1. Our contract
By using Our Site You enter into a binding contract with Us on the following terms and conditions.
2. Our promises
2.1 We will permit You to access, use and interact with Our Site subject to these terms and conditions.
2.2 We will:
2.2.1 exercise reasonable care in compiling Our Site
2.2.2 use reasonable efforts to make Our Site available to You at most times
3. Your obligations
3.1 You must not use Our Site to send or receive any material which is:
3.1.1 threatening, defamatory, racist, offensive, abusive, indecent, obscene or in breach of any law, statutory requirement, regulation or other legal authority
3.1.2 contains any corrupt files, viruses, worms or other harmful or contaminating feature intended to disrupt, alter or otherwise adversely affect the operation of any equipment or service including but not limited to Our Site
3.1.3 in contravention of any requirement or instruction issued to You by Us
3.1.4 an advertisement of any kind, junk mail, a pyramid marketing scheme, spamming or flaming
3.2 Further, You must not:
3.2.1 attempt to gain unauthorised access to any part of Our Site or other computerised facility operated by Us
3.2.2 attempt to impersonate any individual, legal entity or otherwise whilst using Our Site.
4. Exclusions and limitations
4.1 We do not represent or warrant that access to Our Site, or any part of it will be uninterrupted, reliable or fault free.
4.2 We do not represent or warrant to You that Our Site or any of its contents will be accurate, complete or reliable.
4.3 To the fullest extent permitted by law, We exclude all liability (whether arising in contract, tort or otherwise and whether or not due to Our negligence) which We may otherwise have to You as a result of:
4.3.1 any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to Our Site or any information on Our Site;
4.3.2 the unavailability of Our Site (or any part of it), goods or services;
4.3.3 any delay in providing, or failure to provide or make available, goods or services or any negligent provision of goods or services;
4.3.4 any misrepresentation on or relating to Our Site, the goods or the services (other than a fraudulent misrepresentation made by Us or on Our behalf).
4.5 You agree that We shall have no liability for indirect or consequential losses, loss of data, income or profits or damages for loss of or damage to property.
4.6 You agree that each of these limitations is reasonable having regard to the nature of Our Site.
4.7 None of the exclusions or limitations in this clause 3 shall exclude or restrict Our liability for death or personal injury caused by Our negligence.
4.8 None of the above exclusions shall affect any statutory rights which are not capable of being excluded.
4.9 Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.
5. Links to other sites
Certain links, including hypertext links, in Our Site will take You outside our site. Links are provided for Your convenience and inclusion of any link does not imply endorsement or approval by Us of the linked site, its operator or its content. We are not responsible for the content of any website outside Our Site.
6. No commercial use
You agree that you will use Our Site only for Your personal purposes and that You shall not exploit Our site or any of its contents for any commercial purpose.
We reserve the right at any time without notice to revise the content of Our Site (including the services offered by Us) and these terms and conditions. Any changes to these terms and conditions will be posted on Our Site and by continuing to use Our Site following any such change You will signify that You agree to be bound by the revised terms and conditions of use.
7.2 The use of your information:
All rights in the design, text, graphics and other material on Our Site and the selection or arrangement thereof are the copyright of Us or other third parties. Permission is granted to electronically copy and print in hard copy portions of Our Site solely for your personal purposes. Any other use of materials on Our Site (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without Our prior written permission is strictly prohibited.
7.4 Trade marks:
Any trade marks, product names and company names or logos used in Our site are Our property or that of their respective owners. No permission is given by Us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holders rights.
We reserve the right in Our sole discretion to deny users access to Our Site or any part of Our Site without notice and to decline to provide the service to any user that is in breach of these terms and conditions of use.
7.6 Events beyond our control:
We shall not be liable to You for any breach of these terms and conditions of use or any failure to provide or delay in providing Our services through Our Site resulting from any event or circumstance beyond Our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire, explosion or accident.
7.7 Applicable law and jurisdiction:
These terms and conditions (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to them or their formation) shall be governed by and interpreted in accordance with English law and, for these purposes, the parties irrevocably submit to the exclusive jurisdiction of English courts.
The enforceability or otherwise of any provisions of these terms and conditions shall not affect the enforceability of the rest of these terms and conditions.
You agree that You shall indemnify Us and keep Us indemnified against any and all loss damage or liability (whether criminal or civil) suffered and legal costs incurred by Us resulting from any use of Our Site or from any breach of these terms and conditions by you.
In these terms and conditions:
8.1 'Our Site' means our presence on the Internet;
8.2 'Our', 'We' and 'Us' means Redcar & Cleveland Borough Council and, where applicable, its officers, employees and authorised agents; and
8.3 'You' and 'Your' include any business with which you are associated and on behalf of which you use our site ('Your business').