion, your Contribution does not comply with the content standards set out in our Acceptable Use Policy https://staging1.infra360.org.uk/privacy-policy
10. CHANGES TO THESE TERMS
10.1. We
may need to change these terms to reflect changes in law or best practice or to
deal with additional features which we introduce.
10.2. If you do not accept the changes, you may not be permitted to continue to use the Platform or access your Account.
11. INTELLECTUAL PROPERTY RIGHTS
11.1. All
Intellectual Property Rights in the Platform throughout the world belong to us (or
our licensors) and the rights in the same are licensed (not sold) to you. This
includes any modifications, updates, later versions, or adaptations to the Platform.
You have no Intellectual Property Rights in, or to, the Platform other than the
right to use them in accordance with these Terms.
11.2. Any
Contributions you upload to the Platform will be considered non-confidential
and non-proprietary. You retain all of your ownership rights in Contributions,
but you grant us an irrevocable, sub-licensable, transferable, royalty-free, non-exclusive,
worldwide licence to use the Contributions as we see fit, including making them
available to third parties.
11.3. We also have the right to disclose your
identity to any third party who is claiming that any Contribution posted or
uploaded by you to our site constitutes a violation of their Intellectual
Property Rights or of their right to privacy.
11.4. You
are solely responsible for securing and backing up your Contributions.
11.5. You
agree to notify us of any restrictions on usage and any other contractual
restrictions arising in respect of any third-party Intellectual Property
Rights.
11.6. You agree to indemnify us in full against all losses (whether direct or indirect) in connection with any claim made against us for actual or alleged infringement of a third party’s Intellectual Property Rights in connection with your use of the Platform and/or Contributions. This indemnity extends to any interest, penalties, and reasonable legal and other professional fees awarded against or incurred or paid by us.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1. Nothing
in these terms limits any liability which cannot legally be limited, including
liability for death or personal injury
caused by negligence or fraud or fraudulent
misrepresentation.
12.2. Regardless of how you use our Platform,
we have no liability to you:
12.2.1.
whether in contract, tort
(including negligence), for breach of statutory duty, or otherwise, arising
under or in connection with this end user licence agreement for any indirect or
consequential loss or damage;
12.2.2.
for any loss or damage suffered,
including loss of work, income, or employment;
12.2.3. in
relation to reliance on or any action taken in respect of the information
available on the Platform;
12.2.4. for
any business or commercial losses, you or another party may suffer from use of
or access to the Platform including use as permitted or as restricted by the
terms of this licence.
12.3. The
Platform may contain links to other independent websites which are not provided
by us. Such independent sites are not under our control, and we are not
responsible for and have not checked and approved their content or their
privacy policies (if any).
12.4. You
will need to make your own independent judgement about whether to use any such
independent sites, including whether to buy any products or services offered by
them.
12.5. Although
we make reasonable efforts to update the information on our Platform, we make
no representations, warranties or guarantees, whether express or implied, that
the content on our Platform is accurate, complete or up to date.
12.6. We do not guarantee that our site will be secure or free from bugs or viruses. You should use your own virus protection software.
13. WE MAY END YOUR LICENCE IF YOU BREAK THESE TERMS
13.1. We
may end your licence at any time by contacting you if you have broken these
terms in a serious way. If what you have done can be put right, we will give
you a reasonable opportunity to do so but we reserve the right to terminate
your use/block your access to the Platform.
13.2. If
we end your rights to use the Platform, you must:
13.2.1. stop
all activities authorised by these Terms, including any use of the Platform;
13.2.2. immediately
delete or remove the Platform from all devices in your possession and confirm
to us that you have done this.
13.3. If
you frequently submit notices or complaints that are clearly unfounded, we may
suspend the processing of any further notices or complaints from you for a
reasonable period of time. We will warn you in advance if we propose to suspend
processing of your notices or complaints. When deciding whether to suspend you,
we will consider:
13.3.1. how
many items of clearly unfounded notices or complaints you submitted within a
given time frame in terms of the volume of other notices or complaints
submitted by other users during that time;
13.3.2. the
gravity of the misuse;
13.3.3. where
possible to identify, your intention in submitting the notices or complaints.
14. TRANSFERING THIS AGREEMENT TO SOMEONE ELSE
14.1. We
may transfer our rights and obligations under these terms to another
organization. We will always tell you in writing if this happens and we will
ensure that the transfer will not affect your rights under the contract.
14.2. You may not transfer your rights or your obligations under these terms.
15. NO RIGHTS FOR THIRD PARTIES
This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
16. SEVERANCE
16.1. If
a court finds part of this contract illegal, the rest will continue in force.
16.2. Each
of the clauses of these terms operates separately. If any court or relevant
authority decides that any of them are unlawful, the remaining clauses will
remain in full force and effect.
17. NO WAIVER
17.1. Even
if we delay in enforcing this agreement, we can still enforce it at a later
date.
17.2. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
18. GOVERNING LAW AND JURISDICTION
The validity, construction and performance of
the Agreement shall be governed by English law and shall be subject to the
exclusive jurisdiction of the English courts to which the Parties submit.