1. General Terms & Conditions
1.1. These terms and conditions (“Terms”), together with any documents referred to, apply to your use of the website located at www.localofferwirral.org (“LOW”), whether as a user, guest or other visitor (in each case a “User”) or as a Service Provider.
1.2. For the purposes of these Terms “use” of LOW includes accessing, browsing, registering to use, or using the services offered via LOW (or attempting to do any of the aforesaid activities).
1.4. BY USING LOW, YOU CONFIRM THAT YOU ACCEPT THESE TERMS AND THAT YOU AGREE TO COMPLY WITH THEM AND ANY OTHER TERMS AND POLICIES REFERRED TO WITHIN THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE LOW.
1.6. The use of LOW by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use LOW that they communicate with their children about their safety online, ensure that they are made aware of the potential risks to them and supervise their use of LOW.
2. Nature of LOW
2.1. LOW is a website operated by Community Action Wirral (“we” and/or “us”). Community Action Wirral is a company limited by guarantee registered in the United Kingdom with registration no 06276431 whose registered office is at 224 Liscard Road, Wallasey, Merseyside CH44 5TN and a registered charity (no. 1123267).
2.2. LOW is an online information resource for education, training, leisure activities, support groups, wellbeing, health and social care services which are accessible by residents of the Metropolitan Borough of Wirral, in particular for children and young people (0-25 years old) with special educational needs and/or a disability and their families (“LOW Services”). LOW is intended to bring all the information in one place and make the information clear, comprehensive and accessible and to make service provision more responsive to local needs. LOW is intended to be developed and reviewed by service providers and service users and much of the content on LOW is created and generated by them. LOW allows providers of LOW Services (“Service Providers”) who register via LOW to provide information about and promote LOW Services to health & social care commissioners, intermediaries and members of the public. Users of LOW may also use LOW to provide feedback on these LOW Services.
2.3. Service Providers are advised to refer to the Guidance Notes for Service Providers for an overview of the range of services offered to Service Providers via LOW.
2.4. For the avoidance of doubt, we do not provide the LOW Services which are listed on LOW and we do not and will not check their fitness for purpose, effectiveness, quality, legality or safety. The listing of a LOW Service on LOW therefore does not imply or constitute any warranty by us as to fitness for purpose, effectiveness, quality, legality or safety of the LOW Services. Accordingly, the listing of LOW Services on LOW should not be construed or implied as a recommendation or endorsement of or connection with the LOW Services and the respective Service Providers.
3. Contributions and Content Standards
3.1. By accessing and/or using LOW, whether as User or as a Service Provider, you agree, warrant and represent that any and all material (including, but not limited to LOW Service Listings, Feedback, Feedback Responses or other data, text, photographs, graphics and video) which you contribute, list, post or upload to LOW and to any interactive services associated with it (“Contributions”) will comply with the following content standards set out in this clause 3.1 (“Content Standards”):
3.1.1. Contributions must:
220.127.116.11. be accurate (where they state facts);
18.104.22.168. be honest and genuinely held (where they state opinions); and
22.214.171.124. comply with applicable law in the UK.
3.1.2. Contributions must not:
126.96.36.199. contain any material which is defamatory of any person;
188.8.131.52. contain or promote any material which is obscene, offensive, hateful or inflammatory;
184.108.40.206. contain or promote “adult” content (including anything we reasonably believe would be inappropriate for Users under the age of 16 because of references to sex, violence, drug-use or obscene language);
220.127.116.11. promote violence;
18.104.22.168. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
22.214.171.124. infringe any copyright, database right, trade mark or any other intellectual property rights of any third party;
126.96.36.199. be likely to deceive any person;
188.8.131.52. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
184.108.40.206. advocate, promote or assist any unlawful or illegal activity;
220.127.116.11. be threatening, or abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
18.104.22.168. be likely to harass, upset, embarrass, alarm or annoy any other person;
22.214.171.124. be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
126.96.36.199. give the impression that they emanate from us, if this is not the case;
188.8.131.52. be used to “spam” Users or Service Providers or send unsolicited commercial communications or harvest personal data about them (including email addresses) or the purposes of data mining or scraping; or
184.108.40.206. promote gambling or any raffle, lottery or other promotional offer (except, in the case of Service Providers, where this relates to their LOW Service).
3.3. In addition, Users and Service Providers must not send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards.
3.4. Users and Service Providers must comply with the spirit of the Content Standards as well as the letter. The Content Standards apply to each part of any Contribution as well as to its whole.
3.5. Whenever you make use of a feature that allows you to upload material to LOW, or to make contact with Service Providers or other Users of LOW, you must comply with the Content Standards.
3.6. You must not misuse LOW 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 LOW, the server on which LOW is stored or any server, computer or database connected to LOW. You must not attack LOW 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 will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use LOW will cease immediately.
4. Additional terms for Users of LOW
4.1. This clause 4 applies to you if you are a User of LOW.
4.2. You may use LOW to provide written feedback about the nature and quality of the LOW Services featured on LOW (“Feedback”), provided that:
4.2.1. such Feedback is in accordance with clause 3;
4.2.2. you have used and/or experienced first-hand the relevant LOW Service; and
4.2.3. you have sought to fully resolve any dispute relating to the LOW Service and/or the relevant Service Provider directly with the Service Provider.
4.3. The relevant Service Provider will be notified by e-mail that Feedback relating to their LOW Service has been posted. The Service Provider will then have the option to submit a Feedback Response.
4.4. You will always remain the owner of any Feedback which you create on, or upload or post to, LOW. However, we need to have the right to use your Feedback in certain ways to operate and promote LOW. Accordingly, you grant us an irrevocable, perpetual, royalty free licence to use, reproduce, publish, create, modify, amend, reformat, create derivative works from and display any Feedback which you create on, or post or upload to, LOW in our absolute discretion for all purposes reasonably necessary and in any manner, form and/or medium whatsoever to:
4.4.1. allow us to operate, promote and advertise LOW and Community Action Wirral (including, but not limited to reproducing it on other sites and blogs (subject to ensuring that it is attributed to you);
4.4.2. share it (but not your personal data) with other providers of similar services;
4.4.3. correct spelling, grammar or formatting in order to ensure that content on LOW is professional and consistent in appearance;
4.4.4. ensure compliance with the Content Standards; and
4.4.5. allow the efficient operation of LOW (including, but not limited to the addition of keywords, tags and category information).
4.5. Any contract, agreement or arrangement for the provision of any LOW Services which you enter into (whether as a result of identifying the LOW Services through LOW or otherwise) will be made between you and the relevant Service Provider and we will not be party to it. The Service Provider is responsible for provision of the relevant LOW Services and any issues or problems with such LOW Services should be directed to the relevant Service Provider.
4.6. You (and any person who you refer to a LOW Service) should always consult your/their medical practitioner and other relevant healthcare professionals before using any LOW Service or if you/they believe that you/they may have a medical issue which you/they seek to address by using a LOW Service.
5. Additional terms and obligations for Service Providers
5.1. This clause 5 applies to you if you are a Service Provider.
5.2. In order to list information about and to promote your LOW Services, your details must be registered with us and you must be granted an online account “Service Provider Account” by us. You are advised to refer to the Guidance Notes for Service Providers for technical guidance relating to the registration process.
5.3. By applying and/or registering for a Service Provider Account, you confirm, warrant and represent that you have provided full, complete and accurate information. In the event that you provide incomplete and/or inaccurate information, we reserve the right to complete your registration details on your behalf using information available to us in relation to you and your LOW Service.
5.4. We are under no obligation to accept applications for Service Provider Accounts and we reserve the right, in our absolute discretion, for any reason whatsoever and without liability, to refuse to provide a Service Provider Account to you.
5.5. You may only apply for a Service Provider Account if you are authorised to accept these Terms on behalf of the relevant Service Provider. By submitting such an application, you confirm that you have sought necessary approval from the Service Provider and that you have the authority and intention to legally bind the Service Provider.
5.6. If you have been granted a Service Provider Account, you may create, upload or post data, text, photographs, graphics, video and other materials promoting LOW Services (“LOW Service Listings”) via LOW.
5.7. Where you have not created a LOW Service Listing, or where we consider your LOW Service Listing to be incomplete, we may draft or amend the LOW Service Listing based on information available to us in relation to you and your LOW Service. Where this is the case, we will send you our suggested LOW Service Listing by e-mail for your approval. You agree that, unless we hear from you to the contrary within five working days of the e-mail, we will assume that you approve of and accept the LOW Service Listing and you agree that this will be published on LOW.
5.8. Following registration, you will be sent a unique password to access your Service Provider Account and will have the option to amend your password at any time. You must treat such information as confidential, and must not disclose it to any third party. If you know or have reason to suspect that someone else knows your password you should change it immediately and notify us at [email protected] We have the right to disable any username or password, whether chosen by you or allocated by us, or suspend your Service Provider Account at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
5.9. You agree, represent and warrant that:
5.9.1. you will only offer or promote LOW Services on LOW which promote education, training, leisure activities, support groups, wellbeing (in its broadest sense), health care or social care services in particular for children and young people with special educational needs and/or a disability and their families;
5.9.2. you will only offer LOW Services which can be accessed by residents of the Metropolitan Borough of Wirral;
5.9.3. your provision of the LOW Service is permitted by law in the United Kingdom and is not subject to any restrictions;
5.9.4. to the best of your knowledge and belief the LOW Service is safe and effective and complies with all relevant safety and regulatory standards including without limitation;
5.9.5. all necessary Disclosure and Barring Service checks have been undertaken and that you have in place appropriate recruitment policies;
5.9.6. you are registered with and/or approved by any relevant governing or professional body which regulates the type of LOW Service(s) you are to provide;
5.9.7. you have in place public liability insurance with a limit of indemnity not less than that usually carried by providers of similar LOW Services and at least £2,000,000 (two million pounds);
5.9.8. the LOW Service Listing and the provision of the LOW Service does not infringe and is not likely to infringe the Intellectual property rights of any third party and does not constitute a breach of confidence, passing off or actionable act of unfair competition; and
5.9.9. you will comply with all laws and regulations which apply to any LOW Service listed by you on LOW including:
220.127.116.11. the Consumer Contracts Regulations 2013 (including information provision requirements and any relevant cooling-off period);
18.104.22.168. the General Product Safety Regulations 2005;
22.214.171.124. section 2(3) of the Consumer Protection Act 1987; and
126.96.36.199. any specific laws, regulations or safety standards in relation to the type of LOW Service offered.
5.10. You will be notified by e-mail when Feedback relating to your LOW Service has been posted. You will have the right to respond to any Feedback relating to your LOW Services by posting a response electronically via LOW (“Feedback Response”), provided that such a Feedback Response is in accordance with clause 3.
5.11. You must keep your details up to date so we can keep in touch with you. You will be in material breach of these Terms if your details are not kept up to date. If we are unable to contact you due to outdated, inaccurate or incomplete information, we reserve the right to suspend or terminate your Service Provider Account.
5.12. You will always remain the owner of any LOW Service Listings and Feedback Reponses which you create on, or upload or post to, LOW. However, we need to have the right to use your LOW Service Listings and Feedback Responses in certain ways to operate and promote LOW. Accordingly, you grant us an irrevocable, perpetual, royalty free licence to use, reproduce, publish, create, modify, amend, reformat, create derivative works from and display any LOW Service Listings and Feedback Responses which you create on, or post or upload to, LOW in our absolute discretion for all purposes reasonably necessary and in any manner, form and/or medium whatsoever to;
5.12.1. allow us to operate, promote and advertise LOW and Community Action Wirral (including, but not limited to reproducing it on other sites and blogs (subject to ensuring that it is attributed to you);
5.12.2. correct spelling, grammar or formatting in order to ensure that content on LOW is professional and consistent in appearance;
5.12.3. ensure compliance with the Content Standards; and
5.12.4. allow the efficient operation of LOW (including, but not limited to the addition of keywords, tags and category information).
6. Moderation and content removal
6.1. The views and opinions expressed by contributors to LOW are those of the individual authors of such Contributions and do not necessarily reflect the views and opinions held by us.
6.2. All Feedback is the sole responsibility of the User who creates, or uploads or posts such Feedback to LOW.
6.3. All LOW Service Listings and Feedback Responses are the sole responsibility of the Service Provider who creates on, or uploads or posts the same to LOW.
6.4. In order to allow for free, open, transparent and unbiased use of LOW by Users and Service Providers, we do not actively monitor or moderate Feedback and/or Feedback Responses created on, uploaded to or posted on LOW. Accordingly, by using LOW, Users and Service Providers acknowledge, accept and agree that we:
6.4.1. are not responsible for and do not act as a publisher or editor of Feedback, Feedback Responses or LOW Service Listings;
6.4.2. merely act as a conduit for the Feedback of Users and the Feedback Responses and LOW Service Listings of Service Providers;
6.4.3. cannot guarantee that Feedback, Feedback Responses or LOW Service Listings will not be misleading or deceptive or capable of harming your computer software or hardware; and
6.4.4. cannot and do not accept responsibility or liability for any loss, damage or harm you suffer as a result of your access to, use of any Feedback, Feedback Responses or LOW Service Listings or otherwise arising from or connected with the appearance of any Feedback or LOW Service Listings on LOW.
6.5. To ensure that LOW remains a safe and secure environment, Users and Service Providers may use the “Report Abuse” feature located on the relevant pages of LOW in order to report and/or notify us of any Feedback or Feedback Response which does not comply with the Content Standards.
6.6. The “Report Abuse” feature is not intended, and should not be used, to seek to remove negative or unfavourable Feedback relating to a Service Provider and/or their LOW Service which nevertheless complies with the Content Standards. Service Providers should use the Feedback Response feature to respond to negative or unfavourable Feedback.
6.7. If the “Report Abuse” feature is used, we will use reasonable endeavours to remove the relevant Feedback and/or Feedback Response (and any other Feedback and/or Feedback Response relating to the same) within a reasonable timeframe. Unless, within reasonable a time frame specified by us, the relevant complainant provides a full explanation as to why the Feedback or Feedback Response does not comply with the Content Standards and unless we agree (in our absolute discretion) that such Feedback or Feedback Response may not comply with the Content Standards, we reserve the right to reinstate the Feedback or Feedback Response (and any other Feedback and/or Feedback Response relating to the same) on LOW.
6.8. We reserve the right to remove any Service Provider, Listing or other Content or details that is deemed to be in breach of these Terms or otherwise inappropriate.
6.9. We reserve the right to report to relevant authorities and allegation raised by any third party, although to the fullest extent permitted by law we have no liability to any party in respect of any such allegations or any action or inaction by us.
6.10. Where a Feedback or Feedback Response is removed due to use of the “Report Abuse” feature, we reserve the right to, but are under no obligation to, contact the author of the Feedback and/or Feedback Response to:
6.10.1. notify the individual of the complaint;
6.10.2. inform the individual about the details of the complaint;
6.10.3. seek the views of the individual about the complaint (including whether its views as to whether the Feedback or Feedback Response breaches the Content Standards); and/or
6.10.4. to suggest that the author contacts the complainant directly where there appears to be an unresolved dispute or complaint relating to the relevant LOW Service.
6.11. If we, in our absolute discretion, consider that you have misused or abused the “Report Abuse” feature and/or if you have used the “Report Abuse” feature on three or more occasions on which the relevant Feedback or Feedback Response was determined by us to comply with the Content Standards, we may suspend or cancel your use of and/or access to LOW (which, in the case of a Service Provider, includes a suspension of your Service Provider Account) without liability.
7. Suspending or cancelling your access to LOW
7.1. We may suspend or cancel your use of and/or access to LOW (which, in the case of a Service Provider, this includes a suspension of their Service Provider Account) without liability if we reasonably believe that you have not and/or are not complying with these Terms. In such a case we reserve the right to remove and delete any Feedback, Feedback Response and/or LOW Service Listing which you have created, uploaded or posted to LOW and/or which otherwise relates to you.
7.2. Service Providers can delete their Service Provider Accounts at any time by using the “Delete my Account” function.
8. Intellectual Property
8.1. The content of LOW is protected by copyright, trade marks, database rights and other intellectual property rights. We are the owner or the licensee of all intellectual property rights in LOW, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
8.2. You may retrieve and display the content of LOW on a computer screen, mobile telephone or other electronic device, store it in electronic form for the purpose of using LOW or print one copy for your own personal, non-commercial use, provided you keep intact any copyright and proprietary notices.
8.3. You may not reproduce, modify, copy, distribute or use for commercial purposes any of the materials or content on LOW without our written permission except as allowed under clause 8.2 of these Terms.
8.4. Our status (and that of any identified contributors) as the authors of material on LOW must always be acknowledged.
By using LOW, you agree to indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by us arising out of or in connection with:
9.1. any breach of the warranties contained in these Terms;
9.2. any breach or negligent performance or non-performance of your obligations under these Terms; and/or
9.3. the enforcement of these Terms;
10. Our liability
10.1. LOW is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to LOW including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
10.2. We will use reasonable endeavours to verify the accuracy of any information which we provide on LOW but, we make no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of LOW or that it will be timely or error-free or that LOW or the server that makes it available are free of viruses or bugs.
10.3. To the extent permitted by law, we, and third parties connected to us, hereby expressly exclude:
10.3.1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
10.3.2. any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of LOW or to your downloading of any material posted on it, or on any website linked to it; and
10.3.3. any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with LOW or in connection with the use, inability to use, or results of the use of LOW, any websites linked to it and any materials posted on it, including:
10.3.3.1. loss of income or revenue;
10.3.3.2. loss of business;
10.3.3.3. loss of profits or contracts;
10.3.3.4. loss of anticipated savings;
10.3.3.5. loss of data;
10.3.3.6. loss of goodwill; and/or
10.3.3.7. wasted management or office time;
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
10.4. Notwithstanding the previous provisions of this clause 10, to the fullest extent permitted by law our entire liability to you or to any other party is limited to £100. You agree that as LOW is provided on a free to use basis this limitation of liability is necessary, appropriate and reasonable in order to allow us to operate the site.
10.5. You agree, warrant and represent that you will use your best endeavours to fully pursue any related claim that you may have against a User, Service Provider or any other third party (whether as a result of their use of LOW or any matter arising from the listing or provision of LOW Services) against that party directly and without recourse to us, prior to bringing any claim against us.
10.6. This clause 10 does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
11. Availability of LOW
We aim to offer you the best service possible, but we cannot promise that the services at LOW will meet your requirements or that LOW will be available at all times and/or will be fault-free. Your access to LOW may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can. If a fault occurs with LOW you should report it to [email protected] and we will try to fix it as soon as we can.
12. Links to and from LOW
12.1. You may link to the homepage of LOW from a website owned by you provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not link in a way (including the anchor text of any link) which suggests any approval on our part or association with LOW. We reserve the right to withdraw linking permission without notice for any reason whatsoever.
12.2. As a convenience to you, LOW may include links to other web sites or material which are beyond our control. We are not responsible for content on any site outside LOW.
13.1. LOW may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on LOW complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in such advertising and sponsorship material.
13.2. We may update these Terms from time to time for legal or regulatory reasons or to allow the proper operation of LOW. Any changes will be notified to you using the e-mail address provided by you on registration, by a suitable announcement on LOW or by another form of direct notification to you. The changes will apply to the use of LOW immediately upon giving you notice. If you do not wish to accept the new Terms you should not continue to use LOW. If you continue to use LOW after the date on which the change comes into effect, your use of LOW indicates your agreement to be bound by the new Terms.
13.3. Accessing LOW from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Site from locations outside the United Kingdom, you are responsible for compliance with local laws.
13.4. A party who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms. However, this shall not affect any right or remedy existing or available other than pursuant to that Act.
13.5. You may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under these Terms. We may assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of our rights and obligations under these Terms where we reasonably believe your rights will not be affected.
13.6. If you breach these Terms and we delay or fail to exercise any right or remedy in relation to such breach, this shall not constitute a waiver of that right or any other remedy and shall not restrict the further exercise of that or any other right or remedy in relation to such breach or any other breach.
13.7. We shall not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.
13.8. The English courts will have exclusive jurisdiction over any claim arising from, or related to your use of LOW. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
13.9. If you have any queries or concerns about these Terms or about LOW please contact us at the address below or using [email protected]