Terms and Conditions

Terms and Conditions (including the Privacy Statement)

Barnsley Metropolitan Borough Council (referred to as ‘We’ or ‘Us’ or ‘Our’ or ‘Our’) warmly welcomes you (referred to as ‘You’ or ‘User’) to the Live Well Barnsley website (‘Site’).

By using Our Site, You confirm that You accept these Terms and Conditions and that You agree to comply with them. If You do not agree to these Terms and Conditions, You must not use our Site.

1

Owner and operator of this Site

Us

2

Purpose of these terms and conditions (‘Terms and Conditions’)

To set out the Terms and Conditions of the use of the Site by an User  in either of the following capacities:

·      As a provider of goods, services, memberships of clubs or the like, volunteer activities etc. wishing to advertise on the Site (‘Provider’), or

·      As a person looking to purchase goods, services, memberships, take part in volunteer activities etc. from or with a Provider, or any other visitors of the Site (‘Customer’).

3

Acknowledgements by the User

By using this Site, each User acknowledges and agrees that:

·      The User has read and understood these Terms and Conditions.

·      These Terms and Conditions (and no others) will apply to such use.

4

Purposes of the Site

To enable Customers to obtain contact and other information about Providers to supply Customers with goods, services, memberships, volunteer activities etc.

5

Whether the User should rely on anything on the Site as professional advice

·      The contents of the Site are for information purposes only.

·      Nothing in this Site should be read as a substitute for professional advice.

·      The Council recommends the User obtains suitable expert advice on any matter that reasonably requires it.

·      Any warnings and advice given on the Site regarding protections the Customer should observe when dealing with Providers should be read as not exhaustive.

6

Extent to which We are obliged to allow a Provider’s details to be included on the Site

At its discretion.

7

Extent to which We  are entitled to remove a Provider’s details from the Site

It may do so at any time, at discretion. Given the Provider is not paying Us for the publication of the Provider’s details on the Site, the parties agree this is reasonable.

8

Extent of Our liability to the User for the User’s losses, damage or costs in relation to the following:

 

 

 

(a)   Any inaccurate, incomplete and/or out-of-date information indicated on the Site

·     Our liability is excluded to the fullest extent permitted by law.

·     In relation to contact and other information relating to a Provider: We are completely reliant on the Provider ensuring its information is accurate, complete and up-to-date.

 

(b)   Any acts or failures to act by any Provider whose information is provided on the Site

Our liability is excluded to the fullest extent permitted by law.

The parties acknowledge the following: 

·    We will not be responsible for any aspect of the provision of any goods, services, memberships, volunteer opportunities etc. provided by the Provider.

·    Any arrangement for the provision of such goods, services, memberships, volunteer opportunities etc. is entirely between the Provider and the User.

·    We (in its capacity as owner of this Site) have no involvement in any dispute between the User and the Provider.

 

(c)   Removal of a Provider’s details from the Site for any reason

·    Our liability to the Provider is excluded to the fullest extent permitted by law.

·    The parties acknowledge that this is reasonable, given that we impose no charges on the Provider for inclusion of the Provider’s details on the Site.

 

(d)   Non-availability or discontinuation of the Site

Excluded to the fullest extent permitted by Law.

 

(e)   Any links to third party websites indicated on the Site from time to time

Excluded to the fullest extent permitted by law, particularly in relation to the following:

·    The content of such third party websites.

·    Any goods and/or services etc. offered by the operators of such third party websites.

·    Whether such links work.

9

Nature of advice given by Us on the Site

It is only intended to be a general guide.

Such advice is not intended to be exhaustive, nor tailored to any specific circumstances.

10

Ownership of copyright and other intellectual property relating to the Site (e.g. URL, written content, artwork, logos, software etc.)

Such intellectual property belong to Us or its third party licensors and not to the User.

 

The User shall not have any propriety interest in, or any right to use such intellectual property. Exception: to the extent otherwise indicated in clause 11, or to the extent otherwise permitted in writing by Us or the third party licensor.

11

Right of the User to copy, print out or otherwise use intellectual property described in clause 10

Only as follows:

·     To display content of the Site on an electronic screen.

·    To print out pages, but only for personal, non-commercial purposes.

12

Specific restrictions on the right of the User to copy, print out or otherwise use intellectual property described in clause 10

The Site may not do the following (without limiting the User’s restrictions under intellectual property law and regardless of clause 11):

·    Publish any content of the Site in any way.

·    Use any of Our trademarks or logos for any commercial purpose.

13

Limitation of Liability

Under no circumstances will We be liable or responsible for any indirect, incidental, consequential (including, without prejudice to the generality of this provision, damages for loss of business, lost profits, litigation, or the like), special, exemplary, punitive or other damages, arising under, out of or in connection with these Terms and Conditions, whether by reason of breach of any provision of these Terms and Conditions, Our negligence or otherwise however or whenever occurring and notwithstanding any representation made by the User to Us as to the likelihood of such loss or damage prior to entering into these Terms and Conditions. We assume no responsibility and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of: 

·      your access to or use of the Site;

·      your downloading of any materials, data, text or images from the Site;

·      Viruses, Trojans, Bots, Dialers, logic bombs, Popups or other malicious code which may enter the Site otherwise than by the Users;

·      impairment in the performance of any system, hardware component, peripheral and/or software belonging to or used by the Users and caused by or resulting from actual or perceived incompatibility between any such item and the Site;

·      corruption, irrecoverability or loss of data resulting from any of the above, save where caused by Our negligence omission or other default under the Terms and Conditions;

·      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 the Users in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

·      loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time; and

·      for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. 

This does not affect Our liability for death or personal injury arising from its negligence, nor its liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

 

The material displayed on the Site is provided without any guarantees, conditions, or warranties as to its accuracy. Any of that material may be out of date at any given time and We shall have no obligation to update that material. The Users shall be solely responsible for all and any loss or damage whatsoever suffered or incurred by the Users.

14

Privacy statement

·     We do not collect personal data of any Customer in in any way from the Site.

·     If a Provider is an individual, by providing Us with personal data (including any sensitive personal data), the Provider gives Us unconditional consent to use that personal data supplied to Us for any purpose genuinely connected with this Site, including publication of such data on the Site.

Our Privacy Statement policy can be viewed here

15

Cookies

We use cookies in the public interface to allow it to personalise the Site to meet your requirements.

If an User does not wish to receive a cookie, then he/she must set his/her web browser to reject or deny it.

In Internet Explorer this can be done by adjusting the privacy settings within “Internet Options” from the “Tools” menu. However, if cookies are turned off it will disable some of the functionality including ‘favourites’ and ’shortlisting’.

Our Cookies Policy can be viewed here

16

Information We collect automatically to improve the Site

We collect and store the following information in relation to a visit to the Site that is automatically recognised.

·         Date and time

·         Originating IP

·         Type of browser

·         Operating system used

·         URL of the referring page

·         Object requested

·         Completion status of the request

Visitors to Our Site remain anonymous as We do not seek to link any of the data collected to individuals.

The information only allows Us to assess the popularity of the pages on the Site, so that continual improvements can be made to the Site.

17

Discontinuation of the Site

We may discontinue the Site at any time, without requiring notice to (or permission of) any Users.

18

Termination

Any Providers who have access to the Site with a view to supplying goods or services may terminate its account for the use of the Site at any time on 30 days’ notice. We may terminate any User's account for the use of the Site at any time on 30 days’ notice (except where termination is because the User is failing or has failed to act in accordance with one or more of the requirements set out in these Terms and Conditions in which case termination may be effected by Us immediately). 

Where termination occurs as the result of an User notice or Our notice (and where the ground for termination is not default by the User in relation to these Terms and conditions or otherwise, and where such grounds for termination do not exist) then the following consequences shall occur:

  • The User shall within 30 days of the date of the termination notice pay to Us all monies outstanding and due to Us from the User in relation to the use by the User of the Site prior to termination (which sum shall, to avoid doubt, be a debt and shall be enforceable as such); and
  • upon receipt of such payment (and as soon as reasonably practicable if no such payment is due) We shall return to the User (via a medium to be agreed at the time between Us and the User) copies of all or any the User data held by Us, or otherwise; and
  • the User's rights of access to the Site shall forthwith cease and the username and password shall be invalidated by Us.

Where termination occurs as the result of Our notice and where the ground for that termination is the User default in relation to these Terms and conditions or otherwise (or where the grounds for such termination exist), the following consequences shall occur: 

  • The User's rights of access to the Site shall forthwith cease and the username and password shall be invalidated by Us; and
  • the User shall within 30 days of the date of the termination notice pay to Us all monies outstanding and due to Us from the User in relation to the use by the User of the Site prior to termination (which sum shall, to avoid doubt, be a debt and shall be enforceable as such); and
  • in the event that We shall consider that it has suffered or may suffer any loss or damage (or other detriment whatsoever) as the result of the action, omission or default of the User which gave rise to the termination notice) We shall be entitled to retain all or any Users’ data held in the Site and not deliver it up to the User. We shall only be required to deliver any such data to the User either when such loss or damage has crystallised and adequate compensation has been paid to Us by the User whether as the result of proceedings in the courts or otherwise, or when prior to such crystallisation a binding compromise has been reached between Us and the User in relation to the subject matter of the loss or damage which resulted from the action, omission or default of the User giving rise to termination.

 

Third Party Links And Resources In Our Site

Where Our Site contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources. 

19

Amendment of these Terms and Conditions

We may do so at any time by publishing such changes on the Site.

We are not required to give notice to (or obtain the permission of) any User.

20

Acknowledgements by Us and each User in relation to the ‘entire agreement’

·     These Terms and Conditions constitute the entire agreement between Us and each User on the relevant subject matter.

·     No User relies on any warranty or representation regarding the Site except as expressly indicated in these Terms and Conditions.

21

Governing law

These Terms and Conditions shall be construed according to English Law.

22

Resolution of disputes between Us and any Users

Disputes between Us and each User regarding the Site (and the User’s use of it) and these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts.

23

Waiver

No waiver of any rights or powers of Ours under these Terms and Conditions is valid unless made in writing, and clearly indicating that it is a waiver of a right or power.

24

Severability

·    If any provision of these Terms and Conditions is held by any court or similar body to be invalid or unenforceable for any reason, the relevant provision shall be modified by removing or altering those parts of that provision that create the invalidity or unenforceability to the minimum extent necessary to allow the provision to be held to be valid and enforceable.

·    If this is not possible, the entire provision shall be severed from these Terms and Conditions, and the remaining provision shall remain in full force and effect. This clause has no effect to the extent any modification, removal or severance is inconsistent with public policy or materially alters the fundamental nature of this Agreement.