Teesdale

Please read these Terms and Conditions carefully.  They set out the terms under which you may use the Teesdale Gateway whose address is www.teesdale.co.uk and the micro sites incorporated within it whose addresses are suffixed with www.teesdale.co.uk ("the Gateway").  The Gateway is owned and operated by South Durham Enterprise Agency (“the Company”) of Enterprise House, Harmire Enterprise Park, Barnard Castle, County Durham DL12 8XT. Telephone 01833 696 600. Email enquiries@teesdale.co.uk fax 01833 631 909. 

The agreement set out in these terms is made between you and the company.  Please also read the privacy policy on the Gateway ("The Privacy Policy") and the disclaimer ("The Disclaimer") which form part of these terms and conditions (“The Terms”).

1. Definitions and Interpretations

1.1 "Member" means any organisation or individual or otherwise directly involved with provision of any part of or the whole of the Gateway;

1.2 "User" means a Member, subscriber or user of the Gateway.

2. The Gateway

2.1 By using the Gateway you agree that you have read and accepted these Terms and that they apply to your use of the Gateway.

2.2 Some parts of the Gateway operated by the Company may have additional terms and conditions which apply.

2.3 Some parts of the Gateway, services accessible through the Gateway and sites which may be accessed through the Gateway are operated by third parties other than the Company. Where such parts of the Gateway, services and/or sites are operated by a third party additional terms and conditions may apply. The Company has no control over those parts of the Gateway, the services and/or sites provided by third parties and cannot be held liable for your use of or any liability arising out of such parts of the Gateway, the services and/or sites (save to the extent required by law).

3. Use of the Gateway

3.1 The Gateway and the services provided through it (“the Services”) (other than those specific commercial or business related services, sites, sub-Gateways or clusters within the Gateway), are made available for personal use only and shall not be used for any commercial purpose (whether or not for profit).

3.2  The Gateway is intended to be inclusive rather than exclusive and is therefore available for use by those resident or accessing the Gateway anywhere in the world and of any age. However, you acknowledge and agree that it may be necessary from time to time to restrict access to the Gateway or parts of the Gateway or the provisions of certain Services for certain Users, or in certain jurisdictions, including, but not limited to, in order to ensure compliance with national laws or for the purposes of public interest.

3.3 You agree that:

3.3.1 you shall not use the Gateway to transmit or store material which is obscene, racist, threatening, menacing, offensive, defamatory, abusive, in breach of confidence, in breach of any intellectual property right or which is in breach of any applicable law;

3.3.2 you shall not transmit material through the Gateway in such a way as to risk damaging or impairing the Gateway or any part of it:

3.3.2.1 by transmitting excessive material or using or transmitting applications which have large bandwidth requirements; or

3.3.2.2 by transmitting anything (including, but not limited to, viruses) through the Gateway which shall cause or is likely to cause harm to any of the Company's computer systems or any other computer systems owned or used by any Users.

4. Intellectual Property

4.1 The Company is the owner of:

4.1.1 those trade marks (registered and unregistered) indicated as such throughout the Gateway from time to; and

4.1.2 he copyright and other intellectual property rights in the software, designs, text, graphics and other material and the selection or arrangement of such material on the Gateway and all other trade marks (whether registered or unregistered) used on the Gateway which are not licensed to it by any third party;and you shall not use any trademarks, copyright or other intellectual property rights appearing on the Gateway without the prior written consent of the Company or the appropriate intellectual property owner.

4.2 If you publish any text or graphics on the Gateway you automatically grant to the Company a perpetual, transferable, royalty free, irrevocable, non-exclusive right and licence to use such text or graphics in any way which the Company deems appropriate.  In addition you waive any and all moral rights in such text or graphics.

4.3 Subject to any specific copyright notices on any part of the Gateway, you may download and temporarily store one or more of the pages of the Gateway for the purpose of viewing on a personal computer and monitor, and you may print out in hard copy one copy of portions of the Gateway for your personal, non-commercial use only.  Any other use, copying, publication or transmission of material from the Gateway without the prior written permission of the Company is strictly prohibited.

5. Liability

5.1 All information on the Gateway is of necessity general.  You use such information entirely at your own risk and the Company accepts no responsibility for such information and your reliance on it. 

5.2 The information contained on the Gateway may contain technical inaccuracies or typographical errors.  All liability of the Company howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

5.3 Save to the extent required by law, no representations or warranties are made in respect of the Gateway, its content or the Services.  All liability of the Company, however arising for any loss suffered as a result of your use of the Gateway and/or the Services is expressly excluded to the fullest extent permitted by law.

5.4 The Company will use its reasonable endeavours to monitor all materials that pass through the Gateway but cannot ensure that all such material is monitored.  You must notify the Company immediately if you become aware of any material appearing on the Gateway that is illegal or offensive or if you reasonably believe it to be otherwise inappropriate for the Gateway.  The individual content providers are responsible for ensuring that the material they include on the Gateway is appropriate and legal and the Company will not limit access to material or instruct content providers, Users, or cluster managers to remove material unless notified in writing that it is illegal.  However, the Company shall have the right to remove, or instruct any content provider, User, or cluster manager to remove, any items it believes may be illegal or are inappropriate for use on the Gateway.

5.5 The Company may terminate or suspend your access to the Gateway and/or any of the Services immediately without notice to you for any reason.

5.6 You shall notify the Company immediately of any claims brought or threatened against you in relation to your use of the Gateway.

5.7 Where a claim is brought against the Company by a third party in relation to your use of the Gateway you hereby agree to indemnify and to keep indemnified the Company in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities howsoever, suffered or incurred by the Company as a consequence of your breach of these Terms.

6. Availability & Security of the Gateway

6.1 You will keep any passwords for the Gateway secure and confidential.  If they become known by a third party, you must inform the Company immediately. The Company may require you to change your passwords.

6.2 The Company cannot and does not warrant or represent that you will have full and error free operation of and access to the Gateway and/or the Services at all times.  All liability of the Company, howsoever arising from any loss whatsoever arising from your inability to use the Gateway or any part of it is excluded, to the fullest extent permitted by law.

7. Data Protection & Use of Personal Information

7.1 The Company data held in the Gateway is owned and managed by The Enterprise Agency for Wear Valley & Teesdale .  The Enterprise Agency for Wear Valley & Teesdale are registered with the Data Protection Commission, its registration number is Z9525946.

The Enterprise Agency for Wear Valley & Teesdale acknowledges its obligations under the Data Protection Act 1998 and related legislation and shall use its reasonable endeavours to ensure that the Gateway and/or any personal information and/or data it holds are kept secure.  However, due to the nature of the internet, the Company cannot accept any liability for those who intentionally attempt to and/or gain unauthorised access to the Gateway (save to the extent required by law).

7.2 You acknowledge and agree that all personal information you provide may be transmitted over the internet, and that transfers of such personal information may be made to any country in the world, regardless of the extent of any data protection laws and regulations in any of those countries.

7.3 In some instances to enable you to take advantage of the Gateway or the Services, you will be asked to complete a registration form. The personal details that you provide to the Company must be accurate and up to date and you must inform the Company immediately in writing of any changes to those details.

7.4 The information gathered from any registration forms and your use of the Gateway may be used by the Company for purposes relating to your use of the Gateway, for marketing activities and by third parties as set out in the Privacy Policy.  If you do not wish to or subsequently decide that you no longer wish to receive direct marketing material or information from the Company or from other Members you should notify the Company by e-mail at enquiries@teesdale.co.uk or in writing to the postal address set out in these Terms or the individual Member at the address specified on the site or part of the Gateway operated or controlled by it.

7.5 The Company reserves the right to forward your personal details to the police or any other relevant third parties in order to comply with the law or in relation to any suspected misuse by you of the Gateway. Where it is lawful and necessary for its legitimate business purposes, the Company may monitor e-mails you send and receive through the Gateway.

7.6 Other than as set out in these Terms, the Privacy Policy and the Disclaimer your information shall not be disclosed or used by the Company.

8. Payment

Use of the Gateway is currently made available without charge to you by the Company except where otherwise stated. However, you are responsible for all telephone charges necessary to access and use the Gateway and all other charges which may be incurred by you through your use of the Gateway, including, but not limited to, charges for any Services (whether provided by the Company or otherwise).

9. Force Majeure

The Company shall not be liable to you for any loss or damage which may be suffered by you due to any cause beyond the Company's reasonable control including, without limitation, any power or system failure.

10. Notices

10.1 Any notice to be given under these Terms shall, unless otherwise expressly stated, be in writing and shall be given by sending the same by first class post, facsimile transmission or email to the other party's address stipulated in these Terms or such other address as may be designated from time to time or, if no such address is stipulated, then to the registered office or headquarters of that party.  

10.2 Any notice sent by first class post shall be deemed to have been delivered 48 hours after posting.  Any notice given by facsimile transmission or email shall be deemed to have been delivered on the next working day following transmission.

11. Intellectual Property Rights

Except as expressly stated in these Terms, neither party shall acquire any rights to the Intellectual Property Rights belonging to the other as a result of the provisions of these Terms. 

12. Assignment/Sub-Contracting

12.1 The agreement contained in these Terms is personal to you and you may not assign or otherwise transfer, all or any of your rights and obligations under these terms without the prior written consent of the Company.

12.2 The Company reserves the right to assign or transfer all or any of its rights and obligations under these Terms to any third party without your consent. In the event of such an assignment or transfer, the Company may notify you by e-mail or by posting a notice on the Gateway home page.

12.3 The Company may sub-contract any of its obligations under these Terms.

13. No Waiver

No failure to exercise or delay in exercising any right or remedy under these Terms shall constitute a waiver thereof or of any subsequent or other breach of these Terms.

14. Variations

The Company reserves the right to vary these Terms from time to time.  Such changes shall either be notified to you by e-mail or posted on the Gateway home page.  Such changes notified in this manner shall be deemed to have been accepted by you if you continue to use the Gateway after a period of two weeks from the date of transmission of the e-mail or of the posting on the Gateway home page, whichever occurs later.

15. Severability

If any term or provision in these Terms shall be held to be illegal or unenforceable in whole or in part under any enactment or rule of law such term or provision or part shall to that extent be deemed not to form part of these Terms but the validity and enforceability of the remainder of these Terms shall not be affected.

16. Contracts (Rights of Third Parties) Act 1999

Except as expressly provided in these Terms, a person who is not a party to these Terms shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Terms provided that this does not affect any right or remedy of the third party which exists or is available apart from that Act.

17. Entire Agreement

17.1 These Terms, together with the Privacy Policy and the Disclaimer represent the entire understanding between you and the Company in relation to its subject matter and supersede all prior agreements, understandings or arrangements made by either party whether oral or written.  Where there is a conflict between these Terms, the Privacy Policy and the Disclaimer then these Terms shall prevail.

17.2 You acknowledge that you are not entering into these Terms in reliance on any representation of the Company except those contained in these Terms and in the event of misrepresentation (other than fraudulent misrepresentation) the only remedy available shall be a claim for breach of contract.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales and each of the parties hereby irrevocably submits to the exclusive jurisdiction of the courts of England and Wales.