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Terms & Conditions

 

Evolution Project - Terms and Conditions ("User Agreement").

The following describes the terms on which Castlereagh Borough Council (The Evolution Project) offers you and your business access to our services. This User Agreement is effective as of 1st September 2011, for all users.

The following "User Agreement" governs your use of our website and participation on the Evolution Project and by continuing, you agree to them. If you do not agree to these terms please leave immediately.
Introduction

Welcome to Castlereagh Borough Council's Evolution Project and supporting website. These terms and conditions apply to the services available from the following websites:-

- www.nibusinessinfo.co.uk/Castlereagh
- www.castlereaghbusiness.co.uk

Before Castlereagh Borough Council can offer any support, you must read and accept all of the terms and conditions in, and linked to, this User Agreement to which your use of the website is subject. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of some of our linked partner websites may be governed by separate user agreements and privacy policies. The agreement that applies on any of our domains and sub-domains is always the agreement that applies on the footer of each website. The User Agreement constitutes a legally binding Agreement between you and Castlereagh Borough Council.

We may make changes to these terms and conditions (including the services offered by us) from time to time. We will post any such revised version of this User Agreement on the website. By continuing to use our website following any such change you will signify that you agree to be bound by the revised terms and conditions.

We reserve the right in our sole discretion to restrict or decline your access to the Evolution Project and the supporting website or part of it. Access to restricted areas of the website may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of the terms of this User Agreement).

About The Evolution Project

The purpose of the Evolution Project and supporting website is to support businesses in the Borough of Castlereagh. It is managed by Castlereagh Borough Council's Economic Development section. It is intended that the support provided will include:-

- Access to free support provided by Evolution Project partners (please refer to section? - regarding stakeholder partner chargeable support).
- Access to tailored mentoring support from procured specialist business consultants.
- Provision of links to relevant project partners, national government and local government information and services.
- Access to business blog and events calendar to upload relevant business articles and events.

The content of the Evolution Project and supporting website, including information, tools, stakeholder partner support (please also refer to section? - regarding stakeholder partner chargeable support) and business consultancy support, is provided free of charge and is intended to be helpful to the widest range of businesses.

We will use reasonable endeavours to ensure that content on the Evolution Project and supporting website is accurate and up to date, and to address any errors or omissions as soon as they are identified, however:

- We cannot guarantee that the content is always accurate and up to date, or that it applies to the individual circumstances of your business;
- We cannot guarantee that the website or any individual function or feature of the website will always be available and/or error free. In particular, the website may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the website.
- The content of our website is not intended to be used as a substitute for legal advice and you should seek any appropriate legal professional advice relevant to your particular circumstances.

Exclusions & Limitation of Liability

We do not represent or warrant that:

- access to our website, or any part of it, will be uninterrupted, reliable or fault-free;
- our website or any of its contents will be accurate, complete or reliable; and
- any services (whether or not provided by us) will be provided with due care and skill.

To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
- any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our website or any information on our website;
- the unavailability of our website (or any part of it), goods or services;
- any delay in providing, or failure to provide or make available, goods or services, or any negligent provision of goods or services;
- any goods not being of merchantable quality or fit for their intended purpose;
- any misrepresentation on or relating to our website, the goods or the services (other than a fraudulent misrepresentation made by us or on our behalf);
- any failure by us to comply with these terms and conditions or any failure to provide or delay in providing our services through our website, where such failure is due to circumstances beyond our reasonable control;
- all conditions, warranties and other terms that might otherwise be implied by law into this User Agreement; and
- your use of any link to a third party website or any services or goods provided by such third party including government departments, project partners, agencies or authorities associated with the Evolution Project.

You agree that we shall have no liability for indirect or consequential losses, loss of data, income or profits or damages for loss of or damage to property.

You agree that each of these limitations is reasonable having regard to the nature of the Evolution Project and our website and in particular given that if you purchase information, goods or services through any linked website you will enter into a separate contract with the supplier in each case.

None of the above exclusions or limitations shall exclude or restrict our liability for death or personal injury caused by our negligence. Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.

None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the resupply of our website or services to you.

Acceptable Use Policy (Website)

You agree to use this website for lawful purposes only. Your use of the website is conditional on your compliance with the rules of conduct set forth in this User Agreement and you agree that you will not:

- use the website for any fraudulent or unlawful purpose;
- use the website to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
- send, state, publish, use or reuse any material which is offensive, abusive, indecent, obscene or threatening ;
- transmit any chain letters, spam letters or junk email or participate in mischievous or malicious behaviour which causes or may cause damage, annoyance or inconvenience to this website or any other party;
- impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the website;
- express or imply that we endorse any statement you make;
- interfere with or disrupt the operation of the website or the servers or networks used to make the website available; or violate any requirements, procedures, policies or regulations of such networks;
- transmit or otherwise make available in connection with the website any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
- reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the website;
- modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the website. If you wish to reverse engineer any part of the website to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information;
- remove any copyright, trade mark or other proprietary rights notice from the website or materials originating from the website;
- frame or mirror any part of the website without our express prior written consent;
- create a database by systematically downloading and storing website content;
- use any manual or automatic device in any way to gather website content or reproduce or circumvent the navigational structure or presentation of the website without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator's public online search service.

We reserve the right to revoke these exceptions either generally or in specific instances.

You may not circumvent or attempt to circumvent security measures or try to modify the website content except as expressly permitted.

In the interests of all users, we will cooperate with investigations by any law enforcement agency or relevant authority of suspected criminal activity or violation or systems or networks.

Links to External Websites

The website may provide links to other websites and online resources. We are not responsible for the content of any linked website and cannot take responsibility for the consequences of you or your business using the information or services on linked websites. Your use of third party websites and resources is entirely at your own risk. We cannot guarantee that these links will work all of the time.

Our website does not endorse or favour any specific commercial product or business. Non-government websites linked to this website are present only because they may be useful additions to the information and services that we provide. A link to a third-party website does not imply endorsement - you must use your own judgement to decide whether the information or service on that website is suitable for your needs. If a website is not linked to ours, this does not mean or imply that it is unsatisfactory. The linked websites are regularly reviewed in the light of customer usage and feedback.

Online Services, Transactions and Payments

When using this website you may access or follow links to a number of online services or transactions, for example online services provided by a range of government departments, project partners, agencies or authorities. Each of these services may have its own Terms and Conditions or end user licenses that apply only to that service. Users of any service should ensure that they read the relevant Terms and Conditions.

We cannot guarantee the availability of any particular service either provided by us or by a government department, project partner, agency or authority.

When applicable, payments may be taken by government departments, project partners, agencies or authorities. Any disputes over such payments or fees requested and obtained via this website must be taken up with the relevant organisation.

We are not responsible for the content of any website outside our site.

User Accounts, ID and Password

To register for the Evolution Project, associated website or to access certain services and tools you will be required to register for a User ID and password (for further information see our privacy policy).

Your User ID and password are very important pieces of information and it is your responsibility to keep them secure. You agree to:

- Choose a new password whenever you are required to do so.
- Keep your User ID and password confidential.
- Be responsible for any transactions or updates made by users you have authorised to use your User ID and password.

If you suspect your User ID and password has been or may be used by unauthorised persons you must notify us immediately at growbusiness@castlereagh.gov.uk

You are responsible for the management of information in your account. When you are receiving business support:

- We cannot recover any application documents that you choose to delete from your account.
- It is your responsibility to log into your account to check the progress of your agreed targets on your action plan.

Security and Virus Protection.

No data transmission over the internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, such transmission is at your own risk. We will not be liable for any damages or loss arising out of or resulting from any unauthorised access to, alteration to or modification of information contained on the website.

We make every effort to check and test our website during production. You must also take your own precautions to ensure that the process which you employ for accessing this website does not expose you to risk of viruses, malicious computer code or other forms of interference, which may damage your computer system. It is always wise for you to run an anti-virus program on anything you download from the internet.

We accept no liability for any loss, disruption or damage to your computer system or your data caused by using this website or arising as a result of having used this website.

When uploading documents to this website you must take every reasonable precaution to prevent the spread or diffusion of any software contamination including computer viruses.

Data Protection

Information you provide to us may be passed to relevant service providers (project partners and specialist business consultants), including government departments, agencies or authorities, for example in order to respond to your request or process your registration. We may collect and use your information in accordance with our Privacy Policy and you acknowledge and agree to be bound by the terms of our Privacy Policy.
General

If we waive any rights to us under these terms and conditions on an occasion, this does not mean that those rights will automatically be waived on any other or subsequent occasion.

If any part of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

Applicable Law

This website and the use of it are governed by the laws of Northern Ireland. The Northern Irish courts shall have exclusive jurisdiction over any disputes connected to or arising out of use of the website.

If you use information or services provided on this website from outside the UK, you are responsible for ensuring your use conforms to local laws as well as the laws of Northern Ireland.
Intellectual Property & Copyright Notice

Material contained on this website and associated literature and brochures is 2011 Castlereagh Borough Council. The intellectual property rights in the website and all of the text, pictures, videos and other content made available on it are owned by us and our licensors. You may not print or otherwise make copies of any such content without our express prior permission.

Participation on the Evolution Project

As previously stated support for businesses is free of charge. However all registered businesses will be required to work towards the completion of a targeted action plan provided for by the Economic Department and implemented by project partners and specialist business consultants. In the event that key targets of the action plan are not completed Castlereagh Borough Council reserves the right to charge the participating business a fee of 150 to cover costs incurred by the Council.
Freedom of Information

Definitions:-

'FOIA' means the Freedom of Information Act 2000 and any subordinate legislation made under this Act from time to time together with any guidance and/or codes of practice issued by the Information Commissioner in relation to such legislation;

'Requests for Information' shall have the meaning set out in FOIA or any apparent request for information under the FOIA or the Environmental Information Regulations.

You acknowledge that Castlereagh Borough Council is subject to the requirements of the FOIA and the Environmental Information Regulations 2004 and you agree to assist and cooperate with the Council to enable it to comply with these information disclosure requirements.

You shall:
a. provide the Council with a copy of all information relating to the Evolution Project in your possession or power in the form that the Council requires within five working days of the Council requesting that information; and
b. provide all necessary assistance as reasonably requested by the Council to enable the Council to respond to a Request for Information within the time for compliance.

The Council shall be responsible for determining at its absolute discretion whether the commercially sensitive information and/or any other information -

a. is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations 2004; and

b. is to be disclosed in response to a Request for Information.

You acknowledge that the Council may, acting in accordance with the Department for Constitutional Affairs' Code of Practice on the Discharge of Functions of Public Authorities under Part I of the Freedom of Information Act 2000, be obliged under the FOIA, or the Environmental Information Regulations 2004 to disclose information:-

a. without consulting you, or

b. following consultation with the you and having taken your views into account.

You shall ensure that all information produced in the course of the Evolution Project or relating to the Project is retained for disclosure and shall permit the Council to inspect such records as requested from time to time.

Publicity

You shall not make any public statement relating to your participation in the Evolution Project without specifically acknowledging the support provided through the Evolution Project by Castlereagh Borough Council, Invest NI and the European Regional Development New Competitiveness Fund for Northern Ireland (2007-2013) in any such statement.

Termination of Support

We may terminate your registration immediately if you are in material breach of any of these terms and conditions.

We shall have the right to terminate the provision of all or any part of the services at any time by giving one months' written notice to the business.

Any rights that have accrued to either party at the date of termination will remain enforceable after termination.

Definitions

In these terms and conditions:

'our website' means our presence on the Internet;
'our', 'we' and 'us' means Castlereagh Borough Council and, where applicable, its officers, employees and authorised agents; and
'you' and 'your' include any business with which you are associated and on behalf of which you use our website ('your business').