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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.

Intellectual Property Rights means all patents, copyrights and design rights (whether registered or not) and all applications for any of the foregoing and all rights of confidence arising for their full term and any renewals and extensions.

Intellectual Property Laws means the rules for securing and enforcing legal rights to inventions, designs and artistic works.

Portal or Website means the website located at / and all associated web pages;

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

'We', or 'Us' or 'Our' or 'Essex County Council' 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 This Agreement applies 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 of this Agreement.

2.4 If you do not accept these terms and conditions of this Agreement, you should not access the Portal.

2.5 We seek to make the Portal as accessible 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 (mailto: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 this Agreement grants You any legal rights in the Portal other than is 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 Website Operator 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 (https://ico.org.uk).

5. Personal Information

5.1 Personal information is primarily collected and stored for the purposes of enabling the approved providers access to the Portal to upload information about services to enable You to access the information and support for Your needs.

5.2 Additionally Your personal information will be used to help Us run the Portal as follows:

5.2.1 dealing with enquiries about the Portal or responding to a request for support from the Portal support service to assist a registered user in the operation and use of the Portal;

5.2.2 assisting organisations in supporting the registered user in relation to using the Portal;

5.2.3 notification of changes to the Portal;

5.2.4 notification of developments to the Portal;

5.2.5 if required to do so by law in urgent circumstances to protect personal safety, the public or the Portal;

5.2.6 Essex County Council may use the information as part of the accreditation process but will only use the information for this specific purpose and no records will be retained outside the Portal;

5.2.7 Anonymised and statistical data will be shared within Essex County Council & Healthwatch Essex.

5.2.8 The following information will be shared with Healthwatch Essex in order to create the Healthwatch widget for CQC registered provider profiles: Provider Name, Contact name, Contact email address, website address.

5.3 Any personal information obtained from the Portal may be used by the Website Operator for the purposes described above, but will not be shared with any other party other than as described or where the Website Operator is legally obliged to disclose the data.

5.4 As a service provider you have responsibilities and obligations to protect Data. If you handle personal information about individuals, you have a number of legal obligations to protect that information. You can find out more here: https://ico.org.uk/for-organisations/guide-to-data-protection/.

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

6.1 Website Operator 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.

6.2 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.

6.3 You agree not to use the Portal:

6.3.1 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. Essex County Council has sole discretion in assessing and deciding what constitutes this material.

6.3.2 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;

6.3.3 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 to 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;

6.3.4 to transmit or communicate any material which is likely to have detrimental effect on Our or any other persons reputation;

6.3.5 to 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;

6.3.6 to restrict or in any way inhibit any person from using the Website;

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

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

6.3.9 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;

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

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

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

6.3.13 to use the data collected from users of the website for anything other than the delivery of goods or services;

6.4 By uploading data to the Portal You warrant that Your data complies with the terms and conditions of this Agreement, 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.

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

6.6 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.

6.7 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.

6.8 All financial transactions carried out on the Portal using any payment method, including the electronic payment facility, will be subject to the Providers own specific terms and conditions

6.9 Transactions initiated on the Portal but completed outside of the Website should be indicated as completed on the Portal by the Provider using the appropriate actions.

6.10 Financial transactions via the electronic payment method will be subject to the terms and conditions of the electronic payment system provider. These will need to be accepted as part of your registration for the electronic payment system.

7. Our rights

7.1 In the event 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 this Agreement.

7.2 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.

7.3 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.

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

7.5 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.

7.6 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.

8. Security

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

8.2 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 or username to anyone else.

9. Service Provision and Data

9.1 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.

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

9.3 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.

9.4 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.

9.5 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.

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

10. Accuracy of information and availability of the Portal

10.1 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 to that the data is fully comprehensive, up to date or accurate.

10.2 The information provided on this Website may have been provided or obtained from third parties;

10.3 You, the Provider are responsible to warrant the accuracy of Your information on the Portal;

10.4 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.

11. Moderation

11.1 All comments will be moderated by Essex County Council and any libellous, defamatory, inappropriate or obscene material that breaches the terms and conditions will be removed by Essex County Council.

11.2 Healthwatch Essex operate their own website and widget which allow Users to leave feedback and reviews for services they have used. Healthwatch Essex moderate the comments which are provided through their own website (www.healthwatchessex.org.uk) and widget.  All complaints or challenges relating to comments made on their website, and via their widget, will be dealt with under the Health Watch complaints and disputes process and any concerns should be raised to info@healthwatchessex.org.uk. or telephone 0300 500 1895

12. Hyperlinks and third party sites.

12.1 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.

13. Limitation of Liability

13.1 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:

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

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

13.1.3 delay or failure in receipt of data;

13.1.4 indirect or consequential damages arising from the use of the Portal or relying on its content;

13.1.5 Essex County Council shall not be liable in contract, tort, pre contract or other representations or otherwise out of or in connection with this Agreement for any loss of goodwill or reputation as a result of anything You the Provider have posted on the Website.

13.2 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.

14. Indemnities

14.1 You, the Provider, are liable and agree to indemnify Essex County Council against all claims, actions, liabilities, costs, damages and losses suffered or incurred as a result of: -

14.1.1 anything posted by You on the Portal and

14.1.2 for any breach of the terms of the agreement.

15. Events beyond Our Control

15.1 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.

16. Copyright

16.1 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.

17. Changes to this Agreement

17.1 No changes to this Agreement shall be valid or have any effect unless agreed by Us in writing. We reserve the right to vary this Agreement from time to time. In the event of variation, We will display 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 of this Agreement 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.

18. Rights of Third Parties

18.1 No one other than a party to this Agreement has any right to enforce any of the terms and conditions of this Agreement.

19. General

19.1 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.

20. Supplier Directory

20.1 In addition to this Agreement above the following are applicable for Providers accessing the Website:

20.2 All Providers must be approved by Essex County Council or local authority as per Clause 6.6 above;

20.3 Information supplied by the Provider is checked by Essex County Council for approval prior to acceptance to the Website;

20.4 Providers are responsible for updating their information on the Website in particular any changes to their listing at least once every 6 months.

20.4.1 Essex County Council will carry out checks on updated information on a regular basis and reserve the right to suspend or remove a Provider who has changed their account which has breached this Agreement of the Website;

20.5 The Provider is warranted to check the accuracy of the information as per clause 10.2 in the terms.

21. Inactive listings/accounts

21.1 We reserve the right to suspend or remove an inactive account whereby the Provider has not made sufficient changes or updated their information within an agreed time frame of 6 months.

21.2 Accounts will be suspended or removed until they have been updated.

22. Removal or suspension from the Website

22.1 Essex County Council reserves  the right to remove or suspend the listing of any Provider, without liability, under this Agreement, including but not limited to the following conditions:

22.1.1 where a Provider is subject to a suspension under any contract let by Essex County Council;

22.1.2 where feedback has consistently indicated that the service offered is of poor quality;

22.1.3 where We are aware of a serious safeguarding issue;

22.1.4 where the police, or other security agency have made us aware of concerns about the nature of the service or offer being promoted;

22.1.5 where We reasonably believe that the services are being used in breach of this Agreement;

22.1.6 where any consumer protection or other enforcement or regulatory body is taking formal action against a provider;

22.1.7 where we have become aware that false or misleading information has knowingly been provided.

22.2 Removal, suspension and reinstatement will be at Essex County Councils discretion and in line with this Agreement.

23. Termination

23.1 Termination of a Provider will be at Essex County Council discretion and in line with this Agreement.

23.2 suspended accounts will be terminated after a set time (6 months) if the Provider has not made sufficient changes to have their account removed from a suspended state.

24. Dispute Resolution

24.1 In the event of any complaint or dispute arising between You the Provider and Us in relation to these terms and conditions to this Website the matter should be referred for resolution to an individual nominated by Essex County Council from time to time.

24.2 Should the complaint or dispute remain unresolved within 14 days of the matter being referred to the nominated individual, either party may refer the matter to the Director of Adult Social Services with an instruction to attempt to resolve the dispute by agreement within 28 days, or such other period as may be mutually agreed by the Provider and Essex County Council.

24.3 In absence of an agreement under clause 23.2, the parties may seek to resolve the matter through mediation under the CEDR Model Mediation Procedure (or such other appropriate dispute resolution model as agreed by both parties). Unless otherwise agreed, the parties shall bear the costs and expenses of the mediation equally.

Disclaimer

The information on this Website is published in good faith.

It is not possible to guarantee the accuracy, completeness, reliability or suitability of the information contained on or advertised on this Website. We therefore accept no liability for any inaccuracies, representations, warranties, conditions, other terms including conditions implied by law, or any loss or damage arising from the use of or reliance on information obtained from this Website.

This Website links you to many other websites provided by or obtained by third parties. Some content is provided by third parties. We are not responsible for the content or availability of these sites.

The use of this Website is subject to the terms and conditions of this Agreement.

Terms and conditions

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.

Intellectual Property Rights means all patents, copyrights and design rights (whether registered or not) and all applications for any of the foregoing and all rights of confidence arising for their full term and any renewals and extensions.

Intellectual Property Laws means the rules for securing and enforcing legal rights to inventions, designs and artistic works.

Portal or Website means the website located at / and all associated web pages;

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

'We', or 'Us' or 'Our' or 'Essex County Council' 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 This Agreement applies 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 of this Agreement.

2.4 If you do not accept these terms and conditions of this Agreement, you should not access the Portal.

2.5 We seek to make the Portal as accessible 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 (mailto: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 this Agreement grants You any legal rights in the Portal other than is 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 Website Operator 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 (https://ico.org.uk).

5. Personal Information

5.1 Personal information is primarily collected and stored for the purposes of enabling the approved providers access to the Portal to upload information about services to enable You to access the information and support for Your needs.

5.2 Additionally Your personal information will be used to help Us run the Portal as follows:

5.2.1 dealing with enquiries about the Portal or responding to a request for support from the Portal support service to assist a registered user in the operation and use of the Portal;

5.2.2 assisting organisations in supporting the registered user in relation to using the Portal;

5.2.3 notification of changes to the Portal;

5.2.4 notification of developments to the Portal;

5.2.5 if required to do so by law in urgent circumstances to protect personal safety, the public or the Portal;

5.2.6 Essex County Council may use the information as part of the accreditation process but will only use the information for this specific purpose and no records will be retained outside the Portal;

5.2.7 Anonymised and statistical data will be shared within Essex County Council & Healthwatch Essex.

5.2.8 The following information will be shared with Healthwatch Essex in order to create the Healthwatch widget for CQC registered provider profiles: Provider Name, Contact name, Contact email address, website address.

5.3 Any personal information obtained from the Portal may be used by the Website Operator for the purposes described above, but will not be shared with any other party other than as described or where the Website Operator is legally obliged to disclose the data.

5.4 As a service provider you have responsibilities and obligations to protect Data. If you handle personal information about individuals, you have a number of legal obligations to protect that information. You can find out more here: https://ico.org.uk/for-organisations/guide-to-data-protection/.

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

6.1 Website Operator 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.

6.2 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.

6.3 You agree not to use the Portal:

6.3.1 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. Essex County Council has sole discretion in assessing and deciding what constitutes this material.

6.3.2 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;

6.3.3 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 to 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;

6.3.4 to transmit or communicate any material which is likely to have detrimental effect on Our or any other persons reputation;

6.3.5 to 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;

6.3.6 to restrict or in any way inhibit any person from using the Website;

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

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

6.3.9 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;

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

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

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

6.3.13 to use the data collected from users of the website for anything other than the delivery of goods or services;

6.4 By uploading data to the Portal You warrant that Your data complies with the terms and conditions of this Agreement, 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.

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

6.6 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.

6.7 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.

6.8 All financial transactions carried out on the Portal using any payment method, including the electronic payment facility, will be subject to the Providers own specific terms and conditions

6.9 Transactions initiated on the Portal but completed outside of the Website should be indicated as completed on the Portal by the Provider using the appropriate actions.

6.10 Financial transactions via the electronic payment method will be subject to the terms and conditions of the electronic payment system provider. These will need to be accepted as part of your registration for the electronic payment system.

7. Our rights

7.1 In the event 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 this Agreement.

7.2 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.

7.3 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.

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

7.5 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.

7.6 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.

8. Security

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

8.2 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 or username to anyone else.

9. Service Provision and Data

9.1 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.

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

9.3 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.

9.4 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.

9.5 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.

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

10. Accuracy of information and availability of the Portal

10.1 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 to that the data is fully comprehensive, up to date or accurate.

10.2 The information provided on this Website may have been provided or obtained from third parties;

10.3 You, the Provider are responsible to warrant the accuracy of Your information on the Portal;

10.4 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.

11. Moderation

11.1 All comments will be moderated by Essex County Council and any libellous, defamatory, inappropriate or obscene material that breaches the terms and conditions will be removed by Essex County Council.

11.2 Healthwatch Essex operate their own website and widget which allow Users to leave feedback and reviews for services they have used. Healthwatch Essex moderate the comments which are provided through their own website (www.healthwatchessex.org.uk) and widget.  All complaints or challenges relating to comments made on their website, and via their widget, will be dealt with under the Health Watch complaints and disputes process and any concerns should be raised to info@healthwatchessex.org.uk. or telephone 0300 500 1895

12. Hyperlinks and third party sites.

12.1 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.

13. Limitation of Liability

13.1 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:

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

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

13.1.3 delay or failure in receipt of data;

13.1.4 indirect or consequential damages arising from the use of the Portal or relying on its content;

13.1.5 Essex County Council shall not be liable in contract, tort, pre contract or other representations or otherwise out of or in connection with this Agreement for any loss of goodwill or reputation as a result of anything You the Provider have posted on the Website.

13.2 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.

14. Indemnities

14.1 You, the Provider, are liable and agree to indemnify Essex County Council against all claims, actions, liabilities, costs, damages and losses suffered or incurred as a result of: -

14.1.1 anything posted by You on the Portal and

14.1.2 for any breach of the terms of the agreement.

15. Events beyond Our Control

15.1 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.

16. Copyright

16.1 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.

17. Changes to this Agreement

17.1 No changes to this Agreement shall be valid or have any effect unless agreed by Us in writing. We reserve the right to vary this Agreement from time to time. In the event of variation, We will display 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 of this Agreement 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.

18. Rights of Third Parties

18.1 No one other than a party to this Agreement has any right to enforce any of the terms and conditions of this Agreement.

19. General

19.1 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.

20. Supplier Directory

20.1 In addition to this Agreement above the following are applicable for Providers accessing the Website:

20.2 All Providers must be approved by Essex County Council or local authority as per Clause 6.6 above;

20.3 Information supplied by the Provider is checked by Essex County Council for approval prior to acceptance to the Website;

20.4 Providers are responsible for updating their information on the Website in particular any changes to their listing at least once every 6 months.

20.4.1 Essex County Council will carry out checks on updated information on a regular basis and reserve the right to suspend or remove a Provider who has changed their account which has breached this Agreement of the Website;

20.5 The Provider is warranted to check the accuracy of the information as per clause 10.2 in the terms.

21. Inactive listings/accounts

21.1 We reserve the right to suspend or remove an inactive account whereby the Provider has not made sufficient changes or updated their information within an agreed time frame of 6 months.

21.2 Accounts will be suspended or removed until they have been updated.

22. Removal or suspension from the Website

22.1 Essex County Council reserves  the right to remove or suspend the listing of any Provider, without liability, under this Agreement, including but not limited to the following conditions:

22.1.1 where a Provider is subject to a suspension under any contract let by Essex County Council;

22.1.2 where feedback has consistently indicated that the service offered is of poor quality;

22.1.3 where We are aware of a serious safeguarding issue;

22.1.4 where the police, or other security agency have made us aware of concerns about the nature of the service or offer being promoted;

22.1.5 where We reasonably believe that the services are being used in breach of this Agreement;

22.1.6 where any consumer protection or other enforcement or regulatory body is taking formal action against a provider;

22.1.7 where we have become aware that false or misleading information has knowingly been provided.

22.2 Removal, suspension and reinstatement will be at Essex County Councils discretion and in line with this Agreement.

23. Termination

23.1 Termination of a Provider will be at Essex County Council discretion and in line with this Agreement.

23.2 suspended accounts will be terminated after a set time (6 months) if the Provider has not made sufficient changes to have their account removed from a suspended state.

24. Dispute Resolution

24.1 In the event of any complaint or dispute arising between You the Provider and Us in relation to these terms and conditions to this Website the matter should be referred for resolution to an individual nominated by Essex County Council from time to time.

24.2 Should the complaint or dispute remain unresolved within 14 days of the matter being referred to the nominated individual, either party may refer the matter to the Director of Adult Social Services with an instruction to attempt to resolve the dispute by agreement within 28 days, or such other period as may be mutually agreed by the Provider and Essex County Council.

24.3 In absence of an agreement under clause 23.2, the parties may seek to resolve the matter through mediation under the CEDR Model Mediation Procedure (or such other appropriate dispute resolution model as agreed by both parties). Unless otherwise agreed, the parties shall bear the costs and expenses of the mediation equally.

Disclaimer

The information on this Website is published in good faith.

It is not possible to guarantee the accuracy, completeness, reliability or suitability of the information contained on or advertised on this Website. We therefore accept no liability for any inaccuracies, representations, warranties, conditions, other terms including conditions implied by law, or any loss or damage arising from the use of or reliance on information obtained from this Website.

This Website links you to many other websites provided by or obtained by third parties. Some content is provided by third parties. We are not responsible for the content or availability of these sites.

The use of this Website is subject to the terms and conditions of this Agreement.

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