assist:events

Assist:Events Web Application Terms & Conditions of Use ("Terms")

Welcome to the events system. This is an Assist: Events web application, controlled by Brentwood Borough Council, Town Hall, Ingrave Road, Brentwood, Essex, CM15 8AY ("the Operator").

1. THIS AGREEMENT

1.1.

These Terms set out the entire agreement between the User and the Operator for use of the web application.

1.2.

By using this web application, the User agrees to be bound by these Terms. If the User does not accept these Terms, they should not use this web application.

1.3.

The User should read these Terms carefully, in particulars paragraphs 4 and 5.

2. INTERPRETING THESE TERMS

2.1.

In these Terms, certain words and phrases have defined meanings:

2.1.1.

"Event Administrator" means the representative of the Site Provider who administers the content of the web application;

2.1.2.

"Intellectual Property Rights" means copyright, database right, patents, registered and unregistered design rights, registered and unregistered trade marks, and all other industrial, commercial or intellectual property rights existing in any jurisdiction in the world and all the rights to apply for any of these;

2.1.3.

"Third Party Rights" any rights of a third party which the User or the Operator has a duty to observe or which are actionable at law, including Intellectual Property Rights, rights of confidentiality and privacy;

2.1.4.

"User" means the person or organisation viewing and/or interacting with this web application.

2.2.

In these Terms:

2.2.1.

Headings are for ease of reference only;

2.2.2.

Wherever the words "including", "include", or "includes" are used they shall be deemed to be followed by the words "without limitation" unless the context otherwise requires;

2.2.3.

References to any gender includes any other gender and the singular includes the plural and vice versa.

3. INFORMATION ON THIS WEB APPLICATION

3.1.

Except for information submitted by the Event Administrator or Event Manager, information on this web application is provided by users of the web application. Accordingly, the Operator does not represent that information on this web application is accurate, complete or fair and the User should not rely on it as if it were. For information about an event, the User should always register their interest in the event (where possible) or contact the event organiser.

3.2.

The contents of this web site are subject to change by the Operator without notice.

4. INTERACTING WITH THE WEB APPLICATION

4.1.

When submitting information about events or registering interest in events, the User shall:

4.1.1.

Not infringe any Third Party Rights;

4.1.2.

Ensure that any information submitted is up to date, true and accurate in all respects, and the User agrees to amend the information on the web application.

4.2.

The User agrees and acknowledges that:

4.2.1.

The accuracy of any event information posted by the User is the responsibility of that User;

4.2.2.

The Event Administrator will review any event information submitted by the User and may decline to approve the listing of the event on the web application for any reason whatsoever.

4.3.

If using the email facilities on the web application, the User shall not:

4.3.1.

Send email that is offensive, obscene, defamatory, slanderous, or causes injury to, invades the privacy of or infringes Third Party Rights;

4.3.2.

Send unsolicited email for commercial purposes, chain letters or pyramid-selling schemes, bulk mail or mail bombs.

5. ACCESSING AND USING THE WEB APPLICATION

5.1.

Breeze does not guarantee continuous, uninterrupted or secure access to the web application.

5.2.

The User will only use the web application in accordance with all relevant laws and regulations and not for any illegal purposes, whatsoever or in breach of any applicable licences or Third Party Rights.

5.3.

The User agrees that they will not try to damage the web application in any way including:

5.3.1.

Using or inducing the use of any robot, spider, other automatic device, or manual process to monitor or copy the web application or any content;

5.3.2.

Using or inducing the use of any device, software or routine to bypass Breeze's security measures, or to interfere or attempt to interfere with the proper working of the web application;

6. LINKS TO OTHER ORGANISATIONS

6.1.

No mention of any organisation, company or individual, whether on these pages or on other websites to which these pages are linked shall imply any approval or warranty by the Operator as to the standing and capability of such organisations, companies or individuals.

6.2.

Links to third parties are provided only as a convenience to the User. The Operator takes no responsibility for anything that might occur when the User visits any other website. When the User clicks on a link they leave the web application.

7. INTELLECTUAL PROPERTY RIGHTS

7.1.

Breeze grants the User a limited licence to use the web application. The licence is non-exclusive, revocable, and subject to the restrictions in these Terms (including those in paragraphs 4 and 5).

7.2.

Breeze or its licensors own all rights in the web application and the User shall acquire no such rights.

7.3.

The User may not copy, sell or resell the web application but may print or download extracts from the web application.

7.4.

If the User submits information about an event, the User grants the Operator a royalty-free perpetual licence to use (including publishing on the web application, whether in original or modified form) that information although you waive your right to be identified as the author of that information.

8. DEFAMATORY POSTINGS

8.1.

Information about events contained on the web application is the responsibility of the person that submitted that information. If the User believes that any statement on the web application is defamatory in any way, they must notify the Operator with a signed and dated statement containing the following:

8.1.1.

The User's full name and address;

8.1.2.

The location of the statement considered to be defamatory;

8.1.3.

The wording of the statement;

8.1.4.

Why the statement is defamatory;

8.1.5.

Agreement that their statement can be used in any legal proceedings about the statement considered defamatory;

8.1.6.

A signature provision that states: "I [name] confirm that the facts in this statement are true".

8.2.

The statement must be sent to the Operator at the address given at the start of these Terms.

9. PRIVACY POLICY

9.1.

The web application shows the User details of various events, and allows the User to register their interest in these events. In order to provide these facilities, the Operator has to collect certain information.

9.2.

The Operator gathers and stores the following types of information on this web application:

9.2.1.

Information that the User gives about events. An example is when the User registers their interest and gives their contact details so that an event organiser can contact them with further details about the event.

9.2.2.

The Operator uses cookies to identify the User's computer when the User is on the web application. A cookie is a file sent by the web application to a browser, and used by the browser for this purpose.

9.3.

The Operator will hold and transmit the User's information in a safe, confidential and secure environment.

9.4.

Only the Operator has access to the information that the User provides. The Operator does not pass this information on to other persons except in the following situations:

9.4.1.

When the User registers interest in an event, the web application passes this information on to the organiser of the event so that they can be given more information about the event;

9.4.2.

If required to disclose the information by law.

9.5.

The User can prevent the gathering of the above information by:

9.5.1.

Not submitting events or registering interest in events;

9.5.2.

Disabling or restricting use of cookies by the User's web browser. For example, in Microsoft Internet Explorer, alter the privacy settings accordingly (under Tools > Internet Options).

9.6.

Any information that the User provides on the web application will be stored and processed in accordance with the Data Protection Act 1998.

10. LIMITATION OF LIABILITY

10.1.

The User acknowledges that the web application is provided free of charge, and these limitations of liability reflect this.

10.2.

Nothing in these Terms shall exclude or limit either party's liability for death or personal injury resulting from the negligence of that party, or for fraudulent misrepresentation.

10.3.

The Operator excludes all other types of liability to the User in contract, tort (including negligence) or otherwise for any breach of these Terms, whether direct or indirect, including liability for loss of profits, goodwill, business or anticipated savings and even if the User notifies the Operator of the possibility of such liability.

11. INDEMNITY

11.1.

The User shall indemnify the Operator against any damages, costs (including reasonably incurred legal costs) and other liabilities arising from any claim by a third party that the use of all or part of the any information submitted by the User infringes Third Party Rights and/or is offensive, obscene, defamatory, libellous, slanderous, or has caused injury.

12. NOTICES

12.1.

Any notice (except for the service of court proceedings) shall be in writing and shall be delivered personally or sent by special delivery post addresses of each party. Notices for the Operator shall be emailed to kim.anderson@brentwood.gov.uk or posted to the address given at the start of these Terms. Notices for the User shall be delivered to the email address or postal address given by the User during use of the web application.

12.2.

The Operator can immediately change its address for notices by updating or changing these Terms.

12.3.

Notice will have been given two clear days after the date of emailing or posting.

13. MISCELLANEOUS PROVISIONS

13.1.

The Operator can change these Terms at any time without notice to the User and the User is advised to regularly check for updates.

13.2.

The Operator will be not liable to the User for any delay or failure in the performance of their contractual obligations caused by events outside their reasonable control.

13.3.

Persons who are not a party to these Terms shall not have any rights under them.

13.4.

The Operator and the User shall comply with all applicable legislation, regulations, and other rules having equivalent force including the Data Protection Act 1998.

13.5.

If any provision of these Terms is determined to be invalid or unenforceable, that provision will be of no effect, and the other provisions of the Terms will remain in force and effect.

13.6.

No failure or delay by either party in exercising any right, power or privilege under these Terms shall operate as a waiver. No single or partial exercise of any right, power or privilege shall preclude any other or further exercise of the right, or the exercise of any other right.

13.7.

These Terms are governed by English law and the English courts have exclusive jurisdiction.