1.1 These Terms and Conditions of Use set out the rights and obligations of users of the websites www.tradingstandardsecrime.org.uk (“the Websites”) which belong to and are operated by National Trading Standards (NTS). In consideration of NTSeCT providing access to the Websites all use of the same by anyone accessing the Websites is subject to these Terms and Conditions of Use and all people accessing the Websites are deemed to understand and accept these Terms and Conditions of Use without limitation or qualification. If any person accessing the Websites does not accept these Terms and Conditions of Use, they should immediately desist from using the Websites.
1.2 NTSeCT reserves the right to vary these Terms and Conditions of Use from time to time. Such variations will take effect immediately upon the posting of the varied Terms and Conditions of Use upon the Websites. In continuing to use the Websites, any person accessing the Websites is deemed to accept such variations.
1.3 NTSeCT reserves the right to withdraw or modify any aspect of the Websites for whatever reason, whether legal, technical or otherwise without notice. NTSeCT will not be liable if for any reason the Websites are unavailable at any time or for any period.
1.4 From time to time, we may restrict access to some parts of our Websites, or our entire Websites, to users who have registered with us.
If any person chooses, or is provided with, a user identification code, password or any other piece of information as part of NTSeCT’s security procedures, such person must treat such information as confidential, and must not disclose it to any third party. NTSeCT has the right to disable any user identification code or password, whether chosen by a user or allocated by us, at any time, if in our opinion the user has failed to comply with any of the provisions of these Terms and Conditions of Use.
2. Information, Accuracy and Availability
2.1 Whilst NTSeCT makes every effort to present accurate and reliable material and information on the Websites, it does not endorse, approve or certify any material and information on the Websites as true or accurate, nor does it guarantee the completeness, efficacy or timeliness of such material and information. Reference to any product, process or service does not constitute nor imply endorsement or recommendation from NTSeCT unless expressly stated. Accordingly, NTSeCT does not accept any liability arising from any inaccuracy or omission in the information provided or in relation to any such product, process or service.
2.2 Furthermore, NTSeCT makes no representations or warranties about the suitability or accuracy of the information contained in the Websites for any purpose. NTSeCT hereby expressly excludes all warranties and conditions with regard to this information, including, to the extent enforceable, all warranties and conditions whether express, implied or statutory, of satisfactory quality, fitness for a particular purpose and non-infringement of third party rights.
2.3 Any persons accessing the Websites do so entirely at their own risk.
3. Links to Other Websites
3.1 At certain places on the Websites, hypertext links are provided to enable any person accessing the Websites to directly access other third party websites. These third party websites contain material or information created, published and maintained by organisations independent of NTSeCT. NTSeCT does not endorse, approve, certify or control these external sites, nor any product or service referred to on them and does not guarantee the accuracy, completeness, efficacy, or timeliness of any material and information appearing on such websites.
3.2 NTSeCT assumes no responsibility for any consequences resulting from the use of any material and information contained on the Websites or on any linked third party websites and expressly disclaims all liability for damage arising out of the use, reference to, reliance upon or performance due to such information.
4. Representations and Warranties
4.1 Persons accessing the Websites will not seek to amend anything on the Websites or include or create any link to the Websites without NTSeCT’s express written consent.
4.2 Persons accessing the Websites will not remove or change any copyright, trademark or other intellectual property notices contained on any material copied or printed off the Websites, or use such materials for a purpose not envisaged by these Terms and Conditions of Use.
4.3 Persons accessing the Websites will indemnify and hold harmless NTSeCT against all and any loss, damage or expense howsoever incurred by NTSeCT arising from any non-observance by such person of any of these Terms and Conditions of Use. In addition and without prejudice to any other remedy that may be available to NTSeCT hereunder, in the event that any person accessing the Websites breaches any of these Terms and Conditions of Use they will as soon as practicable and at their own cost remedy any such breach.
5 Alerting NTSeCT
If persons accessing the Websites see anything on the Websites which appears to infringe these Terms and Conditions of Use, please contact NTSeCT by emailing NTSeCT at firstname.lastname@example.org . It is expressly agreed that NTSeCT reserves the right at its sole discretion and at any time without notice to exclude any person from accessing the Websites including in circumstances where NTSeCT anticipates that any persons accessing the Websites will act other than in accordance with these Terms and Conditions of Use or establishes that such persons are acting or have acted other than in accordance with these Terms and Conditions of Use.
6 Intellectual Property & Use of the Websites
6.1 NTSeCT is the owner or the licensee of all intellectual property rights (including without limitation all patents, registered designs, registered trade marks and any applications for such registered rights, copyright, database rights, unregistered design rights, unregistered trade marks, trade or business names (including internet domain names) and all other rights of a similar nature or having equivalent or similar effect to any of the foregoing as in each case may exist anywhere in the world) in the Websites and the materials published on the same. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
6.2 Persons accessing the Websites may copy, reproduce, republish, download, post, broadcast, transmit or otherwise use the Websites’ content only for their own personal, non-commercial use, for educational purposes or to inform others in good faith. Any such use should be accompanied by an acknowledgement to NTSeCT and a link back to the Website.
6.3 Persons accessing the Websites agree to use the Websites only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Websites. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Websites.
6.4 NTSeCT neither warrants nor represents that any person’s use of the material displayed on the Websites will not infringe rights of third parties.
6.5 NTSeCT’s status (and that of any identified contributors) as the authors of material on its Websites must always be acknowledged.
7 Limitation of Liability
7.1 NTSeCT hereby expressly excludes any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Websites or in connection with the use, inability to use, or results of the use of the Websites, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- Loss of income or revenue;
- Loss of business;
- Loss of profits or contracts;
- Loss of anticipated savings;
- Loss of data;
- Loss of goodwill;
- Wasted management or office time; and
- For any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
7.2 NTSeCT will not be liable for any failure to perform its obligations under these Terms and Conditions of Use caused by matters beyond its reasonable control, howsoever arising.
8 Non-excluded Liabilities
Nothing in these Terms and Conditions of Use limit NTSeCT’s liability for death or personal injury resulting from NTSeCT’s negligence, nor NTSeCT’s liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter nor any other liability which may not be lawfully excluded under applicable law.
9 Viruses, Hacking and Other Offences
9.1 You must not misuse our Websites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our websites, the server on which our websites are stored or any server, computer or database connected to our Websites. You must not attack our Websites via a denial-of-service attack or a distributed denial-of-service attack.
9.2 By breaching this provision, you would commit 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. In the event of such a breach, your rights to use our Websites will cease immediately.
9.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Websites or to your downloading of any material posted on it, or on any website linked to it.
10.2 Further to paragraph 10.1, by submitting your contribution to either of the Websites, you warrant that your contribution:
Is your own original work and that you have the right to make it available to NTSeCT for all the purposes specified above;
Is not defamatory;
Complies with applicable law in the United kingdom and in any country from which they are posted; and
Does not violate, plagiarise, or infringe the rights of third parties or any third party intellectual property rights, including without limitation copyright, trade mark, trade secrets, right of confidentiality, privacy, publicity, personal or other proprietary rights; and
Is accurate (where facts are stated)
and you indemnify NTSeCT against all legal fees, damages and other expenses that may be incurred by NTSeCT as a result of your breach of the above warranties, and waive any moral rights in your contribution for the purposes of its submission to and publication on the Websites and for the purposes specified above.
10.3 NTSeCT reserves the right to remove from and block contributions to the Websites which
Are likely to disrupt, provoke, attack or offend others
Contains any material which is obscene, offensive, hateful or inflammatory
Contains material which is defamatory of any person
Are racist, sexist, homophobic, sexually explicit, abusive or otherwise objectionable contain swear words or other language likely to offend
Infringe the law or condone or encourage unlawful activity (this includes breach of copyright or right of confidentiality, defamation and contempt of court).
Advertise products or services for profit or gain
Are seen to impersonate someone else or are likely to deceive any person
Include contact details such as phone numbers, postal or email addresses
Are written in anything other than english
Contain links to other websites
Describe or encourage activities which could endanger the safety or well-being of others
Are considered to be ‘spam’, that is posts containing the same, or similar, message posted multiple times
Give the impression that they emanate from NTSeCT, if this is not the case
Immediate, temporary or permanent withdrawal of your right to use our website
Immediate, temporary or permanent removal of any posting or material uploaded by you to our Websites
Issue of a warning to you
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary
We exclude liability for actions taken in response to breaches of this clause 10. The responses described in this clause 10 are not limited, and we may take any other action we reasonably deem appropriate.
11 Entire Agreement
In the event that any term of these Terms and Conditions of Use is held to be invalid or unenforceable by a court of appropriate jurisdiction, the remaining Terms and Conditions of Use shall remain valid and enforceable.
The English courts will have exclusive jurisdiction over any claim arising from or related to a visit to our Websites. These Terms and Conditions of Use shall be governed by and construed in accordance with the law of England and Wales.
16 Downloading The RSS Blog Feed: Standard Licence Terms
By downloading an RSS Blog Feed (“Trading Standards eCrime Blog Feed”) or by downloading any information, materials or logos from NTSeCT contained in the RSS Blog Feed, you agree to be bound by the terms set out below (the “Standard Licence”). This Standard Licence may be updated by NTSeCT from time to time and such updated Standard Licence terms shall take effect from the date of the update. Please review the terms of this Standard Licence each time you download a Trading Standards eCrime Blog Feed or any information, materials or logos contained in the RSS Blog Feed from the Websites.
By downloading and/or using the Trading Standards eCrime Blog Feed you agree to the terms of this Standard Licence.
16.1.1 Subject to this Standard Licence and to NTSeCT’s Terms and Conditions of Website Use, NTSeCT grants you a non-transferable, non-sublicensable, royalty free non-exclusive licence to display on your website (“Site”) any information, materials or logos that you download or specifically select to receive from NTSeCT via the Trading Standards eCrime Blog Feed (“NTSeCT Content”).
16.1.2 All title, ownership rights and intellectual property rights in and to the Trading Standards eCrime Blog Feed shall remain the property of NTSeCT.
16.1.3 The provisions of clause 6 above shall apply to the Trading Standards eCrime Blog Feed as if they had been incorporated as part of this Standard Licence.
16.2 Use of NTSeCT content
16.2.1 You may not use the Trading Standards eCrime Blog Feed or display any NTSeCT Content on any Site that is a website that is excluded by NTSeCT (scroll down for the list of Excluded Websites, as may be amended by NTSeCT from time to time).
16.2.2 You may not directly or indirectly charge users specifically for accessing NTSeCT Content or otherwise commercialise such content, or attempt to re-sell the NTSeCT Content in any way.
16.2.3 You may not directly suggest any endorsement or approval by NTSeCT of your Site or any non- NTSeCT entity, product or content or any views expressed within your Site or service.
16.2.4 You may not directly or indirectly change, edit, add to or produce summaries of the NTSeCT Content or any content on the Websites.
16.2.5 Should you receive any enquiries which relate to NTSeCT or the NTSeCT Content you should promptly refer such enquiries to email@example.com.
16.2.6 The NTSeCT Content must be reproduced accurately and not used in any misleading context.
16.3. Warranties and liability
16.3.1 You warrant to NTSeCT that:
184.108.40.206 you have fully complied with, and shall continue to comply fully with, all applicable laws and regulations;
220.127.116.11 the Site shall contain no material which is libellous, defamatory, pornographic, obscene or which brings NTSeCT into disrepute, or which is in breach of any third party intellectual property rights; and
18.104.22.168 users of the Site shall be required to comply with terms that are equivalent to the terms of the Standard Licence in relation to their use of NTSeCT Content.
16.3.2 The Trading Standards eCrime Blog Feed is made available by NTSeCT on an “as is” and “as available” basis and NTSeCT gives no warranty of any kind in relation to the Trading Standards eCrime Blog Feed, the NTSeCT Content, or any content on the Websites. NTSeCT disclaims all implied warranties, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility and accuracy regarding the NTSeCT Content, the Trading Standards eCrime Blog Feed and the Websites and any content thereon.
16.3.3 To the maximum extent permitted by law, NTSeCT excludes all liability to you for any loss or damage howsoever arising out of or in connection with this Standard Licence, including but not limited to any liability arising in relation to the Trading Standards eCrime Blog Feed, the NTSeCT Content or any content on the Websites, any virus or other contamination or any unavailability of NTSeCT Content or otherwise for any loss of profits, loss of business, loss of data, loss of revenue, loss of savings, loss of use, depletion of goodwill, or any special, indirect or consequential losses or damages and like loss howsoever caused or arising.
16.3.4 Each provision of this clause 16.3 operates separately in itself and survives independently of the others.
You hereby agree to indemnify, hold harmless and defend NTSeCT in respect of all damages, costs and expenses, including reasonable legal fees and litigation expenses, arising out of or as a result of any breach of this Standard Licence or otherwise in connection with your use of the Trading Standards eCrime Blog Feed (including the NTSeCT Content).
16.5.1 You may terminate this Standard Licence at any time by destroying or removing all copies of the Trading Standards eCrime Blog Feed (including the NTSeCT content) from your Site, all hard drives, networks and other storage media.
16.5.2 NTSeCT may restrict, suspend or terminate the Trading Standards eCrime Blog Feed, this Standard Licence or your access to the Trading Standards eCrime Blog Feed at any time without liability. You agree to destroy all copies of the Trading Standards eCrime Blog Feed (including the NTSeCT Content) upon receiving notice of termination from NTSeCT. Notwithstanding the above, NTSeCT shall retain the right to automatically disable or terminate the Trading Standards eCrime Blog Feed (including the NTSeCT Content).
16.5.3 Clause 16.3, 16.4 and 16.6 shall survive termination of this Standard Licence.
16.6.1 Neither party may assign, charge, sublicense or otherwise deal with its rights or obligations in this Standard Licence in whole or in part to any third party.
16.6.2 This Standard Licence supersedes all prior agreements, arrangements and understandings between the parties concerning its subject matter. Each of the parties acknowledges that it has not relied on any statement made by the other in the course of entering into this Standard Licence.
16.6.3 Any failure or delay by either party in exercising its rights under any provisions of this Standard Licence shall not be construed as a waiver of those rights at any time now or in the future.
16.6.4 This Standard Licence shall be governed by, construed and take effect in accordance with English law and the English courts shall have exclusive jurisdiction to settle any claim or dispute which may arise out of or in connection with this Standard Licence.
16.7. Excluded websites
The Trading Standards eCrime Blog Feed and any NTSeCT Content contained in the Trading Standards eCrime Blog Feed may only be displayed on websites that do not fall into any one or more of the categories listed below. A Site will be deemed to fall within one of the following categories where there is any section of the Site that falls within such category:
16.7.1 sites that incite hatred, whether based on race, religion, gender, sexuality or otherwise or promote or encourage or facilitate anti-social behaviour;
16.7.2 sites that promote, encourage or facilitate violence;
16.7.3 sites that promote, encourage or facilitate terrorism or other activities that risk UK national security;
16.7.4 sites that discriminate against any specific social group or otherwise exploit vulnerable sections of society;
16.7.5 sites that promote, facilitate or encourage illegal activity;
16.7.6 sites which are misleading, pornographic, defamatory, or that contain illegal, or otherwise actionable content under UK law; or
16.7.7 sites that link to other sites deemed to fall within clauses 16.7.1 – 16.7.6 above.
Any Trading Standards eCrime Blog Feed or NTSeCT Content on your Site must incorporate an attribution (credit) to NTSeCT in the following form:
17 Downloading the RSS Alerts and Warnings Feed: Licence to Use
17.1 By downloading the RSS Alerts and Warnings Feed you agree to be bound by the terms and conditions contained in this clause 17. Subject to the terms of this clause 17, NTSeCT hereby grants you a licence for you to receive and display information or alerts sent as RDF Site Syndication feeds not material which is subject to the copyright of or otherwise owned by third parties (“Material”) on the following terms and conditions (“the Alerts and Warnings Licence”).
17.2 In consideration of the mutual agreements and promises set out in this Alerts and Warnings Licence, NTSeCT grants you a limited, personal, non-transferable licence to display the Material (other than the Royal Arms and Departmental or Agency logos) as RDF Site Syndication feeds on the agreed websites or via email alerts provided that at all times:
17.2.1 the Material shall not be used for profit or for revenue-generating use or to support any commercial activities without our prior written consent;
17.2.2 the Material is reproduced accurately and not used in a misleading context;
17.2.3 the Material is used in a timely manner and users are informed of the date that the Material was posted or sent to you by us;
17.2.4 the Material shall not be displayed or distributed in any context which could harm the reputation of or lead to HM Government or local authority in England and Wales (or any department within HM Government) including but not limited to us, being represented in a bad light; and
17.2.5 the Material will not be used in connection with any material, data, images, websites or information or other content which is in breach of any law, regulation, code of practice or which may be considered to be abusive, indecent, defamatory, obscene, pornographic, seditious, menacing, threatening, liable to incite racial hatred, blasphemous, or otherwise offensive, or in breach of confidence, or any privacy, proprietary or intellectual property right of any third party.
17.3 The Material is subject to Crown Copyright protection unless otherwise indicated. The Crown Copyright protected material (other than the Royal Arms and Departmental or Agency logos) may be reproduced free of charge in any format or medium provided it is reproduced accurately and not used in a misleading context and is subject to the terms and conditions of this Alerts and Warnings Licence. Where any of the Crown Copyright items are being republished or copied or sent to others, the source of the material must be identified and the copyright status acknowledged. Permission to reproduce Crown protected material does not extend to any material which is identified as being the copyright of a third party. Authorisation to reproduce such material must be obtained from the copyright holders concerned. For the purposes of the Data Protection Act 1998 The Cabinet Office is the notified data controller. On behalf of HM Government, the notification is held as part of the overall Cabinet Office record, which is recognised by the Information Commissioner under reference Z7414053
17.4 NTSeCT may suspend the RSS Alerts and Warnings Feed and/or your use of the Material and/or terminate this Alerts and Warnings Licence immediately at any time if you are in breach of one or more of its provisions.
17.5 Either party may terminate this Agreement on 28 days written notice to the other.
17.6 Upon termination, your Alerts and Warnings Licence shall immediately terminate and you will immediately destroy the RSS Alerts and Warnings Feed and cease using the Material. The termination of this Alerts and Warnings Licence howsoever arising is without prejudice to the rights, duties and liabilities of either party accrued prior to termination.
17.7 Subject to Clause 17.8 below, you acknowledge that whilst the Material is provided in good faith, we do not have any responsibility for the accuracy, availability, completeness or usefulness of any of the information contained within the Material. The Material is provided by us “as is” with all faults. We accept no responsibility for any information left out of or errors in the Material. Except as set out in Clause 17.8, we shall not be liable for any loss or damage of any type incurred as a result of, or in connection with, your use or distribution of the Material via the RSS Alerts and Warnings Feed or otherwise or under or in connection with this Alerts and Warnings Licence. Except as set out in Clause 17.8, we shall not be liable to you (whether in contract, tort (including but not limited to negligence), breach of statutory duty, restitution or otherwise) for any loss of profits, loss of business, loss of data, loss of revenue, loss of savings, loss of use, depletion of goodwill, or any special, indirect or consequential losses or damages and like loss howsoever caused or arising.
17.8 Nothing in this Agreement shall limit our liability to you which cannot be limited in law. This includes but is not limited to liability for any fraudulent statements, or for death or personal injury caused by our negligence. We warrant to you that we have the right to grant the licence set out in this Alerts and Warnings Licence. Otherwise, all other terms, conditions, representations, stipulations or warranties (whether express or implied) are excluded to the extent permitted by law.
17.9 The terms and conditions of this Alerts and Warnings Licence constitute the entire agreement between you and us in relation to the subject matter contained herein, and supersede any previous agreements, between the parties relating to the subject matter of this Alerts and Warnings Licence. Neither party has any action against the other in respect of any representations, whether written or oral, made to it in respect of this Alerts and Warnings Licence except a fraudulent misrepresentation or fraud.
17.10 A variation of this Alerts and Warnings Licence is valid only if it is in writing and signed by or on behalf of each party.
7.11 No delay or indulgence by either party in enforcing the provisions of this Alerts and Warnings Licence shall prejudice the rights of that party nor shall any waiver of its rights operate as a waiver in relation to any subsequent breach.
17.12 If any provision of this Alerts and Warnings Licence shall be held by a Court of competent jurisdiction to be invalid or voidable such provision shall be struck out and the remainder thereof shall stand in full force and effect.
17.13 You may not assign the benefit or delegate the burden of this Alerts and Warnings Licence nor hold this Alerts and Warnings Licence on trust for any other person. We may assign the benefit or delegate the burden of this Alerts and Warnings Licence to any third party.
17.14 The parties do not intend that any of its terms will be enforceable by virtue of the Contract (Rights of Third Parties) Act 1999 by any person not a party to it.
17.15 This Alerts and Warnings Licence is governed by, and shall be construed in accordance with, English law and each party irrevocably submits to the exclusive jurisdiction of the courts of England.