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Terms and conditions

Guidance regarding website

When someone visits www.livingwellessex.org we collect standard internet log information, and details of visitor behaviour patterns. We do this to find out things such as the number of visitors to the various parts of the site. We collect this information in a way which does not identify anyone. We do not make any attempt to find out the identities of those visiting site. We will not associate any data gathered from this site with any personally identifying information from any source. If we do want to collect personally identifiable information through our website, we will be up front about this. We will make it clear when we collect personal information, and will explain what we intend to do with it.

Use of cookies

Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.

The table below explains the cookies we use and why:

Name Purpose
JSESSIONID

This cookie is used to allow the website to remember who you are as you move from page to page whilst browsing the website. This is achieved by assigning a unique id number to you each time you visit the site. The id number is anonymous and is not recorded by us - it is only used for the duration of your visit, and is destroyed when you close your browser.

cmsID

If you are currently logged in the website then this cookie will hold a copy of your username, and is used to provide you with a personalised welcome message. It is destroyed when you close the browser.

accessWidget

This is used to store your chosen accessibility preferences, i.e. the font size and colour scheme which are used to display the website. The information is not destroyed when the browser closes, in order that your choices will be remembered the next time you visit the site.

Google Analytics tags 

These cookies are used to collect information about how visitors use our site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited.

Click here for an overview of privacy at Google

 

Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set, and how to manage and delete them, visit All About Cookies. To opt out of being tracked by Google Analytics across all websites visit the Google Analytics Opt Out page. 

Terms and conditions for use of the portal

1.   Definitions

1.1 The definitions and rules of interpretation in this clause apply in these Terms and Conditions:

Agreement means this Terms and Conditions including the Guidance Regarding Website Use of Cookies;

Contents means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Portal; Intellectual Property Rights means rights such as copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these terms and conditions.

Portal or Website means the website located at http://www.livingwellessex.org and all associated web pages;

Provider means the user of the Provider functionality with the Portal;

'We', or  'Us' or 'Our' means Essex County Council of County Hall, Chelmsford CM1 1QH;

Website Operator means System Associates, company registration number 4638120, whose registered office is at 27 Moorbridge Road Maidenhead, Berkshire, SL6 8LT and any other party that it may use to process data on its behalf;

'You' or 'Your' or 'Yours' means the person accessing or using the Portal or its Contents;

1.2 Paragraph headings shall not affect the interpretation of these conditions.

1.3 Words in the singular shall include the plural and vice versa.

2.   Using  the Portal

2.1 These Terms and Conditions apply to users who are registered as Providers for the purposes of uploading product and services information on the Portal (and any subsequent trading via the Portal). They describe the terms and conditions that apply to such users of the Portal, and what we will do with any personal information collected from you when using the Portal.

2.2 You should read these terms and conditions carefully before using this website

2.3 By accessing or using the Portal or otherwise indicting your consent, you are deemed to have accepted these Terms and Conditions.

2.4 If you do not accept these Terms and Conditions, you should not access the Portal.

2.5 We seek to make the Portal as assessable as possible. If you have any difficulties using the Portal please contact Us on:

Tel:   08457 430 430, or 01245 430 430

Textphone:  08457 585592

Email:  contact@essex.gov.uk  

2.6 We may prevent or suspend your access to the Portal if you do not comply with part of these terms and conditions, any terms or policies to which they refer or any applicable law. 

3.   Ownership, Use and Intellectual Property Rights

3.1 This Portal and all Intellectual Property Rights in it including but not limited to any Content are owned by Us. 

3.2 Nothing in these terms and conditions grants You any legal rights in the Portal other than as necessary to enable You to access the Portal. You agree not to adjust to try to circumvent or delete any notices contained on the Portal (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Portal.

4. Data Protection Act 1998 and Privacy Notice

4.1 System Associates is registered with the Information Commissioner responsible for the Data Protection and Freedom of Information Acts. Our notification can be viewed on the Information Commissioner's website at https://ico.org.uk.

5.   Acceptable behaviour and improper use of the Portal and data held within it

5.1 System Associates or Essex County Council may, at their sole discretion, take action against your account or accounts, including, but not limited to suspension of Your account or accounts for a pre-determined period of time or permanent suspension of your access to the Portal. If your access has been suspended temporarily or permanently you must not re-register or otherwise attempt to re-access the Portal without our prior consent.

5.2 You acknowledge that You are solely responsible for any content or other materials that You post to the Portal and that We reserve the right to remove any information which is considered by Us to be inappropriate.

5.3 You agree not to use the Provider Portal:

5.3.1 to transmit or communicate any material which is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy, defamatory, libellous, vulgar or otherwise objectionable;

5.3.2 to transmit or communicate any material which infringes Our or any other person's copyrights, trademarks, patents, moral rights or other Intellectual Property Rights without formal permission or licence;

5.3.3 to transmit or communicate any material that contains images, audio or video recordings, software or other material protected by intellectual property laws (or by the rights of confidentiality or privacy, where applicable) unless You own or control the rights thereto and have received all necessary consents and agreement in relation to any third parties' interest in the material;

5.3.4 to transmit or communicate any material which is likely to have a detrimental effect on Our or any other person's reputation;

5.3.5 harvest content or IP addresses or transmit or communicate any material which contains software viruses or any other files or programs that may interrupt, destroy or limit the functionality of this Website or server or any other computer or that contains any unsolicited or unauthorised materials, chain letters, junk mail, spam or similar; to transmit any material which is likely to cause harm to our or anyone else's computer systems, including but not limited to any virus, code, worm, data or other routine purposely designed to damage or cause any defect, error, malfunction or corruption to any computer system;

5.3.6 to restrict or in any way inhibit any person from using this Website;

5.3.7 to transmit or communicate any material in breach of the Computer Misuse Act 1990;

5.3.8 to impersonate or falsely state or misrepresent your organisation with any entity or person including without limitation ourselves, or other Portal members;

5.3.9 to delete any author contributions, legal notices or proprietary designations or labels in any file which is uploaded or falsify the origin or source of the material which is transmitted or communicated;

5.3.10 to provide services or goods that are not appropriate to adult social care and service users of adult social care;

5.3.11 to operate the account in such a way that is not appropriate when dealing with vulnerable people;

5.3.12 to advertise or trade any goods or service specifically targeted at children;

5.3.13 to use the data collected from users of the website for anything other than the delivery of goods and services.

5.4 By uploading data to the Portal You warrant that Your data complies with these Terms and Conditions, and/or any relevant laws and regulations in force from time to time, and agree to indemnify Us against all legal fees, damages and other expenses that may be incurred by Us as a result of Your breach of this warranty.

5.5 Your registration on the Portal does not automatically grant any rights to you to display or trade any goods or services via the Portal.

5.6 All Providers must be approved by Essex County Council. Part of the registration process for the Portal includes authorisation by the relevant local authority. Only approved Providers will be authorised. Your goods and services will only be made visible to Portal end users once your access has been approved by the relevant local authority.

5.7 Once Your registration is approved, and You are able to trade via the Portal, You may only sell goods and services to users of the Portal who reside within the area for which your accreditation applies.

6.       Our rights

6.1 In the event that You breach any of the provisions above, We reserve the right to remove that content or disable access to the Portal and to respond to any complaints made by a third party in respect of that content. We will not be liable to you if We remove any content because We believe that such content breaches the provisions of these Terms.

6.2 We shall have the right without notice to record the IP address from which any user submitted content is transmitted or communicated through this Website.

6.3 We may also preserve any content that You send or receive if required to do so by law or if reasonably required to ensure compliance with the Terms or to respond to third party complaints about such content.

6.4 We reserve the right to delete any data, or take action against any account, at any time, for any reason.

6.5 If You post any data on the Portal (other than private account details) You agree to it being published on the Portal which is a public website.

6.6 If you upload any image, media file or video you must have permission and/or the appropriate licence from the original owner of the item. 

7.   Security

7.1 The Website Operator will use reasonable effort to ensure that all personal information relating to the Provider Portal is secure against unauthorised access.

7.2 You will keep any passwords or usernames created for the purpose of your use of the Portal confidential and you agree not to disclose your password and username to anyone else.

8.   Service provision and data

8.1 The Portal is intended to be available 7 days a week 24 hours a day, subject to any pre-agreed maintenance slots, and the Website Operator will endeavour to make this so. However, the Website Operator will not be liable for any failure to achieve this level of availability.

8.2 The Portal may be suspended with reasonable notice for maintenance or repair and for Portal failure or reasons beyond our control.

8.3 The Website Operator will endeavour to exclude viruses from the Portal and the Data but cannot guarantee such exclusion. The user should take appropriate steps in respect of any such risk from virus attack.

8.4 The Website Operator is not responsible for the content of external internet sites that link to the Portal or which are linked from it and cannot guarantee that these links will work all of the time and have no control over the availability of the linked pages.

8.5 We cannot promise that the Portal will be fit or suitable for any purpose. Any reliance that You may place on the information on this Portal is at your own risk.

8.6 We may suspend the operation of this Portal at any time as We see fit. 

9.   Accuracy of information and availability of the Portal

9.1 Although the Website Operator has made reasonable efforts to ensure that the information on the Portal is as full, up to date and accurate as possible it does not purport that the data is fully comprehensive, up to date or accurate.

9.2 Any Content is provided for Your general information purposes only and to inform you about Us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

10.   Hyperlinks and third party sites. 

10.1 The Portal may contain hyperlinks or references to third party websites other than this Website. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that We endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

11.   Limitation of Liability

11.1 Except for death or personal injury caused by Our negligent acts or omissions (or those of any of our employees or agents); or fraud or fraudulent misrepresentation, the Website Operator accepts no liability in contract, tort or otherwise including negligence for:

11.1.1 loss of access to the Portal due to routine or emergency maintenance or due to excessive demand for the Portal;

11.1.2 loss of data including both data sent and other data held by or on behalf of the user;

11.1.3 delay or failure in receipt of data;

11.1.4 indirect or consequential damages arising from the use of the Portal or relying on its content.

11.2 The information on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the full extent allowed by law, We exclude our liability for all representations, warranties, conditions and other terms including conditions implied by law.

12.   Events beyond Our control

12.1 We shall have no liability to You for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

13.   Copyright

13.1 Essex County Council owns the copyright in the Contents of the Portal. Reproduction in any form or by any means of text, logos or graphics is not allowed without the express, written permission of Essex County Council.

14. Changes to these Terms and Conditions

14.1 No changes to these terms and conditions shall be valid or have any effect unless agreed by Us in writing. We reserve the right to vary these terms and conditions from time to time. In the event of a variation, We will displayed the new terms and conditions on the Portal and by continuing to use and access the Portal following such changes, You agree to be bound by any variation made by Us. It is Your responsibility to check these terms and conditions from time to time to verify such variations as they are legally binding on You.  Some of the provisions contained here may also be superseded by provisions or notices published elsewhere on our site.

15. Rights of Third Parties

15.1 No one other than a party to these terms and conditions has any right to enforce any of these terms and conditions.

16.   General

This Agreement shall be governed by and construed in accordance with English law and each party to this Agreement submits to the exclusive jurisdiction of the English courts.

Disclaimer

The information on this Website is published in good faith and We try to keep it accurate and up to date. However, We make no representations or promises about the accuracy, completeness, reliability or suitability of the information contained on or advertised on the Website for any purpose. We may make changes to any part of the Contents of the Website including the information, links described on it, at any time without notice.

The information on the Website is provided "as is", without any conditions, warranties or other terms of any kind. accordingly, to the full extent allowed by law, we exclude our liability for all representations, warranties, conditions and other terms including conditions implied by law.

We and any other party involved in creating, producing, maintaining or delivering the Website, exclude all liability and responsibility for loss or damage whether direct or indirect, whether in tort (including negligence), contract or otherwise in connection with the Website, the use or inability to use the Website, including any other websites linked to the Website and material on such websites. This exclusion includes and is not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the website or any websites linked to the Website.

If You make use of this Website You do so at Your own risk.

 

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