These terms and conditions govern your use of our website and the ukactive Benchmarking service (hereafter referred to as 'the tool'). By using our website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, do not use our website, or tool.
Unless otherwise stated, we or our licensors own the intellectual property rights in the tool and material on the tool. Subject to the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the tool for your own use, subject to the restrictions below.
You must not:
(a) republish material and content from this tool (including republication on another website);
(b) sell, rent or otherwise sub-license material on the tool;
(c) reproduce, duplicate, copy or otherwise exploit material on our tool for a commercial purpose;
(c) edit or otherwise modify any material on the tool; or
(d) redistribute material from this tool, except for content specifically and expressly made available for redistribution
Where content is specifically made available for redistribution, it may only be redistributed to the extent agreed by us.
We may take such action as we deem appropriate to deal with the inappropriate use of the tool, this includes suspending or cancelling your account, restricting your access to our tool, or commencing legal proceedings against you.
You acknowledge that it would be unreasonable to hold us liable in respect of this tool and the information on this tool.
Whilst we endeavour to ensure that the information on this tool is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the tool remains available or that the material on the tool is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).
Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct or indirect loss or damage arising under these terms and conditions or in connection with our tool, whether arising in tort, contract, or otherwise. Without limiting the generality of the foregoing exclusion, we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under terms and conditions or in connection with our tool, whether direct or indirect, and whether arising in tort, contract, or otherwise.
However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
Access to certain areas of our tool is restricted. We reserve the right to restrict access to other areas of our tool, or indeed our whole tool, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of our tool or other content or services, you must ensure that that user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password.
We may disable your user ID and password at our sole discretion or if you breach any of the policies or terms governing your use of our tool or any other contractual obligation you owe to us.
You must not use our tool in any way that causes, or may cause, damage to the tool or impairment of the availability or accessibility of the tool.
You must not use our tool in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our tool for any purposes related to marketing without our express written consent.
You must not use our tool to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under English and other applicable law. All material you copy, publish or send via our tool must not be purposefully incorrect, defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person's intellectual property rights or rights of confidence, impinge upon any person's privacy, or constitute incitement to commit a crime; further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.
We reserve the right to edit or remove any material posted upon our tool.
We may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to our tool, or commencing legal proceedings against you.
In respect of all material that you post on our tool, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-licence such rights.
We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version.
This notice will be governed by and construed in accordance with English law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England.
Our VAT number is 524 9490 28
The full name of our company is ukactive. [We are registered in [England & Wales] under registration number 2589328. Our registered address is Castlewood House, 77-91 New Oxford Street.
You can contact us by email to firstname.lastname@example.org
These terms and conditions are based on a template created and distributed by www.website-law.co.uk
We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.
We may collect, store and use the following kinds of personal data:
(a) information about your computer and about your visits to and use of this website, such as your IP address, geographical location, browser type, referral source, length of visit and number of page views;
(b) information relating to any transactions carried out between you and us on or in relation to this tool, including information relating to any purchases you make of our goods or services or the use of ukactive member benefits.
(c) information that you provide to us for the purpose of using our tool services, email notifications and/or newsletters (including name, address, contact phone number, e-mail and fax);
(d) any other information that you choose to send to us;
We may use your personal information to:
(a) administer the tool;
(b) improve your browsing experience by personalising the tool;
(c) enable your use of the services available on the tool;
(d) send to you goods purchased via the tool, and supply to you services purchased via the tool;
(e) send statements and invoices to you, and collect payments from you;
(f) send you general (non-marketing) commercial communications;
(g) send you email notifications which you have specifically requested;
(h) send to you our newsletter and other marketing communications (relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications to be sent by emailing us at email@example.com;
(i) deal with enquiries and complaints made by or about you relating to the tool;
(a) to the extent that we are required to do so by law;
(b) in connection with any legal proceedings or prospective legal proceedings;
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); and
We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
You are responsible for keeping your password and user details confidential. We will not ask you for your password.
The benchmarking tool is a web based system that stores data within a secure database.
All data submitted either via web forms, by spreadsheet or by the proposed API is transmitted to the server via SSL (Secure Sockets Layer - https). This encrypts at 128bit strength and a TLS 1.2. connection. All information viewed in chart format or delivered by html / spreadsheet is also covered under this SSL encryption.
Database content is stored in an encrypted format. No data can be read from the database in isolation without being decrypted by the benchmarking module. Complex user passwords are utilised and are not stored in the system database. This requires that password reset procedures are used in the event of a lost or forgotten password. Multiple failed login attempts are logged and blocked.
All data submitted by operators and sites is encapsulated to ensure that only the data owner can view the full information uploaded and other operators and sites can only view cohort data in a non-identifiable manner.
Nightly database backups are made and stored in a secure location.
You may instruct us to provide you with any personal information we hold about you. Provision of such information may be subject to the payment of a fee (currently fixed at £10.00).
You may instruct us not to process your personal data for marketing purposes by email to firstname.lastname@example.org any time. (In practice, you will usually either expressly agree in advance to our use of your personal data for marketing purposes, or we will provide you with an opportunity to opt-out of the use of your personal data for marketing purposes.)
The tool contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.
Please let us know if the personal information which we hold about you needs to be corrected or updated.
© 2018 ukactive | Terms & Conditions