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Terms and conditions - providers of services

Terms and Conditions for the use of the Tower Hamlets Community Catalogue as a Provider of Services

Definitions

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

 '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;

'We', and 'us' means System Associates as Website Operators, and the London Borough of Tower Hamlets whose registered office is at:

 Mulberry Place

5 Clove Crescent

London

E14 2BG;

'You', 'Provider' and related expressions mean the user of the Provider functionality within the Directory;

'Directory' and 'this website' means the website located at (Directory URL) 

Paragraph headings shall not affect the interpretation of these conditions.

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

 Use of the Directory

These Terms and Conditions apply to users who are registered as Providers for the purposes of uploading service information on the Directory.  They describe the terms and conditions that apply to such users of the Directory and what we will do with any personal information collected from you when using the Directory.

By using the Directory you are deemed to have accepted these Terms and Conditions, and agree to have your details made available to the public via the Directory.

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

Data Protection Act 1998 and Privacy Notice

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 Commissioners website at

 http://www.ico.org.uk/.

 The Directory enables providers of adult social care to upload information about their service provision on the Directory.

Mandatory information collected from providers as part of the registration process is detailed below;

  • Title
  • First Name
  • Last Name
  • Organisation Name
  • Business Address
  • Email Address
  • Work Telephone Number

Other optional data which can be collected if the provider wishes is detailed below 

  • Home Telephone Number
  • Mobile Telephone Number

This data is primarily collected and stored for the purposes of enabling approved providers to access the Directory to upload information about adult social care provision.

In addition, personal information will be used for the following purposes in relation to the running of the Directory:

  • dealing with enquiries about the Directory or responding to a request for support from the Directory support service to assist a registered user in the operation and use of the Directory
  • assisting organisations in supporting the registered user in relation to the Directory
  • notification of changes to the Directory
  • notification of developments to the Directory
  • if required to do so by law in urgent circumstances, to protect personal safety, the public or the Directory
  • the London Borough of Tower Hamlets 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 of the Directory

Anonymised and statistical data will be shared with the London Borough of Tower Hamlets for the sole purpose of providing management information. The sharing of anonymised data will assist with assessing, planning and improving services.

Any personal information obtained from the Directory 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.

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:

The Information Commissioner's Office has specific information to support companies operating online. You can find out more here:·    

The links are good practice to help protect and support businesses; we recommend that you visit The Information Commissioner's Office website for more details.

Acceptable behaviour and improper use of the Directory and data held within it

System Associates or the London Borough of Tower Hamlets 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 Directory.  If your access has been suspended temporarily or permanently you must not re-register or otherwise attempt to re-access the Directory without our prior consent.

You acknowledge that you are solely responsible for any content or other materials that you post to the Directory and that we reserve the right to remove any information which is considered by us to be inappropriate.

In addition, you agree not to use the Directory:

  • 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;
  • 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;
  • 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;
  • to transmit or communicate any material which is likely to have a detrimental effect on our or any other person's reputation;
  • 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;
  • to restrict or in any way inhibit any person from using this Website;
  • to transmit or communicate any material in breach of the Computer Misuse Act 1990;
  • to impersonate or falsely state or misrepresent your organisation with any entity or person including without limitation ourselves, or other Directory members;
  • 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;
  • to provide services or goods that are not appropriate to adult social care and service users of adult social care;
  • to use the data collected from users of the website for anything other than the delivery of services.

By uploading data to the Directory 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.

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

All Services listed on the site must be approved by the London Borough of Tower Hamlets.  Part of the registration process for the Directory includes authorisation by the local authority.  Only approved Providers and Services will be authorised.  Services will only be made visible to Directory end users once the listing has been approved by the local authority.

Our rights

In the event that you breach any of the provisions above, we reserve the right to remove that content or disable access to the Directory 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 and Conditions.

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.

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 and Conditions or to respond to third party complaints about such content.

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

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

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 and you will indemnify the Website Operator against any claims brought by a third party in connection with any form of intellectual property rights.

Security

The Website Operator will use reasonable effort to ensure that all personal information relating to the Directory is secure against unauthorised access but cannot guarantee this.

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

Service provision and data

The Directory 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.

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

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

The Website Operator is not responsible for the content of external internet sites that link to the Directory 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.

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

Limitation of Liability

The Website Operator accepts no liability in contract, tort or otherwise including negligence for:

  • loss of access to the Directory due to routine or emergency maintenance or due to excessive demand for the Directory;
  • loss of data including both data sent and other data held by or on behalf of the user;
  • delay or failure in receipt of data;
  • indirect or consequential damages arising from the use of the Directory or relying on its content.

Copyright

The Website Operator owns the copyright in the contents of the Directory.  Reproduction in any form or by any means of text, logos or graphics is not allowed without the express, written permission of the Website Operator and the London Borough of Tower Hamlets as local authority unless otherwise stated.

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.

Changes to these Terms and Conditions

We may revise these Terms and Conditions at any time by amending this page.  You are expected to check this page from time to time to take notice of any changes we make, 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.