Terms & Conditions for Tool Use:
Definitions:
‘Tool’: The NETpositive Scottish Construction Tool (a.k.a NETpositive Impact Appraisal and Action Planning Tool for Scottish Construction).
‘us’/’we’: The following partners on the NETpositive Tool: ESD Consulting Ltd and the Stockholm Environment Institute.
‘you’/’user’: The tool user, who accepts these Terms & Conditions.
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In using the NETpositive Tool you agree to the following Terms & Conditions of Use.
If you do not accept these terms please do not use the Tool. If you use the Tool these Terms will form a contract between you and us.
These Terms apply to the entire contents of this NETpositive Tool, to any downloaded or streamed content and to any correspondence by email between us and you.
Our Privacy Statement also forms part of these Terms and should also be read before using the Tool.
If you require any clarification on these Terms please contact us at info@net-positive.org
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1. Who we are
1.1. Access and use of this Tool is provided by the following NETpositive project partners: ESD Consulting Ltd and the Stockholm Environment Institute.
2. Changes
2.1. We may change these Terms at any time, in which case the amended Terms will be posted on this page and will apply from the date we post them. Please check these Terms on each occasion you use the Tool. If you continue to use the Tool you will be bound by the latest Terms.
2.2. The format and content of the Tool may change constantly. You should refresh your browser each time you visit the Tool to ensure that you access the most up to date version.
3. Accessing the Tool
3.1. Before accessing the Tool you should obtain permission to do so from the internet bill payer.
3.2. We reserve the right at our sole discretion to deny any user access to the Tool or any part of it without prior notice.
4. Using the Tool
4.1. The Tool is provided free of charge to the user.
4.2. To use the Tool the user must register for an account using the Mozilla Persona registration service. In doing so, they must agree to the Terms of use for Persona which can be found on the Persona website: http://www.mozilla.org/en-US/persona/terms-of-service/
4.3. You agree to only use the Tool in a manner that complies with all applicable laws and regulations and is consistent with the Terms and does not infringe the rights of anyone else, nor restrict or inhibit their use and enjoyment of the Tool (including, without limitation, by hacking).
4.4. You may request help and support from us via info@net-postive.org and we will respond as soon as possible but set no time conditions on our response.
5. Contributions
5.1. All content entered or submitted by users of the Tool must comply with the following. Please read these rules carefully before registering as a contributor or submitting comments or other material to this Tool.
5.2. We are not responsible for any user Contributions posted to our Tool. These Contributions express the views of the author of the Contribution, not the views of us.
5.3. If you have a complaint about any content on this Tool please contact us immediately using the info@net-positive.org link.
5.4. You must not post or transmit to this Tool any material:-
5.4.1. that is knowingly false or misleading;
5.4.2. that is defamatory, illegal, abusive, vulgar, hateful, harassing, liable to incite racial hatred, blasphemous, discriminatory, pornographic, sexually oriented, threatening or invasive of a person's privacy;
5.4.3. which you do not own or for which you have not obtained all necessary licences and/or approvals;
5.4.4. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
5.4.5. impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with anyone or entity.
5.6. You agree to indemnify, defend, and hold harmless the NETpositive Tool project partners in developing the Tool, including their directors, officers and employees, from and against all liabilities, claims, demands and expenses arising out of any of your Contributions which breach these Terms.
5.7. Your ‘Name’ submitted into the tool will be treated confidentially unless we have express written consent from you to divulge this information.
5.8. Aside from that detailed under Clause 5.7, other Contributions to the site you transmit or post to this website shall be considered non-confidential. By transmitting or posting a Contribution to the website you:-
5.8.1. represent that you are fully entitled to do so;
5.8.2. grant us a non-exclusive, perpetual, non-terminable, worldwide, sublicensable and royalty-free licence to copy, modify, distribute, show in public and create derivative works from that material in any form and anywhere for all commercial or non-commercial purposes related to our work; and
5.8.3. authorise us to adapt the relevant material in the course of doing so and so waive all moral rights you have in your Contribution to the fullest extent permitted by law.
6. Registration
6.1. If you want to make use of the Tool you must first register with us. During registration, you will be asked to provide an individual user name and password which you will need to use each time you carry out the action which you registered for. We reserve the right to change your user name and password at any time.
6.2. You must ensure that you keep your username and password confidential and that you do not disclose them to anyone, and that you also restrict access to your computer to prevent unauthorised access to your account. You will be responsible for all activities which occur under your username and password. It is your responsibility to immediately notify us of any unauthorised use of your username and password or any other breach of security as soon as you become aware of it.
6.3. We may terminate your registration at any time at our complete discretion, but will generally only do so if you are in breach of website rules such as the Contribution Rules. If we terminate or suspend your registration you may not re-register with us without our written consent.
7. Privacy
We take your privacy very seriously and will treat all of your personal information in accordance with all applicable data protection laws in England and Wales. Please read our Privacy Statement
8. Intellectual Property Rights
8.1. You acknowledge that all copyright, trade marks and other intellectual property rights in the Tool and all designs, images, text, files and other material in the Tool or material generated by or transmitted from the Tool are owned by us or our licensors. You are permitted to use the Tool only as expressly authorised by us.
8.2. Provided you use the Tool in accordance with these Terms you are permitted to print, download and receive extracts of from the Tool Material, provided in each case that:
8.2.1. Copyright and source indications are also printed and copied and/or stored in association with the Tool Material;
8.2.2 The following reference to the site is provided: 'NETpositive Tool, info@net-positive.org'
8.2.3. Any Material is not used in a derogatory or misleading context and in particular may not be used for the purpose of promoting, advertising, endorsing or implying a connection with you (or any third party) and the NETpositive Tool partners.
8.3. The rights in term 8.2 are not transferable.
8.4. If you wish to use any Tool Material other than in accordance with Terms 8.2 and 8.3 above please email your request to info@net-positive.org.
8.5. The NETpositive Tool includes logos and names used on the website, which may be the trade marks of respective owners of the Tool. No permission is given by us in respect of the use of any such trade marks, names or logos and such use may constitute an infringement of the holder's rights.
8.6. Any rights not expressly granted in these terms are reserved.
8.7. We may terminate your rights to use the site at any time at our complete discretion.
9. Disclaimers
9.1. The information provided in our Tool is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. We do not check and are not responsible for the accuracy, completeness or truth of Contributions to the Tool. You understand and acknowledge that all Contributions are the sole responsibility of the person who submitted the Contribution to the Tool. Users should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in our Tool. The material on this website is provided 'as is', without any conditions, warranties or other Terms of any kind.
9.2. You should exercise no lesser degree of caution in appraising what you see on the Tool than you do offline. Even though Contributors to our Tool are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. You should also note that people may not necessarily be who they say they are. Your use of the website is entirely at your own risk.
9.3. You may not access the Tool from countries where its contents are illegal or unlawful. If you do access the website from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
9.4. We do not warrant that the functions contained in the Tool will be uninterrupted or error free, that defects will be corrected, or that the website or the server that makes it available is free of viruses or bugs or represents full functionality, accuracy or reliability of the materials.
10. Liability
10.1. We do not limit in any way our liability by law for fraud or death or personal injury caused by our negligence or breach of statutory duty or any other liability which cannot be excluded or limited under applicable law.
10.2. Subject to clause 10.1, you agree that we will not be liable for:-
10.2.1. Any loss, disruption or damage to your data or your computer system; or
10.2.2. Any other loss or damages whatsoever (including, but not limited to, loss of profit or loss of use, direct, indirect or incidental loss) arising out of your use or inability to use our Tool (including downloading or streaming from the Tool), its content, any information on or from the Tool or any link to another website and whether such loss or damage arises in contract, tort (including negligence) or otherwise.
11. Links
11.1. Our Tool may contain links to third party websites and in particular, links to third party websites may be contained in user Contributions. Such links are provided for your convenience only. We do not necessarily control such websites and are not responsible for their contents. The mere inclusion of such links does not imply any endorsement of the material on those websites or any association with their operators. If you decide to access any of the third party websites linked to from this website, you do so entirely at your own risk. We cannot guarantee that these links will work all the time and we have no control over the availability of the linked pages.
11.2. Extra care should be taken when using links contained in user Contributions. We do not check these links and are not responsible for them. If you are not familiar with the website linked to, it is safer not to use the link.
11.3. If you wish to link from your website to our Tool you may do so only on the basis that you link to, but do not replicate, the home page, and subject to the following conditions:-
11.3.1. The linking text must simply consist of the website address;
11.3.2. You do not remove, distort or otherwise alter the size or appearance of any logos on the website;
11.3.3. You do not in any way imply that we are endorsing any products or services;
11.3.4. You do not misrepresent your relationship with us nor present any other false information about us;
11.3.5. You do not otherwise use any trade marks displayed in the Tool without express written permission from us;
11.3.6. You do not link from a website that is not owned by you; and
11.3.7. Your website does not contain content that is distasteful, pornographic, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
11.4. At any time and at our complete discretion we reserve the right to withdraw the permission to make website links to our Tool.
12. Severance
12.1 If any of these Terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country which apply to these Terms, then to the extent and within that jurisdiction in which that Term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
13. Waiver
13.1 If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Terms.
14. Events Beyond our Control
14.1 We will not be liable to you for any delay in delivering any services or order or breach of our obligations, if the delay or breach is due to acts of God, civil commotion, riots, malicious damage, floods, drought, fire, legislation, failure of ISP or telecommunications provider or other cause beyond our reasonable control. This does not affect your statutory rights.
15. Law, Courts and Language
15.1. These Terms, use of our Tool and the supply of products and services by us are governed by and to be interpreted in accordance with English law. In the event of any dispute arising in relation to these Terms, use of our websites or in relation to the supply of any products or services by us the English courts will have jurisdiction over the dispute. These Terms and this website are provided in the English language only.
If you have any questions relating to these Terms, please e-mail us direct at info@net-positive.org
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This document was last updated September 2013.
