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(1) Introduction


These terms and conditions govern your use of our website; by using our website, you accept these
 terms and conditions in full. If you disagree with these terms and conditions or any part of 
these terms and conditions, you must not use our website.

[You must be at least [18] years of age to use our website. By using our website [and by agreeing
 to these terms and conditions] you warrant and represent that you are at least [18] years of age.]
 [Our website uses cookies. By using our website and agreeing to these terms and conditions,
 you consent to our use of cookies in accordance with the terms of our
 [privacy policy / cookies policy].] 

(2) Credit


 We created these terms and conditions using a free
 terms and conditions form
 available at www.website-law.co.uk. SEQ Legal specialises in the supply of professional legal
 templates, such as
 author contracts. 

(3) Licence to use website


 Unless otherwise stated,
 we or our licensors own the intellectual property rights in the website and material on the website.
 Subject to the licence below, all these intellectual property rights are reserved. You may view,
 download for caching purposes only, and print pages [or [OTHER CONTENT]] 
from the website for your own personal use, subject to the restrictions set out below and elsewhere
 in these terms and conditions. You must not: (a) republish material from this website
 (including republication on another website); (b) sell, rent or sub-license material from the website;
 (c) show any material from the website in public; [(d) reproduce, duplicate, 
copy or otherwise exploit material on our website for a commercial purpose;] 
[(e) edit or otherwise modify any material on the website; or] [(f) redistribute material from this website 
[except for content specifically and expressly made available for redistribution [(such as our newsletter)].] 
[Where content is specifically made available for redistribution, 
it may only be redistributed [within your organisation].] 

(4) Acceptable use


 You must not use our website in any way that causes, or may cause,
 damage to the website or impairment of the availability or accessibility of the website; or in any way which 
is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, 
fraudulent or harmful purpose or activity. You must not use our website to copy, store, host, transmit, send, use,
 publish or distribute any material which consists of (or is linked to) any spyware, computer virus, 
Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct
 any systematic or automated data collection activities (including without limitation scraping, data mining,
 data extraction and data harvesting) on or in relation to our website without our express written consent.
 [You must not use our website to transmit or send unsolicited commercial communications.] 
[You must not use our website for any purposes related to marketing without our express written consent.] 

(5) Restricted access


 [Access to certain areas of our website is restricted.] 
We reserve the right to restrict access to [other] areas of our website, or indeed our whole website,
 at our discretion.
 If we provide you with a user ID and password to enable you to access restricted areas of our website or 
other content or services, you must ensure that that user ID and password is kept confidential. 
[We may disable your user ID and password in our sole discretion without notice or explanation.] 

(6) User generated content


 In these terms and conditions, 
"your user content" means material (including without limitation text, images, audio material, 
video material and audio-visual material) that you submit to our website, for whatever purpose. 
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, 
adapt, publish, translate and distribute your user content in any existing or future media. 
You also grant to us the right to sub-license these rights, 
and the right to bring an action for infringement of these rights. 
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, 
and must not be capable of giving rise to legal action whether against you or us or a third party 
(in each case under any applicable law). You must not submit any user content to 
the website that is or has ever been the subject of any threatened or actual legal proceedings or 
other similar complaint. We reserve the right to edit or remove any material submitted to our website, 
or stored on our servers, or hosted or published upon our website. [Notwithstanding our rights under 
these terms and conditions in relation to user content, we do not undertake to monitor the submission 
of such content to, or the publication of such content on, our website.] 

(7) Limited warranties


 We do not warrant the completeness or accuracy 
of the information published on this website; nor do we commit to ensuring that 
the website remains available or that the material on the website is kept up-to-date. 
To the maximum extent permitted by applicable law we exclude all representations, 
warranties and conditions relating to this website and the use of this website 
(including, without limitation, any warranties implied by law of satisfactory quality, 
fitness for purpose and/or the use of reasonable care and skill). 

(8) Limitations and exclusions of liability


 
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death
 or personal injury resulting from negligence; (b) limit or exclude our or your liability 
for fraud or fraudulent misrepresentation; 
(c) limit any of our or your liabilities in any way that is not permitted under applicable law; or 
(d) exclude any of our or your liabilities that may not be excluded under applicable law. 
The limitations and exclusions of liability set out in this Section and elsewhere in these 
terms and conditions: (a) are subject to the preceding paragraph; and (b) 
govern all liabilities arising under the terms and conditions or in relation to the subject 
matter of the terms and conditions, including liabilities arising in contract, in tort 
(including negligence) and for breach of statutory duty. [To the extent that the website 
and the information and services on the website are provided free-of-charge, 
we will not be liable for any loss or damage of any nature.] 
[We will not be liable to you in respect of any losses arising out 
of any event or events beyond our reasonable control.] 
[We will not be liable to you in respect of any business losses, 
including (without limitation) loss of or damage to profits, income, 
revenue, use, production, anticipated savings, business, contracts, 
commercial opportunities or goodwill.] [We will not be liable to you in 
respect of any loss or corruption of any data, database or software.] 
[We will not be liable to you in respect of any special, indirect or consequential loss or damage.]
 

(9) Indemnity


 You hereby indemnify us and undertake to keep us indemnified against any losses, 
damages, costs, liabilities and expenses (including without limitation legal expenses 
and any amounts paid by us to a third party in settlement of a claim or dispute on the 
advice of our legal advisers) incurred or suffered by us arising out of any breach 
by you of any provision of these terms and conditions[, or arising out of any claim that you 
have breached any provision of these terms and conditions]. 

(10) Breaches of these terms and conditions


 
Without prejudice to our other rights under these terms and conditions, 
if you breach these terms and conditions in any way, we may take such action as we deem 
appropriate to deal with the breach, including suspending your access to the website, 
prohibiting you from accessing the website, 
blocking computers using your IP address from accessing the website, 
contacting your internet service provider to request that they block your access to the website 
and/or bringing court proceedings against you. 

(11) Variation


 We may revise these terms and conditions from time-to-time. 
Revised terms and conditions will apply to the use of our website from the date of the publication 
of the revised terms and conditions on our website. Please check this page regularly to ensure 
you are familiar with the current version. 

(12) Assignment


 We may transfer, sub-contract or otherwise deal 
with our rights and/or obligations under these terms and conditions without notifying 
you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights
 and/or obligations under these terms and conditions. 

(13) Severability


 If a provision of these terms and conditions is determined
 by any court or other competent authority to be unlawful and/or unenforceable, 
the other provisions will continue in effect. If any unlawful and/or unenforceable 
provision would be lawful or enforceable if part of it were deleted, 
that part will be deemed to be deleted, and the rest of the provision will continue in effect. 

(14) Exclusion of third party rights


 These terms and conditions are for 
the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.
 The exercise of our and your rights in relation to these terms and conditions 
is not subject to the consent of any third party. 

(15) Entire agreement


 These terms and conditions [, together with our privacy policy,] 
constitute the entire agreement between you and us in relation to your use of our website, 
and supersede all previous agreements in respect of your use of this website. 

(16) Law and jurisdiction


 These terms and conditions will be governed 
by and construed in accordance with English law, and any disputes relating to these 
terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of England and Wales. 

(17) Our details


 The full name :  Our address is [ADDRESS]. You can contact us by email to [This email address is being protected from spambots. You need JavaScript enabled to view it.].

 



Bristol

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NOTE! This site uses cookies and similar technologies.

By continuing to use this website you express your consent to its use of cookies! Learn more

I understand

The EU cookie law (e-Privacy Directive)

The law which applies to how you use cookies and similar technologies for storing information on a user’s equipment such as their computer or mobile device changed on 26 May 2011.

We’ve answered some of your FAQs in a YouTube video, summarising how you can comply and the approach the ICO is taking to enforcement. (Playing YouTube videos sets a cookie.)

 

ICO guidance

Updated in May 2012, our cookies guidance sets out the changes to the cookies law and explains the steps you need to take to ensure you comply.

Download the ICO cookies guidance (pdf)

Our guidance includes additional information about implied consent:

  • Implied consent is a valid form of consent and can be used in the context of compliance with the revised rules on cookies.
  • If you are relying on implied consent you need to be satisfied that your users understand that their actions will result in cookies being set. Without this understanding you do not have their informed consent.
  • You should not rely on the fact that users might have read a privacy policy that is perhaps hard to find or difficult to understand.
  • In some circumstances, for example where you are collecting sensitive personal data such as health information, you might feel that explicit consent is more appropriate.

Find out more about the action we're taking on cookies

European data protection authorities opinion

In June 2012, European data protection authorities (as part of the Article 29 Working Party) adopted an opinion which clarifies that some cookie uses might be exempt from the requirement to gain consent:

  • Some cookies can be exempted from informed consent under certain conditions if they are not used for additional purposes. These cookies include cookies used to keep track of a user’s input when filling online forms or as a shopping cart, also known as session-id cookies, multimedia player session cookies and user interface customisation cookies, eg language preference cookies to remember the language selected by the user.
  • First party analytics cookies are not likely to create a privacy risk if websites provide clear information about the cookies to users and privacy safeguards, eg a user friendly mechanism to opt out from any data collection and where they ensure that identifiable information is anonymised.

Cookies and personal data

Regulation 6 covers the use of electronic communications networks to store information, eg using cookies, or gain access to information stored in the terminal equipment of a subscriber or user.

Although devices which process personal data give rise to greater privacy and security implications than those which process data from which the individual cannot be identified, the Regulations apply to all uses of such devices, not just those involving the processing of personal data.

Where the use of a cookie type device does involve the processing of personal data, service providers will need to make sure they comply with the additional requirements of the Data Protection Act 1998 (the Act). This includes the requirements of the third data protection principle which states that data controllers must not process personal data that is excessive. Where personal data is collected, the data controller should consider the extent to which that data can be effectively processed anonymously. This is likely to be particularly relevant where the data is to be processed for a purpose other than the provision of the service directly requested by the user, for example, counting visitors to a website.

Confidentiality of communications and spyware

It should be remembered that the intention behind this Regulation is also to reflect concerns about the use of covert surveillance mechanisms online. Here, we are not referring to the collection of data in the context of conducting legitimate business online but the fact that so-called spyware can enter a terminal without the knowledge of the subscriber or user to gain access to information, store information or trace the activities of the user and that such activities often have a criminal purpose behind them.

Information to be provided

Cookies or similar devices must not be used unless the subscriber or user of the relevant terminal equipment:

(a) is provided with clear and comprehensive information about the purposes of the storage of, or access to, that information; and

(b) has given his or her consent.

The Regulations are not prescriptive about the sort of information that should be provided, but the text should be sufficiently full and intelligible to allow individuals to clearly understand the potential consequences of allowing storage and access to the information collected by the device should they wish to do so. This is comparable with the transparency requirements of the first data protection principle.

The Regulations state that once a person has used such a device to store or access data in the terminal equipment of a user or subscriber, that person will not be required to provide the information described and obtain consent (and discussed above) on subsequent occasions, as long as they met these requirements initially. Although the Regulations do not require the relevant information to be provided on each occasion, they do not prevent this.

Responsibility for providing the information and obtaining consent

The Regulations do not define who should be responsible for providing the information and obtaining consent. Where a person operates an online service and any use of a cookie type device will be for their purposes only, it is clear that that person will be responsible for complying with this Regulation.

Exemptions from the right to refuse a cookie

The Regulations specify that service providers should not have to provide the information and obtain consent where that device is to be used:

  • for the sole purpose of carrying out or facilitating the transmission of a communication over an electronic communications network; or
  • where such storage or access is strictly necessary to provide an information society service requested by the subscriber or user.

In defining an 'information society service' the Electronic Commerce (EC Directive) Regulations 2002 refer to 'any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service'.

The term 'strictly necessary' means that such storage of or access to information should be essential, rather than reasonably necessary, for this exemption to apply. However, it will also be restricted to what is essential to provide the service requested by the user, rather than what might be essential for any other uses the service provider might wish to make of that data. It will also include what is required to comply with any other legislation the service provider might be subject to, for example, the security requirements of the seventh data protection principle.

Where the use of a cookie type device is deemed 'important' rather than 'strictly necessary', those collecting the information are still obliged to provide information about the device to the potential service recipient and obtain consent.

Wishes of subscribers and users

Regulation 6 states that consent for the cookie type device should be obtained from the subscriber or user but it does not specify whose wishes should take precedence if they are different.

There may well be cases where a subscriber, for example, an employer, provides an employee with a terminal at work along with access to certain services to carry out a particular task, where to effectively complete the task depends on using a cookie type device. In these cases, it would not seem unreasonable for the employer’s wishes to take precedence.

However, it also seems likely that there will be circumstances where a user’s wish should take precedence. To continue the above example, an employer’s wish to accept such a device should not take precedence where this will involve the unwarranted collection of personal data of that employee.