Terms and Conditions of Website Use
Information About Us
The Website is operated by [insert name of company] registered in Scotland under company number [insert company number] and we have our registered office at [insert registered address]. Our main trading address is [insert trading address].
Accessing The Website
Access to the Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the Website without notice (see below). We will not be liable if for any reason the Website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Website, or the entire Website, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions.
When using the Website, you must comply with the provisions of our Acceptable Use Policy [insert link to Acceptable Use Policy].
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in the Website and in all materials, including but not limited to text, photographs, videos and podcasts (“Works”) published on the Website. All intellectual property rights in the Works remain vested in us.
You may print off one copy, and may download extracts, of any page(s) from the Website for your personal reference and you may draw the attention of others within your organisation to Works posted on the Website.
You must not modify the paper or digital copies of any Works you have printed off or downloaded in any way.
Our status (and that of any identified contributors) as the authors of Works on the Website must always be acknowledged.
You must not use any part of the Works on the Website for commercial purposes without first obtaining a licence to do so from us or from our licensors if applicable.
If you print off, copy or download any part of the Works on the Website in breach of these terms and conditions your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the Works you have made.
Reliance on Information Posted
The Works posted on the Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on the Works by any visitor to the Website, or by anyone who may be informed of any of its contents.
Our Site Changes Regularly
We aim to update the Website regularly, and may change the content at any time. If the need arises, we may suspend access to the Website, or close it indefinitely. Any of the Works posted on the Website may be out of date at any given time, and we are under no obligation to update such Works.
Our Liability
The Works displayed on the Website are provided without any guarantees, conditions or warranties as to their accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any Works 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, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information About You and Your Visits to Our Site
We may process information about you in accordance with our Privacy Policy [insert link to Privacy Policy]. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate and complete.
Uploading Material to The Website
Whenever you make use of a feature that allows you to upload material to the Website, or to make contact with other users of the Website, you must comply with the content standards set out in our Acceptable Use Policy [insert link to Acceptable Use Policy]. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to the Website will be considered non-confidential and non‑proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.
We have the right to remove any material or posting you make on the Website if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy [insert link to Acceptable Use Policy].
Viruses, Hacking and Other Offences
You must not misuse the Website 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 the Website, the server on which our site is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you will 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 right to use the Website will cease immediately.
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 the Website or to your downloading of any material posted on it, or on any website linked to it.
Linking to the Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
The Website must not be framed on any other website, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy [insert link to Acceptable Use Policy].
If you wish to make any use of material on the Website other than that set out above, please address your request to [insert e-mail address].
Links From the Website
Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction and Applicable Law
The Scottish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to and/or use of the Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland.
Trade Marks
[insert trade marks] are UK registered trade marks of [insert name of company].
Variations
We may revise these terms and conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on the Website.
Your Concerns
If you have any concerns about material which appears on the Website, please contact [insert name and email address].
ACCEPTABLE USE POLICY
This Acceptable Use Policy sets out the terms between you and [insert name of company] under which you use the Website. This Acceptable Use Policy applies to all users of, and visitors to, the Website.
Your use of the Website means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy.
Prohibited Uses
You may use the Website only for the purpose for which the Website is intended. You may not use the Website:
in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
for the purpose of transmitting viruses to or from our systems;
for the purpose of harming or attempting to harm minors in any way;
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Content Standards
These content standards apply to any and all material which you contribute to the Website “Contributions” and to any interactive services associated with it.
The standards apply to each part of any Contribution as well as to its whole.
Contributions must:
be accurate (where they state facts);
be genuinely held (where they state opinions); and
comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
contain any material which is defamatory of any person;
contain any material which is obscene, offensive, hateful or inflammatory;
promote sexually explicit material;
promote violence;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringe any copyright, database right or trade mark of any other person;
be likely to deceive any person;
be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
promote any illegal activity;
be threatening, abuse or invade another´s privacy, or cause annoyance, inconvenience or needless anxiety;
be likely to harass, upset, embarrass, alarm or annoy any other person;
be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
give the impression that they emanate from us, if this is not the case; or
advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and Termination
We will determine, in our sole discretion, whether there has been a breach of this Acceptable Use Policy through the use of the Website. When a breach of this Acceptable Use Policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this Acceptable Use Policy may result in our taking all or any of the following actions:
immediate, temporary or permanent removal of any posting or material uploaded to the Website;
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;
further legal action against you; and
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 Acceptable Use Policy. The responses described in this Acceptable Use Policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the Acceptable Use Policy
This Acceptable Use Policy may be revised by us from time to time.
PRIVACY POLICY
Sistemic Limited registered in Scotland under company number [insert company number] and we have our registered office at Thomson Building, University Avenue Glasgow G12, UK. Our main trading address is [insert trading address].
This Privacy Policy (together with our terms of use [see above Terms of Website Use] and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purpose of the Data Protection Act 1998 (the Act) we are the data controller.
Our nominated representative for the purpose of the Act is Vincent O’Brien.
Information We May Collect From You
We may collect and process the following data about you:
· Information that you provide by filling in the “contact us” form on our Website [insert domain address] (“Website”). This includes information provided at the time of registering to use the Website, subscribing to our service, posting material or requesting further services. We may also ask you for information when you enter a competition or promotion sponsored by [insert company name] and when you report a problem with the Website.
· If you contact us, we may keep a record of that correspondence.
· We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
· Details of your visits to the Website including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
IP Addresses and Cookies
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve the Website and to deliver a better and more personalised service. They enable us:
· to estimate our audience size and usage pattern.
· to store information about your preferences, and so allow us to customise the Website according to your individual interests.
· to speed up your searches.
· to recognise you when you return to the Website.
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of the Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to the Website.
Please note that our advertisers may also use cookies, over which we have no control.
Where We Store Your Personal Data
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.
All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Website and any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Uses Made of the Information
We use information held about you in the following ways:
· to ensure that content from the Website is presented in the most effective manner for you and for your computer.
· to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
· to carry out our obligations arising from any contracts entered into between you and us.
· to allow you to participate in interactive features of our service when you choose to do so.
· to notify you about changes to our service.
We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.
If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.
If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.
If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data.
We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
Disclosure of your Information
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985.
We may disclose your personal information to third parties:
· in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
· if [insert company name] or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
· if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use [see above Terms of Website use] and/or any other agreement or to protect the rights, property, or safety of Sistemic Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Your Rights
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at info@sistemic.co.uk.
The Website may, from time to time, contain links to and from websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to Information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
Changes to Our Privacy Policy
Any changes we may make to our Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.
Contact
Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to info@sistemic.co.uk.
