User Terms and Conditions
YOUR SUPPORT YOUR WAY GLASGOW — PORTAL USER TERMS
Welcome to our Portal.
If you are a Provider who wishes to list details of your Provider Services on the Portal, you will, in addition, be required to accept our Provider Terms.
All capitalised terms used in these Terms shall have the meanings set out in Condition 1 (Definitions) below or in the text of these Terms.1 DEFINITIONS
In these Terms (as defined below) the following words shall have the following meanings:
'Account' means an online account you maycreate to access the registered section of the Portal;
'Account Details' means your username and password for access to your Account and any other details that you supply to us to create your Account;
'Condition' means a condition in the Terms and any reference to a 'Condition' shall be construed accordingly;
'Materials' means any information, advice,commentary, suggestion or other materials published by us on the Portal orprovided by us in connection with the Online Services, including the Provider Information;
'Online Services' means the services detailed in Condition 3,which we offer to you on the Portal;
'Online Provider Services' means the services we offer to Providers in relation to listing details of the Provider Services on the Portal, which are more particularly described in the Provider Terms;
'Portal' means the Your Support Your Way Glasgow online portal operated by us at www.yoursupportglasgow.org;
'Provider' means the company, organisation orperson responsible for making available and delivering the Provider Services;
'Provider Information' means information about Providers, including but not limited to: (i) details of the Provider Services; and (ii) the contact details of the Providers;
'Provider Services' means the social care related services supplied by the Providers and listed on the Portalon behalf of the Providers;
'Provider Terms' means the separate terms and conditions that govern provision of the Online Provider Services and such terms and conditions apply to all Providers;
'Services IP' means all intellectual property rights in: (i) the Online Services; (ii) the Portal; and(iii) the Materials;
'Terms'means these terms and conditions;
'User' or 'you' means you, a browser and/or user of the Portal, whether you are an individual or a Provider; and
'we' or 'us' means SOCIAL WORK SERVICES, being a department of GLASGOW CITY COUNCIL, a local authority incorporated under the Local Government etc. (Scotland) Act 1994 having its principal office at City Chambers, George Square, Glasgow G2 1DU.
2 APPLICATION OF THE TERMS
2.1 These Terms relate solely to the provision of the Online Services to you and are the legal terms and conditions on which we make access to the Online Services available to you.
2.2 You acknowledge and agree that we are operating and administering the Portal solely on an information only basis ('shop window') in relation to the non-exclusive display of Provider Information. We are not making any recommendations or providing any assurances to you in relation to the Providers or the standard of the Provider Services.
2.3 We may amend these Terms from time to time. Every time you wish to use the Online Services, please check these Terms to ensure that you understand the terms which will apply at that time.
3 THE ONLINE SERVICES
3.1 The Online Services shall include:
3.1.1 making the Portal available for use;
3.1.2 the listing of and access to the Provider Information;
3.1.3 giving you the ability to view and search the Provider Information and the other information referred to in Condition 3.1.6;
3.1.4 giving you the ability to register for and create an Account;
3.1.5 giving you the ability to log in to, store and save information in your Account, including but not limited to, saving particular Provider Information to MyPad to be accessed by you at a later date; and
3.1.6 the provision of general information and guidance on other services and matters related to social care.
3.2 We reserve the right in our absolute discretion to vary the Online Services and to suspend, terminate or remove your Account from the Portal.
4 YOUR WARRANTIES
4.1 By using the Online Services, you warrant that:
4.1.1 you have all the necessary permissions, consents and legal authority to use the Online Services;
4.1.2 you will use the Portal in accordance with: (i) these Terms; (ii) any code of practice issued by us;(iii) all applicable laws; and (iv) any other policy or guidance issued by us from time to time;
4.1.3 your use of the Online Services will not infringe the Services IP or any applicable laws,regulations or third party rights and any material or information that you submit to us via the Portal shall not include material or information which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous or breach any third party intellectual property rights; and
4.1.4 except as permitted under applicable law, you will not use, copy, translate, publish, licence or sell the Portal or any Materials or information on the Portal or the structure, overall style and program code of the Portal, without our consent, or except as permitted under these Terms.
4.2 If you register for an Account, you will:
4.2.1 keep your username and password confidential;
4.2.2 be deemed to be responsible for all activity in relation to your Account carried out under your username and password; and
4.2.3 use best efforts to keep us updated at all times in relation to all of your details, including without limitation, any change to your Account Details or your contact details.
5 AVAILABILITY OF THE ONLINE SERVICES
5.1 Whilst we shall endeavour to ensure that the Online Services are normally available 24 hours a day, we shall not be liable if, for any reason, the Portal or the Online Services are unavailable at any time or for any period. As such, we do not guarantee that the Portal or the Online Services will be uninterrupted, complete, error free, reliable or on time.
5.2 We reserve all rights to make changes to the Online Services. Any new features or changes to the current Online Services shall be subject to these Terms. We may delete, add or change any or all of the features and Online Services provided at any time and, if unavoidable, without warning.
6 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
6.1 You agree that your use of and access to the Online Services is at your sole risk.
6.2 To the fullest extent permitted by law, we do not warrant the accuracy of the Materials.
6.3 You understand that any Materials downloaded or obtained are at your own discretion and risk and that you are solely responsible for any consequential damage to your computer or its system and/or any resulting loss of information or data from such action.
6.4 To the fullest extent permitted by law, we do not warrant and we exclude all liability for the accuracy, the standard, description, frequency, delivery or implementation of the Provider Services, or any other services referred to in the Materials, and we have not tested, reviewed nor appraised such Provider Services or such other services for the purpose of providing the Online Services.
6.5 The Materials are provided 'as is', without any conditions, warranties or other terms of any kind. To the fullest extent permitted by law, we provide you with the Online Services and the Materials, on the basis that we exclude all representations, warranties, conditions and other terms which, but for this Condition 6.5 might have effect in relation to the Online Services and the Materials.
6.6 The Materials are not intended by us to amount to any advice or any recommendation on which reliance should be placed and, for the avoidance of doubt, the Materials do not represent any preference for nor recommendation by us for any of the Provider Services. We therefore disclaim all liability and responsibility arising from any reliance placed on the Materials by you or by anyone who may be informed of any of the Materials.
6.7 Subject to Condition 6.8, we and our employees, representatives and agents exclude all liability and responsibility for any amount or kind of loss or damage that may result to you, and/or a third party in connection with the Online Services, including without limitation loss or damage arising from:
6.7.1 the use, inability to use or the results of use of the Online Services, any websites linked to the Portal or the material on such websites; or
6.7.2 access to and use of the Online Services, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to or use of the Portal and/or the Online Services; or
6.7.3 your downloading of any Materials or any other material provided via the Portal and/or the Online Services.
6.8 Nothing in these Terms shall exclude or limit our or your liability for:
6.8.1 death or personal injury caused by our or your negligence; or
6.8.2 any matter for which it would be illegal for us or you to exclude, or attempt to exclude, liability.
6.9 We are not responsible for indirect losses such as those described in Condition 6.10 which occur subsequent to the main loss or damage.
6.10 Indirect losses referred to in Condition 6.9 shall include loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by delict (including negligence), breach of contract or otherwise, even if foreseeable.
6.11 If your use of the Materials or the Online Services results in the need for the servicing, repair or correction of your equipment, software or data, you shall assume all costs thereof.
7 INTELLECTUAL PROPERTY RIGHTS
7.1 We are the owner or the licensee of the Services IP. The Services IP is protected by applicable intellectual property laws around the world and we reserve all such rights in and to the Services IP. Save as expressly provided for in these Terms, use of the Services IP by you shall not be deemed to constitute, by implication or otherwise, the grant of any licence, title or right (including intellectual property right) in such Services IP other than the limited right to use such Services IP for the purpose of using the Online Services in accordance with these Terms.
7.2 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.
7.3 Our status (and that of any identified contributors) as the authors of the Materials on the Portal must always be acknowledged.
7.4 You must not use any part of the Materials on the Portal for commercial purposes without obtaining alicence to do so from us or our licensors.
7.5 If you copy or download any part of the Portal in breach of these Terms, your right to use the Portal will cease immediately and you must, at our option, return or destroy any copies of the Materials you have made.
8 PROHIBITED USES
8.1 You may use the Portal only for lawful purposes. You may not use the Portal:
8.1.1 in any way that breaches any applicable local, national or international law or regulation;
8.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
8.1.3 for the purpose of harming or attempting to harm any individual in any way;
8.1.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Terms or any other policy or guidance issued by us from time to time;
8.1.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation ('spam'); or
8.1.6 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 programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
8.2 You also agree not to access without authority, interfere with, damage or disrupt:
8.2.1 any part of the Portal;
8.2.2 any equipment or network on which the Portal is stored;
8.2.3 any software used in the provision of the Portal; or
8.2.4 any equipment or network or software owned or used by any third party.
9 EXTERNAL LINKS AND ENDORSEMENTS
9.1 We may provide links to other websites or resources from time to time whilst providing the Online Services or on the Portal ('the Links'). We provide these Links solely as a convenience to you. Please note that:
9.1.1 the Links are not recommendations by us and have not necessarily been visited and/or tested by us. We accept no responsibility for the content of website(s) accessible from the Links; and
9.1.2 we shall have no responsibility or liability for any damage, accident or loss experienced by you upon visiting such websites accessible from the Links. If you access any Link or visit any website accessible from such Links you acknowledge that you do so at your own risk.
10 CONFIDENTIALITY AND INFORMATION
We are a public authority and subject to the Freedom of Information (Scotland) Act 2002 and the Environmental Information (Scotland) Regulations 2004. Any information (including, without limitation, any confidential information) submitted by you to us may need to be disclosed and/or published by us in compliance with that Act or those Regulations and in those circumstances we shall not be liable to you for any decision to publish or withhold any information relating to you.
11.1 If we fail, at any time, to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
11.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
11.3 No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, Condition or provision will, to that extent be severed from the remaining terms, Conditions and provisions which will continue to be valid to the fullest extent permitted by law.
13 ENTIRE AGREEMENT
These Terms and any document expressly referred to in them, represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
14 LAW AND JURISDICTION
These Terms and the provision of the Portal are governed by Scots law. Any dispute arising from, or related to, these Terms shall be subject to the exclusive jurisdiction of the courts of Scotland.
15 YOUR CONCERNS
If you have any concerns about the Materials which appear on the Portal, please contact SW_YSYWG_projectteam@glasgow.gov.uk.