Website Terms and Conditions

1. These terms of use
   1. Our Website Terms and Conditions were last updated on 10th September 2021. By using our website, you confirm that you accept these terms and that you agree to comply with them. If you do not agree, you must not use our website.
   2. We keep our terms under regular review and may amend them from time to time without prior notification. Every time you wish to use our website, please check to ensure you understand the terms of use that apply at that time. Your continued access and use of our website following changes to our terms will mean that you unconditionally accept and agree to the latest version of our terms of use.
   3. Our Website Terms and Conditions refer to the following additional terms which also apply to your use of our website:
      • The London Borough of Bromley’s Privacy Policy: [INSERT LINK TO PRIVACY POLICY]; and
      • The London Borough of Bromley’s Cookies Policy: [INSERT LINK TO COOKIES POLICY].
   4. You are also responsible for ensuring that anyone who accesses our website through your internet connection are aware of these terms and any other applicable terms of use of our website, and that they comply with them.
   5. We recommend that you print a copy of these documents for future reference.

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2. Your account details
   1. You may request to create a personal account on our website that requires a username and password. All accounts are for the approval of the London Borough of Bromley.
   2. You must not use a false email address, pretend to be someone else, or otherwise mislead anyone as to the user of our website and services, or the origin of any comments you make on our website or submissions to the London Borough of Bromley.
   3. It is your responsibility to update your account details so that you are providing up to date, correct, complete, and accurate information.
   4. If we have reasonable grounds to suspect that any information is false, incomplete, or inaccurate, we have the right to suspend or terminate your registration.
   5. In the event that you choose or are provided with a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential.
   6. You are responsible for maintaining the confidentiality of your account and identification details. You agree to accept responsibility for all activities that occur under your account.
   7. You must not use any account or identification details that are not your own, nor may you authorise any other person to use your account or identification details, except where the account is set up for a company, partnership, or other business entity. In this case, there may be multiple authorised users including directors, officers, managers, or employees provided that the disclosure of the identification details is on a strictly need-to-know basis.
   8. If you know or ever suspect that anyone else knows your user identification code or password, you must promptly notify us.
   9. The London Borough of Bromley has the right to disable any user identification code or password (whether chosen by you or allocated by us) at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these terms.
   10. By creating a customer account, you consent to receive communications from the London Borough of Bromley by the email address provided.

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3. Personal and Confidential Information
   1. 3.1 The London Borough of Bromley may use confidential information in accordance with their privacy policy from time to time: [INSERT LINK TO PRIVACY POLICY].
   2. The London Borough of Bromley may use confidential information in accordance with their privacy policy from time to time: [INSERT LINK TO PRIVACY POLICY].
   3. If you send any submission (including, without limitation, contest entries, feedback, creative ideas, suggestions, proposals, plans, or other materials) to the London Borough of Bromley, whether at our request or without, you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium, submissions sent to us.
   4. We are under no obligation to respond to any submissions, maintain any submissions in confidence, or to pay compensation for any submissions.
   5. Any feedback you submit to the London Borough of Bromley does not create a professional relationship and does not create any privacy rights other than those described in our Privacy Policy or provided by law.
   6. All users of our website shall not, at any time during our service, and for a period of 5 years after, disclose to any person any input or pre-existing material such as information and documents, technical or commercial know-how, specifications, inventions, processes, or initiatives which are of a confidential nature, or any other confidential information concerning the discloser, their business, or service which the receiver may obtain in connection with our website.
   7. The London Borough of Bromley may disclose confidential information:
      • To employees, agents, consultants, or subcontractors on a strictly need-to-know basis, and shall ensure that they comply with these terms of confidentiality.
      • As may be required by law, a court of competent jurisdiction, or any governmental or regulatory authority.

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4. The content on our website
   1. The content on our website is provided for general information only and is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking or refraining from any action on the basis of the content on our website.
   2. Although we make reasonable efforts to update the information on our website, we make no representations, warranties, or guarantees (whether express or implied) that the content on our website is accurate, complete, or up to date.
   3. Our website may include information and materials uploaded and posted by other users who hold an approved account. Any views expressed by other users on our website are solely those of the respective authors and do not represent the London Borough of Bromley’s views or values.
   4. The London Borough of Bromley also cannot guarantee or make any endorsement or representations to the accuracy, validity, reliability, or honesty of user and third party generated content, and shall not be liable for or in connection with any errors or omissions in user or third party generated content, including loss or damage caused by your reliance on such content.
   5. Please contact us if you wish to complain about information and materials uploaded by other users.

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5. How you may use material on our website
   1. “Intellectual Property Rights” or “IPR“ means patents; utility models; rights to inventions; copyright, neighbouring, and related rights; trademarks and service marks; business names and domain names; rights in get-up and trade dress, goodwill, and the right to sue for passing off or for unfair competition; rights in designs; database rights; rights to use, and to protective confidentiality of, confidential information (including know-how and trade secrets); and all other intellectual property rights, in each case whether registered or unregistered, and including all applications and rights to apply for and be granted renewals or extensions of, and rights to claim priority from such rights and all similar or equivalent rights or forms of protection, which subsist or will subsist, now or in future, in any part of the world.
   2. The London Borough of Bromley shall own all Intellectual Property Rights which are existing or created in the provision of services. Nothing in our terms is intended to transfer any title, right, or interest in such Intellectual Property Rights to any other person or entity.
   3. We are the owner/licensee of all intellectual property rights in our website and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
   4. You may draw the attention of others to content posted on our website, provided that you do so in a fair, legal way that does not attack or damage our reputation, or take advantage of it.
   5. You may print one copy and download extracts of any pages from our website for your personal use, but you must not modify in any way the paper or digital copies of any materials you have printed or downloaded.
   6. You must not use any illustrations, photographs, graphics, or video or audio sequences separately from any accompanying text. The London Borough of Bromley’s status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.
   7. You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors.
   8. You are prohibited from using our website or any of its content: for any unlawful purpose; to solicit other to perform or participate in any unlawful acts; to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; to infringe upon or violate our intellectual property rights or the intellectual property rights of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; to submit false or misleading information; to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our service, any related site, or the internet; to collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl, or scrape; for any obscene or immoral purpose; or to interfere with or circumvent the security features of our service, any related site, or the internet.
   9. If you print, copy, download, or use any part of our website in breach of these terms, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

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6. Uploading content to our website
   1. You are solely responsible for any postings or comments you make on our website, and for their accuracy. We take no responsibility and assume no liability for any content uploaded or posted by you.
   2. You must not upload or post any prohibited content to our website (including, but not limited to, any content that is indecent, illegal, obscene, pornographic, threatening, offensive, libelous, defamatory, or otherwise objectionable). You also agree that your content does not violate the rights of any third party, including and without limitation, intellectual property rights, copyright, trademark, privacy, personality, or other personal or proprietary rights).
   3. Whenever you make use of a feature that allows you to upload or post content to our website, or to communicate with other users of our website, you must comply with the content standards set out in these terms and all other policies on our website.
   4. You warrant that any such contribution does comply with those standards, and that you will be liable to the London Borough of Bromley 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.
   5. The London Borough of Bromley has no obligation to monitor content but has the right to immediately remove any upload or posting you make on our website, and to cease your right to use our website if, in our opinion, your post does not comply with the content standards set out in these terms and all other policies on our website.
   6. Any content you share to our website will be considered non-confidential and non-proprietary.
   7. You retain all ownership rights in the content you share on our website, but you grant us an unlimited licence to use, store, and copy that content and to distribute and make it available to third parties.
   8. The London Borough of Bromley also has the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you constitutes a violation of their intellectual property rights, or of their right to privacy.
   9. Please be aware that you are solely responsible for securing and backing up your content.

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7. Safeguarding
   1. Though we take steps to provide a secure and safe website, we do not guarantee that our website will be secure or free from bugs or viruses, or other harmful components. We do not represent or warrant that our website is defect or error free, or that it will operate without interruption.
   2. You are responsible for installing your own virus protection software and configuring your information technology, computer programmes, and platform to access our website.
   3. You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful.
   4. You must not attempt to gain unauthorised access to our website; the server on which our website is stored; or any server, computer, or database connected to our website.
   5. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.
   6. 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 will co-operate by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
   7. Whilst the London Borough of Bromley aims to protect your information and prevent unauthorised access, no data transmission over the internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information which you transmit to us. Any information which you transmit to us is transmitted at your own risk. We are not responsible for the acts of those who gain unauthorised access.

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8. Linking to our website
   1. You may link to all pages of our website, provided you do so in a way that is fair, legal, and does not attack or damage our reputation, or take advantage of it.
   2. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.
   3. You must not frame our website or establish a link to our website in any site that is not owned by you.
   4. The London Borough of Bromley reserves the right to withdraw linking permission without notice.
   5. If you wish to link to or make any use of any content on our website, other than that set out above, please contact us.

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9. Third party links and connections
   1. Where our website contains links or other connections to other sites, applications, and resources provided by third parties, such links or connections are provided for your information only. These are not owned or operated by London Borough of Bromley and as such we have no control over the content of those sites or resources. The presence of such links or connections must not be interpreted as approval by us of those linked sites or the information you may obtain from them.
   2. You must make your own judgment regarding your interaction with any third-party links, sites, applications, or resources as using such content is at your own risk. The London Borough of Bromley shall not be held responsible or liable for sharing information about you, your actions on our website, or your customers account as a result of your use of such links. Complaints resulting from your use of third-party sites or applications should be directed to the respective third party.

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10. Liability
    1. Whether you are a consumer or a business user:
       • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors, and for fraud or fraudulent misrepresentation.
       • Different limitations and exclusions of liability will apply to liability arising as a result of the supply of the website.
    2. If you are a business user:
       • The London Borough of Bromley excludes all implied conditions, warranties, representations, or other terms that may apply to our website or any content on it.
       • 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 the use of or inability to use our website, or the use of or reliance on any content displayed on our website.
       • In particular, the London Borough of Bromley will not be liable for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings, business opportunity, goodwill, or reputation; or any indirect or consequential loss or damage.
    3. If you are a consumer user:
       • Please note, we only provide our website for domestic and private use. You agree not to use our website for any commercial or business purposes, and that we have no liability to you for any business interruption, loss of profit, loss of business, or loss of business opportunity.
    4. The London Borough of Bromley will not be liable to users of our website and service, whether in contract, tort, or restitution, or breach of statutory duty, or otherwise, for any:
       • Loss of profit.
       • Loss of goodwill.
       • Loss of business.
       • Loss of business opportunity.
       • Loss of anticipated saving.
       • Loss of corruption of data or information.
       • Loss of contracts.
       • Loss of use of money.
       • Loss of actual savings.
       • Loss of revenue.
       • Loss of reputation.
       • Ex gratia payments.
       • Loss of operation time.
       • Loss of opportunity.
       • Special, indirect, or consequential damage or loss suffered by the user, arising under or in connection with the use of our website.
    5. Nothing in these terms shall or shall not be deemed to relieve the user of any common law duty to mitigate any loss or damage incurred by it.

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11. We may make changes to our website
    1. We may update and change our website and modify its content from time to time to reflect changes to our services, our users’ needs, and our priorities, but have no obligation to do so except as required by law.
    2. We will try to give you reasonable notice of any major changes, but it is ultimately your responsibility to monitor changes to our website.

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12. We may suspend or withdraw our website
    1. Our website is made available free of charge. We do not guarantee that our website, or any of its content, will always be available or be uninterrupted. We may suspend, withdraw, or restrict the availability of all or any part of our website for maintenance and operational reasons.

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13. Severance
    1. Each paragraph of these terms operates separately. If any court or relevant authority finds any paragraph of these terms unlawful, the rest will remain in full force and continue in effect. If it comes to our attention that any provision or part provision of these terms are invalid or illegal, we shall amend such provision so that, as amended, it is legal and valid.

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14. Governing Law and Jurisdiction
    1. Please note that these terms, their subject matter and formation, and any non-contractual disputes or claims, are governed by the law of England. We both agree that the courts of England and Wales will have exclusive jurisdiction.

By using our website, you agree to these terms of use