KNOWLEDGE EXCHANGE CONCORDAT – Terms of Use
Last revised: 9 June 2020
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
These terms tell you the basis on which you may use KECONCORDAT.wpengine.com “our website”.
1. WHO WE ARE AND HOW TO CONTACT US
1.1. KEConcordat is operated by the Council for Industry and Higher Education, trading as the National Centre for Universities and Business (“NCUB”, “we”, “us” or “our”), a company limited by guarantee registered in England and Wales with company number 3465914. Our registered office is at Studio 11, Tiger House, Burton Street, London WC1H 9BY.
1.2. Please contact us by email at keconcordat-support@ncub.co.uk or by telephone on 020 7383 7667.
2. BY USING OUR WEBSITE YOU ACCEPT OUR TERMS OF USE
2.1. These Terms of Use (together with the other documents referred to in section 3.1 below) set out the terms on which you may use our website, www.keconcordat.ac.uk and
any services provided or enabled by us for your use through the website (collectively
referred to as “website”).
2.2. By using our website, you are confirming that you accept these Terms of Use and that you will comply with them. If you do not agree to these Terms of Use you must not use our website and you should leave our website immediately.
3. THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
3.1. These Terms of Use refer to the following additional terms which also apply to your use of our website:
3.1.1.Our privacy policy. See also section 3.3 below.
3.1.2.Our cookies policy, which sets out information about the cookies on our website.
3.2. You are responsible for ensuring that anyone else who accesses our website through your internet connection is aware of these Terms of Use and the policies referred to above and that they comply with them.
3.3. We will only use your personal information as set out in our privacy policy.
4. CHANGES TO THESE TERMS OF USE AND OUR OTHER POLICIES
4.1. We may make changes to these Terms of Use and/or our privacy policy or cookie policy from time to time. You should therefore check these Terms of Use or other policies whenever you return to our website to see whether any changes have been made, as these will be binding on you. Your continued use of our website will be deemed acceptance of any changes.
5. WHAT CONSTITUTES ACCEPTABLE USE OF OUR WEBSITE
5.1. You may only use our website for lawful purposes and not in any way that breaches any applicable local, national or international laws or regulations, including without limitation data protection and privacy laws and laws relating to unsolicited commercial electronic messages.
5.2. In addition, you must not:
5.2.1.use our website to send or transmit, whether directly or indirectly, unsolicited or unauthorised advertising or promotional material, chain letters or pyramid selling schemes;
5.2.2.use our website for mail bombing or flooding or to make deliberate attempts to overload a system;
5.2.3.knowingly or recklessly introduce to our website, or use our website to transmit, any viruses, trojan horses, worms, logic bombs, time-bombs, keystroke loggers, spyware, malware, adware or other materials which are malicious or harmful;
5.2.4.attempt to gain unauthorised access to our website, the server, equipment or network on which our website is stored, any server, computer or database connected to our website or any software;
5.2.5.use our website to attempt to gain unauthorised access to any other website, internet account, server, computer, equipment, system, network, data or information;
5.2.6.use our website to monitor data or traffic on any network or system;
5.2.7.use our website to collect or use information, including without limitation email addresses, screen names or other identifiers, by deceit (such as phishing, internet scamming, password robbery, spidering, scraping and harvesting);
5.2.8.use our website to distribute software or access our website via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of the website;
5.2.9.carry out a denial-of-service attack or a distributed denial-of-service attack on our website or use our website to carry out any such attack on any other website;
5.2.10. use our website to groom, harm or take advantage of minors in any way or to attempt to do so; or
5.2.11. use our website: (i) for any purpose which does not comply with the content standards in section 9 below , or (ii) to send, transmit, publish, upload, download, use, store, reproduce or knowingly receive any material that does not comply with the content standards in section 9 below.
5.3. If you breach any term of this section 5, your right to use our website will immediately end, whether temporarily or permanently. In addition we may take such other actions including, without limitation, legal action as we consider appropriate.
5.4. We draw your attention to the fact that a breach of many of the terms set out in this section 5 provision constitutes 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.
6. ACCOUNT DETAILS, PASSWORDS AND SECURITY REQUIREMENTS
6.1. If the website enables you to register an account with us or to register to participate in any online webinar or webinar event services we may make available at any time, you must provide accurate and complete registration information and keep that information up to date at all times.
6.2. You may need a user identification code, password and/or pre-selected answers to security questions in order to access our website. It is your responsibility to keep this information secret and confidential and not to disclose it to any other person. If you think that somebody else might know your user identification code, password and/or pre-selected answers to security questions then you must log into your account and change these as soon as possible.
6.3. We reserve the right to disable your user identification code, password and/or pre-selected answers to security questions at any time if, in our reasonable opinion, you fail to comply with any of these Terms of Use or if we consider that there may be a security risk.
7. OUR WEBSITE AND ITS CONTENT
7.1. Our website is made available to you free of charge. We do not guarantee that access to our website, or the content on it, will always be available or uninterrupted. Your right to access our website is given on a temporary basis only.
7.2. We reserve the right to change our website and the content on it, including without limitation by adding or removing content or functionality, at any time.
7.3. You acknowledge that content on our website may be provided by other users or obtained from other sources other than our own.
7.4. Although we make reasonable efforts to update the content on our website, we make no warranties, representations, undertakings or guarantees that the content on our website is accurate, complete, free from errors or omissions or up to date. Further we make no warranties, representations, undertakings or guarantees that our website is secure or free from bugs or viruses. You are responsible for ensuring that the device from which you access our website has suitable anti-virus software in place.
7.5. The content on our website is provided for general information purposes only. Nothing on our website is intended to be advice on which you should rely. You should always obtain appropriate specialist advice before taking, or not taking, action on the basis of any content on our website.
8. CONTENT UPLOADED TO OUR WEBSITE BY YOU OR BY OTHER USERS
8.1. If we enable you to upload content to our website and you do so, you must comply with the content standards set out in section 9 below in respect of that content.
8.2 If we provide online webinar or webinar event related services promoted from our website and invite you to register and participate in such online webinar or event, we may record any of these (whether audio or audio-visual recordings) and they may include your contribution. We may make these available either with an event-specific password for registrants to that event only or more generally available via our website (and/or third party websites, at our direction) to any user (including the general public). By agreeing to these Terms of Use and in consideration of our providing you with the webinar-related services, you grant us your consent and all necessary permissions (including as applicable by way of waiver of moral rights) to enable us to use your contribution pursuant to the licence provisions in section 8.4 below under which your contribution will be treated as ‘content’.
8.3. You represent and warrant to us that you own any content which you upload to our website and that you will continue to own that content. If you are not the owner of that content, you warrant that you have the right to upload it. For so long as that content remains on our website you grant us a world-wide licence to use, store, copy, distribute, display and make available that content and to permit other users of our website to use, download print and reproduce it in accordance with our Terms of Use. We reserve the right to remove any content that you have uploaded to our website at any time. We also reserve the right to disclose your identity to any person who claims that any content you have uploaded to our website infringes their intellectual property rights or their right to privacy or is defamatory.
8.4 You hereby grant us a non-exclusive world-wide irrevocable, royalty-free, transferable, sub-licensable right and licence in perpetuity to access, use, store, copy, distribute, display, translate, publish, make available and create derivative works based on the content, in whole or in part, in any media, for the purposes or operating our website’s services and make available that content and to and further to permit any other users of our website to use, download, print and reproduce it in accordance with our Terms of Use. We reserve the right to remove any content that you have uploaded to our website at any time. We also reserve the right to disclose your identity to any person who claims that any content you have uploaded to our website infringes their intellectual property rights or their right to privacy or is defamatory.
8.5. Any view expressed by any user of our website is their view and not our view nor the view of our officers or employees.
8.6. You will compensate us for any losses, liabilities, costs, expenses, claims or proceedings that we suffer or incur, or will suffer or incur, as a result of or in connection with any breach by you of your obligations or warranties in this section 8.
9. CONTENT STANDARDS – USER GENERATED CONTENT IS NOT APPROVED BY US
9.1. Whenever our website allows you to upload content (which includes for the purposes of this section 9, any contribution you make as part of an online webinar or webinar event pursuant to section 8.2 above), or to engage with other users of our website, you must comply with what constitutes acceptable use under section 5 above, and these content standards.
9.2. You warrant that any such contribution does comply with those 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.
9.3. Any content you upload to our website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and any other users of our website a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in section 8.4 above.
9.4. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
9.5. We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in this section 9
9.6. You are solely responsible for securing and backing up your content.
9.7. Please remember that any content you upload to our website may be viewed by other users, so always think carefully before you submit any content.
9.8. Any content that you upload to our website must: (i) comply with all applicable laws; (ii) be accurate (where it states facts); and (iii) be genuinely held (where it states opinions).
9.9. You must not upload to our website any content which: (i) is defamatory, obscene, offensive, hateful or inflammatory; (ii) promotes illegal activity; (iii) is threatening, abusive, invades another person’s privacy, or causes upset, embarrassment or harassment to another person; (iv) advocates, promotes or assists any unlawful activity, including but not limited to copyright infringement or computer misuse; or (v) gives the impression it comes from us.
9.10. Report Abuse: If you find any content which other users have uploaded to our website offensive or if you feel it violates our Terms of Use, please contact us immediately by emailing keconcordat-support@ncub.co.uk.
9.11. Interactive services/bulletin boards/forums/chat rooms: We are under no obligation to oversee, monitor or moderate any bulletin boards or forums on our website and we are not responsible for the conduct, whether online or offline, of any user of our website.
9.12. You must be aware of your own, and other people’s security and confidentiality. You could be sent unwanted emails or receive unwanted phone calls if you post your email address or telephone number on a bulletin board or forum on our website or send it to other users. You will also put your email account at risk of computer viruses once it is available online.
10. INTELLECTUAL PROPERTY RIGHTS
10.1. We, or our licensors, own the intellectual property rights (including, without limitation, copyright, database rights, design rights, patents, trademarks and logos) in our website and all content on it.
10.2. You may download content from our website and/or print a reasonable number of copies of any page on our website. You must not make any changes to any content which you have downloaded or printed from our website. If you reproduce the downloaded or printed content in any medium you must ensure that you reproduce it accurately and completely and include a statement acknowledging that it is sourced from our website.
10.3. If you use, download, print or reproduce content from our website in breach of these Terms of Use your right to use our website will immediately end and you must return to us or destroy (at our option) all digital and paper copies of the content that you have made.
10.4 If you download any webinar-related materials that we may make available from our website and/or any third party websites at our direction, you are granted a non-exclusive, non-transferable, limited licence to access and use the webinar-related materials only for the purposes of academic research or study and with the following limitations:
10.4.1 you may electronically display webinar-related materials but primarily only to one person at a time;
10.4.2 your printout of webinar-related materials is limited to a reasonable proportion (collectively, “Printouts”);
10.4.3 your right to retrieve and store machine-readable copies of the webinar-related materials is limited to the retrieval of a single copy of a reasonable proportion of the webinar-related materials and storage of that copy in machine readable form for no more than 30 days, primarily for one person’s exclusive use; and
10.4.4 to the extent expressly permitted by applicable copyright law you may make copies of Printouts and distribute Printouts and copies.
10.5 Except as specifically provided in section 10.4, you are not permitted to download, store, copy, transmit, display, reproduce or otherwise use the webinar-related materials.
11. LINKS FROM OUR WEBSITE TO OTHER WEBSITES
11.1. Our website may contain links to other websites from time to time. These links are provided for your convenience. We have no control over, and no responsibility or liability for, those other websites or their content.
12. LINKS FROM OTHER WEBSITES TO OUR WEBSITE
12.1. You may create a link to our website from another website, but only if you comply with the following conditions: (i) the website from which the link comes is one which you own (and is in accordance with our acceptable use (section 5) and content standards (section 9)); and (ii) you must not suggest that you have any association with or that we approve of or endorse your website.
12.2. We reserve the right to require you to remove any link to our website at any time and without giving you prior notice.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1. Whether you are a consumer or a business user:
13.1.1. 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.
13.1.2. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our terms and conditions of supply as we make available to you as part of your purchase of any such products.
13.2. If you are a business user:
13.2.1. We exclude all implied conditions, warranties, representations or other terms that may apply to our website or any content on it.
13.2.2. 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:
13.2.2.1. use of, or inability to use, our website; or
13.2.2.2. use of or reliance on any content displayed on our website.
13.2.3. In particular, we will not be liable for:
13.2.3.1. loss of profits, sales, business, or revenue;
13.2.3.2. business interruption;
13.2.3.3. loss of anticipated savings;
13.2.3.4. loss of business opportunity, goodwill or reputation; or
13.2.3.5. any indirect or consequential loss or damage.
13.3. If you are a consumer user:
13.3.1. Please note that we only provide our website for domestic and private use. You agree not to use our website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3.2. If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
14. APPLICABLE LAW
14.1. If you are a consumer these Terms of Use their subject matter and their formation are governed by English law and you and we both agree that the courts of England and Wales will have exclusive jurisdiction to determine any dispute arising out of or in connection with them (except that if you are resident in Scotland you may also bring proceedings in Scotland and if you are resident in Northern Ireland you may also bring proceedings in Northern Ireland).
14.2. If you are a business user these Terms of Use their subject matter and their formation (and any non-contractual disputes or claims arising out of or in connection with them) are governed by English law and we both agree that the courts of England and Wales have exclusive jurisdiction to determine any dispute arising out of or in connection with them (including without limitation in relation to any non-contractual obligations).