This version: 1.0 Version date: 01/09/2020
What’s in these terms?
- This page (together with the documents referred to in it) sets out the terms and conditions that apply to your use of the website www.discflow.co including your environment and any related sub-domains (“the website”), whether as a guest or a registered user.
- By using the website, you accept these terms.
- 3 . www.discflow.co is a website operated under licence to The Profiles Group Ltd (“We”). The Profiles Group Ltd is Registered in England & Wales; No. 06528656. Our registered office is located at 30 Victoria Avenue, Harrogate, HG1 5PR, United Kingdom.
- We may update and change the website from time to time to reflect changes to our solutions, services, deliverables, users’ needs and our priorities. We will try to give you reasonable notice of any significant changes. Other terms that may apply to you
- Certain additional terms also apply to your use of the website, namely the provisions of any cookies and/or privacy notice we publish on the website.
- If you purchase goods or services from us, our standard terms and conditions will apply. We may suspend, amend, or withdraw the website
- We reserve the right to remove, suspend or amend the website or any service we provide on the website without notice for business and operational reasons.
- From time to time, we may restrict access to some parts of the website, or our entire website, to users who have registered with us.
- We will have no liability or responsibility if for any reason the website is unavailable at any time or for any period.
- We will try to give reasonable notice of any suspension or withdrawal.
- If you choose, or you are provided with, an identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party.
- If you know or suspect that anyone other than you knows your identification code or password, you must promptly notify us at firstname.lastname@example.org.
- If you are registered as a business user of the website, you represent and warrant that you (the individual doing so) have the authority to act on behalf of and to bind the relevant legal entity.
Transactions concluded through the website
- Nothing in this website is intended as a contractual offer for the provision of our goods or services capable of acceptance by you as principal or agent. Any transactions started via the website represent an offer by you to transact on our terms, such offer only being accepted if subsequently confirmed by us in the manner indicated in the relevant part of the website. This will usually be by a confirmation email.
Cancelling your registration as a user
- You can cancel your registration as a user of the website at any time, but this will not affect your obligations concerning any services or information you have already received. Intellectual property rights
- We are the owner or licensee of all intellectual property rights in the website and the material published on it. Those works are protected by copyright, trademark and other laws around the world. All such rights are reserved.
- You may print off one copy and may download extracts, of any page(s) from the website for your personal use. You may draw the attention of others within your organisation to material posted on the website.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of content on the website must always be acknowledged.
Content of the website
- The content on the website is provided for general information only. Commentary and other materials posted on the website are not intended to amount to advice on which you should rely. We will have no liability or responsibility for any reliance placed on such materials by any visitor to the website or by anyone informed of any of its contents.
- You must not act or refrain from acting based on any information you obtain from the website unless you have received professional or specialist advice from a suitably qualified individual.
- Although we make reasonable efforts to update the information on the website, we make no representations, warranties or guarantees, whether express or implied, that the content on the website is accurate, complete or up to date.
- If you have any concerns or questions about material which appears on the website, please contact email@example.com
Our responsibility for loss or damage suffered by you
- Where you obtain solutions, services and/or deliverables from us, the supply of such solutions, services and/ or deliverables is subject to our standard terms and conditions, which may contain different limitations and exclusions of liability and which supersede the terms set out below insofar as any liability arising out of the supply of such solutions, services and/or deliverables is concerned.
- None of the below excludes or limits our liability for death or personal injury arising from our negligence, nor for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability where it would be unlawful to do so.
- No agency, partnership, joint venture, employment relationship or franchise relationship is intended or created between you and us as a result of your use of the website or by you entering into any contract to buy our solutions, services and/or deliverables.
- If you are a business user:
(a) To the extent permitted by law, we expressly exclude all implied conditions, warranties and other terms which might otherwise apply to the website or any content on it.
(b) We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the website; or
- use of or reliance on any content displayed on the website.
(c) In particular, we will not be liable for any of the following (in each case whether direct, indirect or otherwise):
- loss of income, sales, revenue, business, profits;
- loss of anticipated savings;
- loss of or corruption to data;
- loss of goodwill; business opportunity or reputation; or
- wasted management or office time. (d) We will not be liable for any indirect or consequential loss or damage.
- If you are a consumer using the website in your personal (not business) capacity:
(a) Please note that we only provide the website for domestic and private use. You agree not to use the website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
(c) If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
How we may use your personal information
- We will only use your personal data, and the personal information of any other person that you may supply to us as set out in our privacy notice.
Acceptable use of the website
- You may use the website only for lawful purposes. You may not use the website:
(a) in any way that breaches any applicable law or regulation;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) to harm or attempt to harm minors in any way;
(d) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in paragraphs 41-45 below;
(e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
(f) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programmes or similar computer code designed to affect the operation of any computer software or hardware adversely.
- You also agree:
(a) unless otherwise agreed, not to reproduce, duplicate, copy or re-sell any part of the website;
(b) not to access without authority, interfere with, damage or disrupt:
- any part of the website;
- any equipment or network on which the website is stored;
- any software used in the provision of the website; or
- any equipment or network or software owned or used by any third party.
- The following content standards in paragraphs 43 and 44 below (“Content Standards”) apply to any and all material which you contribute to the website (“Contribution”), and to any interactive services associated with it.
- The Content Standards must be complied with in spirit as well as to the letter. The Content Standards apply to each part of any Contribution as well as to its whole. We will determine, in our discretion, whether a Contribution breaches the Content Standards.
- A Contribution must:
(a) be accurate (where it states facts);
(b) be genuinely held (where it expresses opinions); and
(c) comply with the law applicable in England and Wales and in any country from which it is posted.
- A Contribution must not:
(a) be defamatory of any person;
(b) be obscene, offensive, hateful or inflammatory;
(c) promote sexually explicit material;
(d) promote violence;
(e) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(f) infringe any copyright, database right or trademark of any other person;
(g) be likely to deceive any person;
(h) breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(i) promote any illegal activity;
(j) be in contempt of court;
(k) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
(l) be likely to harass, upset, embarrass, alarm or annoy any other person;
(m) impersonate any person, or misrepresent your identity or affiliation with any person;
(n) give the impression that the Contribution emanates from us if this is not the case;
(o) advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse; or
(p) contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducements to the commission, preparation or instigation of acts of terrorism.
- You are solely responsible for securing and backing up your content, including any Contribution.
Breach of acceptable use policy
- When we consider that a breach of the acceptable use policy set out in paragraphs 39-45 above (“Acceptable Use Policy”) has occurred, this will constitute a material breach of these terms. We may take such action as we deem appropriate, including all or any of the following steps:
(a) immediate, temporary or permanent withdrawal of your right to use the website;
(b) immediate, temporary or permanent removal of any Contribution uploaded by you to the website;
(c) issue of a warning to you;
(d) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(e) further legal action against you; and/or
(f) disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
- You warrant that any Contribution complies with the Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
- We have the right to disclose your identity to any third party who is claiming that any Contribution constitutes a violation of their intellectual property rights or their right to privacy.
- We have the right to remove any Contribution if, in our opinion, the Contribution does not comply with the Acceptable Use Policy.
- We do not guarantee that the website will be secure or free from bugs or viruses.
- You are responsible for configuring your information technology, computer programmes and platform to access the website. You should use your own virus protection software.
- You must not misuse the website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the website, the server on which the website is stored or any server, computer or database connected to the website. You must not attack the website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and disclose your identity and relevant personal details to them. In the event of such a breach, your right to use the website will cease immediately.
Links to and from the website
- You may link to our home page provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it and does not suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link from any website that is not owned by you.
- The website must not be framed on any other website. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the Acceptable Use Policy set out above.
- If you wish to link to or make any use of the content on the website other than that set out above, please contact firstname.lastname@example.org.
- Where the website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and accept no liability or responsibility for them or any loss or damage arising from your use of them. Jurisdiction and applicable law