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Terms and Conditions


 

1. Definitions

2. Registration

3. Your Use of the Website and Cluster(s)

4. Your Obligations

5. Our Obligations to You and Limitations on Liability

6. Our Rights

7. General

8. Law

 

Privacy Policy

1. What information will be requested? How will it be used?

2. Disclosure to outside parties

3. Customer Feedback and Complaints

4. Updates

 

Terms and Conditions

 

Standard Terms and Conditions

In using this website, you agree to be bound by the terms and conditions (the "Terms") set out below. If you do not agree to the Terms then you may not use this website, its subsequent Cluster(s) or any part of.

Any services which we make available to you on or via the website and/or Cluster(s) may be subject to additional terms and conditions (the "Additional Terms") which are in addition to and may supplement or amend these Terms and which you will be required to accept when using this website and/or Cluster(s).

1. Definitions:

"Website" means www.wmccm.co.uk

"Cluster" means any web based business or sub web operated by WMCCM set up through the tools provided on the WMCCM Website.

"You/Your" means you, the user of this Website.

"User Information" refers to information provided by you via the Website and/or Cluster(s) and / or information provided by you via the Competence Profiling Questionnaire.

"We/Us/Our" means West Midlands Collaborative Commerce Marketplace (WMCCM), part of Warwick Manufacturing Group (WMG), University of Warwick , who provide this Website and, who provide the Cluster(s).

2. Registration

2.1

You warrant, represent and undertake that the User Information which You are required to provide when You register is true, accurate, current and complete in all respects and You agree to notify Us as soon as possible of any changes to the User Information by amending Your User Information online by accessing the 'Edit Profile' Link at the top section of the Website.  In terms of the Competence Profiling Questionnaire information please notify info@wmcccm.co.uk for further details on how to update this section.

2.2

You will be required to select a username and password during the registration process.  You are responsible for maintaining the confidentiality of the username and password and are fully responsible for all activities which occur under them during Your use of the Website.

2.3

You agree to notify info@wmccm.co.uk immediately of any unauthorised use of Your username or password or any other breach of security of which You become aware.

2.4

We reserve the right to decline any application from You to subscribe to the Website and/or Cluster(s) in Our sole discretion.

2.5

You agree not to impersonate any other person or to use a false name or a name that You are not authorised to use.

3. Your use of the Website and Cluster(s)

3.1

Your use of the Website and Cluster(s) carries with it no rights in relation to copyright, trade marks or other intellectual property rights of Ours. Your use of the Website and Cluster(s) is governed by these Terms and any Additional Terms to which You have agreed, regardless of whether such use is in connection with or otherwise related to Your use of the Website or Cluster(s).

3.2

All right, title, and interest (including all copyrights and other intellectual property rights) in the Website and Cluster(s) as between You and Us belong to Us. You acquire no proprietary interest in the Website or Cluster(s). You may not remove or obscure the copyright notice or other notices contained in the Website or Cluster(s) or anything retrieved or downloaded from the Website or Cluster(s).

3.3

You may not decompile, reverse engineer, disassemble, rent, lease, loan, sublicense or create derivative works from the Website or Cluster(s), which includes the information and software made available therein. Save as otherwise expressly provided in any Additional Terms, You may not copy, save, download, modify, reproduce, republish, distribute, transmit or use for any purposes, whether commercial or non-commercial, the Website or Cluster(s) or any information contained therein, except to the extent necessarily required in order for You to display, use and navigate the Website and/or Cluster(s).

3.4

You acknowledge that by posting any materials on the Website You grant to Us and Our licensors and assigns an irrevocable, perpetual and royalty-free licence to use the materials within the Website and in any other manner. The licence extends to copying, distributing, broadcasting and otherwise transmitting, adapting and editing such materials. We may use such materials in our sole discretion and may remove them from the Website at any time without notice to You.

3.5

By posting any materials on Cluster(s) You grant to WMG a licence in respect of such Material on the same terms as those set out in Clause 3.4.

4. Your Obligations

4.1

You agree that You will only use the Website and Cluster(s) in a manner that is consistent with these Terms and any Additional Terms and in such a way as to ensure compliance with all applicable laws and regulations (including without limitation, Your local law).

4.2

You agree that You will not, in respect of the Website and Cluster(s):

 

4.2.1

post material which is offensive, derogatory or defamatory in nature, or which may, in Our judgement, cause annoyance, inconvenience or anxiety to any person;

4.2.2

post material which is obscene or pornographic in nature;

4.2.3

post material containing profanity, vulgarity, hate speech, or threats of violence;

4.2.4

make repetitive postings or perform other actions which may interfere with the operation of the Website and/or Cluster(s);

4.2.5

post contact or personal information about any other individual without the permission of that individual;

4.2.6

post material without the permission of the owner of that material;

4.2.7

send e-mail or postal correspondence to any other user of the Website or Cluster(s) after being requested to stop doing so by that user;

4.2.8

use any computer code, program or routine to extract or to attempt to extract any part of the database comprising all postings of the Website and/or Cluster(s);

4.2.9

post any material containing any virus or other computer programming routine which may damage or interfere with the Website and/or Cluster(s);

4.2.10

use the Website and/or Cluster(s) in such a way that You cause the whole or part of the Website and/or Cluster(s) to be interrupted, damaged, rendered less efficient or in any way impaired;

4.2.11

refuse to follow a reasonable instruction or direction from Us.

4.3

To the extent to which Your use or the use by any person who may be authorised by You or for whom You are responsible (for example, as employer) causes loss or damage to Us or any person, You agree to indemnify each of wmccm network and WMG immediately on demand in relation to any such losses or damages attributable to them, including where necessary any legal, administrative or technical charges that may arise from such use.

 

5. Our Obligations to You and Limitations on Liability

5.1

We aim to achieve 99.99% resilience from 9-6 pm Mon-Fri (i.e. UK working week). We are confident of this resilience, check its content and data for integrity on a regular basis and are confident in its performance but we cannot guarantee that the Website and/or Cluster(s) will always be fully operational or error free and so We do not accept responsibility for any defects that may exist or for any costs, loss of profits, loss of data or consequential losses arising from Your use of or inability to access the Website and/or Cluster(s).

5.2

We make no warranty that the Website and/or Cluster(s) will meet Your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials or as to results or the accuracy of any information obtained by You through the Website and/or Cluster(s).

5.3

Whilst We take reasonable precautions to ensure that any downloads We make available will be virus free We do not warrant that any downloads will be virus free and will not cause interruptions with Your computer systems.

5.4

We do not review, assess or endorse any of the material submitted to Us and/or posted on the Website or Cluster(s) including the accuracy or reliability of any text, information, data, photographs, graphics, advertisements, promotions, representations, statements or other material whatsoever.

5.5

We exclude, to the fullest extent permitted by applicable laws, and save in respect of death or personal injury arising from Our negligence, all liability for any claims, losses, demands and damages arising directly or indirectly out of or in any way connected with the Website or Cluster(s). This exclusion shall apply in respect of, without limitation, any interruption of service, lost profits, loss of contracts or business opportunity, loss of data, or any other consequential, incidental, special, or punitive damages, even if We have been advised of the possibility of such damages, whether arising in contract, tort, under statute or otherwise.

5.6

We may provide links to other Websites or resources and may post, accept the posting of or make available content provided by third parties ("Third Party Content") whether or not that Third Party Content is hosted within Cluster(s). We do not accept responsibility for the Third Party Content and do not and cannot be deemed to have endorsed any Third Party Content. In particular, You acknowledge that We will not be party to any transaction or contract with a third party that You may enter into and that We shall have no liability to You in respect of any such transaction, whether arising in contract, tort, under statute or otherwise. You undertake that You will not involve Us in any dispute between Yourselves and the third party.

5.7

We will at all times comply with Our privacy policy (see below).

6. Our Rights

6.1

We reserve the right to:

 

6.1.1

deny or suspend Your access to the Website and/or Cluster(s) or any part thereof if Your use of the Website and/or Cluster(s) or that part is deemed by Us abusive, excessive, or against the interests of other users or in breach of these Terms;

6.1.2

modify or withdraw, temporarily or permanently, the Website and/or Cluster(s) (or any part thereof) with or without notice to You and You confirm that We shall not be liable to You or any third party for any modification to or withdrawal of the Website or Cluster(s);

6.1.3

change these Terms from time to time, and Your continued use of the Website and/or Cluster(s) (or any part thereof) following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Terms have been changed. If You do not agree to any change to the Terms then You must immediately stop using the Website and/or Cluster(s); and/or

6.1.4

refuse to place any content or material provided by You onto the Website and/or Cluster(s) in Our sole discretion and to remove any content or material from the Website and/or Cluster(s) once uploaded in Our sole discretion.

7. GENERAL

7.1

If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and shall not effect the validity and enforceability of any of the remaining provisions of the Terms.

7.2

No waiver by Us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

7.3

Each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

7.4

The Terms (as amended from time to time) contain the entire agreement between the parties relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between the parties in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of the Terms. You confirm that, in agreeing to accept the Terms, You have not relied on any representation save insofar as the same has expressly been made a representation in the Terms and You agree that You shall have no remedy in respect of any misrepresentation which has not become a term of the Terms save that Your agreement shall not apply in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Terms.

  8. LAW

The Terms shall be governed by and construed in accordance with the laws of England and You irrevocably submit to the exclusive jurisdiction of the courts of England .

 

 

Privacy Policy

Note: This Policy only applies to this Website and Cluster(s), but not to the websites of other companies, individuals or organisations to which We provide links. You should refer to their privacy policy for information on how they collect and process personal data.

1. What information will be requested? How will it be used?

1.1

We take Your privacy seriously. During registration personal information will be requested such as Your email address. Our aim is to understand what You want from the Website and Cluster(s) and to improve Our services to You.

1.2

All those wishing to become registered users or members of wmccm network need to submit their e-mail addresses and some other details. Submission of Your e-mail address enables us to contact you at any time and also gives WMG the potential to set up targeted newsletter services and other e-mail based services to enhance your Cluster(s) experience.

1.3

WMG may also collect aggregate data based upon site usage. These data allow WMG to assess the popularity of certain areas of the Website and Cluster(s) and raise the level of service performance which WMG provides for you. Such information also allows WMG to inform potential advertisers and selected third party service providers of areas of Cluster(s) which are most suitable for their banners, products and services. These data are collected using 'cookies'.

1.4

A cookie is a piece of information that is stored on Your computer's hard drive by Your web browser. On revisiting the Website and/or Cluster(s) WMG's computer server will recognise the cookie, giving WMG information about Your last visit. Cookies do not store or reveal any personal information about You. Most browsers accept cookies automatically, but usually You can alter the settings of Your browser to prevent automatic acceptance. Prohibiting the use of cookies will reduce your networking experience.

 

2. Disclosure to outside parties

2.1

We do not pass, sell, trade or rent personal details entered on this Website or Cluster(s) to others. WMG may chose to do so in the future, but only with selected third parties who provide goods and services which WMG deem of interest to users. WMG may also provide aggregate statistics about users, their usage behaviour and related site information to reputable third parties, and WMG may release personally identifying information concerning defined groups of users. You are able to exclude Yourself from receiving any third party information, or from having Your personal information released, through both the online application process and via the 'My profile' option within the Personal Options area of the members homepage, accessible upon registration.

2.2

You agree that You do not and will not consider anything in this privacy policy being a breach of any of Your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.

2.3

We reserve the right to access and disclose individually identifiable information to comply with applicable laws and lawful government requests, to operate our systems properly or to protect ourselves or our users. We also reserve the right to disclose individually identifiable information to third parties where a complaint arises concerning Your use of the Website and/or Cluster(s), and that use is deemed by Us inconsistent with these Terms and/or the Additional Terms.

3. Customer Feedback and Complaints

We welcome Your questions and comments about privacy issues. Should You have such comments or have a complaint about how We are using Your personal data, please send an e-mail to info@wmccm.co.uk

4. Updates

Please check back frequently to see any updates or changes to our Privacy Policy.


 
   
   
 
 

Copyright WMCCM, Warwick Manufacturing Group 2006