Terms of Use

Website Operator
Terms and Licence
Materials in Website
Accuracy of Information
Linking
Liability and Indemnity
Content
Password
Forms and Best Practice Guidelines
Jurisdiction and acceptance of these terms and conditions
Booking and paying for events

1. Website Operator

1.1 This website ("Website") is operated by West Midlands Regional Observatory an operating unit of Advantage West Midlands, which is a non-departmental public body and is situated at 3 Priestley Wharf, Holt Street, Aston Science Park, Birmingham B7 4BN ("us", "we" or "the Operator").

2. Terms and Licence

2.1 Please read the following terms and conditions and privacy policy (together “the Terms”) carefully before you use the Website. If you do not accept the Terms you cannot use the Website. Our privacy policy is available on this site.

2.2 Certain areas of this Website are restricted and in order to use them you must first register following our stated procedures.

2.3 Once registered (receipt by you of a confirmatory email sent by us) we grant you a non-exclusive, revocable licence to use those parts of this Website that require a password to access, upon the Terms.

2.4 We may restrict your access to the whole or any part of the Website and change the levels of access that you have to materials on or parts of the Website at any time at our discretion.

2.5 Your registration will be accepted on condition that you met certain pre-qualifying conditions (such as being a member of a particular profession). You warrant conformance at all times with those conditions and must therefore notify us immediately if you no longer meet any of the conditions.

2.6 We may amend the Terms at any time by posting such amendment on the Website and we recommend that you monitor the Terms from time to time.

2.7 We may add to or delete any part of the entire Website at our discretion at any time.

2.8 Improper use of this Website may give rise to a claim for damages and/or be a criminal offence.

2.9 We shall be permitted to, restrict, suspend or terminate your licence and/or use of the Website at any time without notice or take such other action as we deem appropriate if we determine or have reasonable grounds to believe that you are in breach of any of the Terms or your use of the Website is inappropriate or otherwise unacceptable.

2.10 Nothing on this Website is intended to be nor should be construed as an offer to enter into a contractual relationship.

2.11 You agree to comply with any security policy or guideline relating to the access or use of the Website (whether relating to the issue or use of passwords, or otherwise) that we may notify you of from time to time in writing.

3. Materials in Website

3.1 This Website and the content and materials on it or accessed through it (“Proprietary Materials”) are protected in the United Kingdom and internationally by intellectual property rights (including copyright, database rights, designs and trade marks) which are owned by or licensed to the Operator. These Proprietary Materials include, but are not limited to, written publications and materials, catalogues tables and other arrangements of information and links, precedent agreements, best practice policies, and the design, layout, look, appearance and graphics of the Website.

3.2 All trademarks reproduced in or on this Website, are the property of, or licensed to the Operator.

3.3 You must comply with any confidentiality notices or other licence conditions attaching or applying to any Proprietary Materials and, subject to the foregoing, may only view, use, download and store Content for personal and internal research use within your firm or company. Commercial re-use of Proprietary Materials is not permitted. You must not distribute, publish, or otherwise make available any Proprietary Materials to third parties for commercial or financial gain.

3.4 You may share Proprietary Materials and materials based on the Proprietary Materials with third parties where this is other than for commercial or financial gain but must ensure that, in doing so, the Operator is clearly acknowledged as being the source or collator of the Proprietary Materials in question. The acknowledgement must be made by use of a notice attaching to the Proprietary Materials, on terms notified to you by the Operator or as published on the Website, from time to time.

4. Accuracy of Information

4.1 The information CONTAINED in OR ACCESSIBLE THROUGH OUR EXTERNAL LINKS FROM this website is MADE AVAILABLE in good faith and for general information and interest only. It is subject to change without notice. We are not responsible for any inaccuracies and (except as set out in clause 6.3) we make no representation and give no warranty as to its accuracy, currency or its fitness for purpose.

4.2 The information in this Website is general in nature and should not necessarily be regarded as the primary source of information. It does not constitute any form of advice or recommendation for your particular needs. You must decide for yourself if any information is suitable for your needs. Any arrangements made between you and any third party named or referred to on the Website are entirely at your sole risk and responsibility.

4.3 You agree that any information you provide about yourself when you register or at any other time will be true, accurate and complete and you will ensure that this information is kept accurate and up to date at all times by notifying us immediately if the details you have provided to us change.

5. Linking

5.1 This Website contains links to other websites. We do not accept nor do we assume any responsibility or liability for the content of other websites. Any link is not intended to be, nor should be construed as, an endorsement of any kind by us of that other website.

5.2 You must remove any links to this Website, to another website linked to this Website or document, on our request.

6. Liability

6.1 We do not guarantee that use of this Website will be compatible with all hardware and software which may be used by you nor that you will be able to access the Website including parts of it at all times. We further do not guarantee that use of the Website will at all times be uninterrupted or error-free nor that you will be able to download material from it including within any guaranteed time period.

6.2 Except as set out in clause 6.3, we will be under no liability to you whatsoever whether in contract, tort, (including negligence), breach of statutory duty, restitution or otherwise for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with the use of this Website or the use, accessing, downloading or relying on any information or other materials contained in this Website, including, without limitation, as a result of any computer virus.

6.3 These terms and conditions do not exclude our liability (if any) to you for personal injury or death resulting from our negligence, for fraud or for any matter which it would be illegal for us to exclude or to attempt to exclude its liability.

6.4 You hereby agree to indemnify us from and against any loss, damage, costs, proceedings claims and liability ("Claims") suffered or incurred by us arising out of or in connection with your use of the Website.

7. Content

7.1 You are only permitted to contribute messages, communications and other content and materials for posting on the Website (“Content”) provided you do so in a responsible manner (using common sense and caution and exercising proper judgment) and in accordance with the following provisions of this clause 7. Content should be sent to enquiries@wmro.org.

7.2 We are under no obligation to post any Content submitted by you on the Website.

7.3 By submitting Content you hereby grant the Operator and its partners an irrevocable, perpetual, royalty free, non-exclusive and worldwide licence to, inter alia, edit, amend, modify, reproduce, publish, translate, distribute, create derivative works from and publish the Content (in whole or in part) in any form or media. You also permit any other user of the Website to access, display, view, store and reproduce such Content upon the terms of clauses 3.3 and 3.4.

7.4 You hereby confirm that:

7.4.1 you have the right and authority to submit the Content to us, for use and disclosure by us in accordance with the licence granted by you under clause 7.3 and in accordance with legal requirement imposed on us; and

7.4.2 without prejudice to clause 7.4.1, you have complied with the provisions of the Data Protection Act 1998 in submitting any Content that contains personal data (as defined in the Data Protection Act 1998) and, in particular, have obtained the consent of any individuals referred to in the Content to the disclosure of their personal data to us, and to the publication of their personal data on the Website; and

7.4.3 you will provide such information as we may from time to time reasonably require to satisfy ourselves that you have complied with your obligations under this clause 7.4; and

7.4.4 you hold the information referred to in the Content contributed by you and that if you are a public authority (as defined by the Freedom of Information Act 2000) you will comply with the requirements of that Act; and

7.4.5 without prejudice to clause 7.4.1, we do not hold any of the information referred to in the Content contributed by you for posting on the Website (otherwise than on your behalf) and it will be your responsibility to deal with requests (made to you or made to us and which we in our absolute discretion may transfer to you) for information relating to the material you have contributed; and

7.4.6 in the event that the Information Commissioner (in any decision notice or enforcement notice), or the Information Tribunal decides that we are holding any information relating to the Content which you contributed for posting on the Website and which should be disclosed under the Freedom of Information Act, then we may require you in our absolute discretion to promptly communicate that information to us in writing; and

7.4.7 you have the right to grant the licence at clause 7.3 (above); and

7.4.8 exercise by the Operator and its licensees of the rights granted under clause 7.3 (save to the extent that the Operator has exercised any of its rights under clause 7.4.12) shall not infringe a third party’s intellectual property or other rights (including any moral rights); and

7.4.9 the Content shall not be defamatory, obscene, pornographic, abusive, racist or threatening in any way and its use and holding shall not otherwise be contrary to law; and

7.4.10 you will promptly submit any amendments or updates to the Content on becoming aware of the same; and

7.4.11 you shall not, in submitting Content, impersonate any other person (whether actual or fictitious) or otherwise falsify the origin of the Content; and

7.4.12 we may in our absolute discretion edit and/or remove any Content.

7.5 Any ideas, suggestions, thoughts, recommendations, opinions, comments, advice or observations set out in the Content are those of the person submitting the Content and do not represent those of the Operator. The Operator makes no guarantee regarding the reliability, accuracy, or quality of the Content.

7.6 We will use all reasonable endeavours to remove Content that users may find offensive as soon as it is brought to our attention. Please notify us at enquiries@wmro.org.

7.7 You hereby agree to indemnify the Operator from and against any loss, damage, costs, proceedings, claims and liability (“Claims”) suffered or incurred by the Operator arising out of or in connection with any Content save where such Claims arises solely as a result of the exercise by us of our rights under clause 7.4.12

8. Password

8.1 You will be asked to create a password when you register to use certain areas of the Website. You must keep the password secure and confidential at all times.

8.2 You will be liable for all use of your password including access of material made through use of the password, whether authorised or unauthorised.

8.3 If you become aware of any unauthorised use of your password please notify us immediately at enquiries@wmro.org.

8.4 In the event that you forget your password, please email us at enquiries@wmro.org and we will remind you of your password provided you satisfy our security check.

8.5 Misuse of the Website will lead to the removal of your access to privileged areas of the Website.

9. Forms and Best Practice Guidelines

9.1 When you download any forms, best practice guidelines or other WMRO copyright material ("Forms") from the Website, you may only store and use such materials in accordance with clause 3.3.

9.2 Notwithstanding any other provision of these Terms and, in particular, clause 3.4, you may not republish, retransmit, redistribute or otherwise make any Forms available to any other party or make the same available on any website, on-line service or bulletin board of your own or any other party or make the same available in hard copy or on any other media.

10. Jurisdiction and acceptance of these terms and conditions

10.1 This Website is controlled and operated by the Operator from its offices in England. The formation, existence, construction, performance, validity in all aspects whatsoever of these terms and conditions or of any term of these terms and conditions or any dispute in relation to the use of this Website or of the materials contained in this Website shall be governed by English law as applied in England and Wales. The English courts shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions or use of the Website.

10.2 Your continued use of this Website indicates your acceptance of these terms and conditions, as the same may be amended by us from time to time.

11. Booking and paying for events

11.1 Please be aware that we do not issue invoices. The booking form is a pro forma invoice and can be used by your finance department to pay against.

11.2 If you request a VAT receipt, we require a PO number.

11.3 Booking will not be confirmed without payment.

11.4 If paying by credit card, your card will be charged at the time of booking.

11.5 Payment is non-refundable. In the unlikely event of cancellation by the organisers, liability will be restricted to the refund of payments already made.

11.6 The organisers reserve the right to make changes to the programme, speakers or venue should this become necessary.