User Terms and Conditions

Introduction

This document sets out the terms of use for users of this site:

This site is hosted by South Gloucestershire Council on behalf of Bath & North East Somerset Council, Bristol City Council, North Somerset Council and South Gloucestershire Council. Known as the West of England or the Councils.

Terms of use

Please read these user terms and conditions carefully. They set out the terms under which this service is provided to you by us. By accessing the services you agree to be bound by these user terms and conditions.

Privacy

We take the security of users information extremely seriously. We have an active anti-Spam policy to prevent you from receiving unsolicited commercial email.

  • We do not allow advertisers or users to send unsolicited commercial emails (SPAM). If you receive any such email please inform us.

Registration

The details provided by you on registration are important and should be correct and complete.

If we believe that you have provided false information we reserve the right to terminate your participation in this system without notice.

 

Your Personal Information

We will respect your personal information and will only use that information in accordance with the terms set out in our Privacy policy and in a manner that is consistent with the preferences set out by you on Registration as amended by you from time to time under "Your Details" In addition we undertake to comply with UK Data Protection legislation.

The councils comply with UK Data Protection legislation for the purpose of processing personal data in the performance of their legitimate business and any information held by the Councils will be processed in compliance with these principles.

The consultation portal allows you to make comments online. You may be required to register your details in order to participate in certain consultation events. Your name and/or comments may then be displayed publicly. The privacy settings can be viewed in the Information area for each consultation event.

For the purposes of representations on planning policy documents the Councils are required to record the name of the individual and organisation making the representation and therefore, cannot be treated as confidential. This information is viewable on the Council’s website and within published consultation reports. Before the representations/comments are made available for public viewing we will endeavor to remove your personal details (signature, telephone number and email address) to comply with the Data Protection Act 1998.

Our Obligations to You

We agree to use our reasonable endeavors to maintain the services in fully operational condition. However we cannot guarantee that this will always be the case and we do not accept responsibility for any defects that may exist, or for any costs, loss of profits, loss of data, or consequential losses arising from your use of, or inability to access this service even where any such loss arises through our negligence. We also exclude any liability (including liability for negligence) for the accuracy, suitability, quality or completeness of any information or material of whatever nature appearing on or available through the service and the value and integrity of information, advice, goods or services offered by third parties over or through the service.

The service is provided without any warranties or guarantees unless specifically stated. Any pages in, or any information derived from the service and/or any Group (including emails and downloaded files) may contain links to other websites or resources. We are unable to accept responsibility for these nor can we be deemed to have endorsed their content.

We reserve the right at any time and without any notice or explanation to suspend, restrict, reduce or terminate your access to the system for any reason and to delete any data and files in any Group. We may modify or discontinue the service temporarily or permanently, with or without notice to you. You agree that we shall not be liable to you or any third party for any modification to or discontinuance of the service or for any deletion or corruption of any data contained in the services, even where such modification, discontinuance, deletion or corruption is due to our negligence. In order to maintain the integrity of, we reserve the right to forward details to the Police, or other Regulatory Authorities where requested to do so. We may also forward contact details where a complaint arises concerning your use of this service and where the use is deemed by us to be inconsistent with these terms and user conditions or illegal.

Although it is our intention that any information you submit to a private (but not a public) Group will remain confidential to that Group, we cannot guarantee that this confidentiality will be maintained. In particular, whilst users are prohibited from distributing any information they obtain from a private Group outside that private Group, we cannot guarantee that all users will comply with this rule, nor do we promise to police or enforce strictly this rule. We will not be liable for any loss (including loss arising through our negligence) that you suffer for any information you post to a private Group being used or distributed without your consent.

We do not engage in the screening of information submitted by users prior to it appearing on the service nor do we exercise any editorial control over Groups. However, we reserve the right, but shall be under no obligation, to remove any such information at any time at our sole discretion and in particular, (but not limited to), any material which is offensive or unlawful and we reserve the right to terminate your use of the service in the event that you place such material on any Group.

You acknowledge that we have no control over content in Groups. We cannot and shall not be held liable or otherwise responsible for the content of any Group. By using the service, you accept that we shall not be liable or otherwise responsible and agree to waive any claims against us for any distress, injury, loss, liability, damage and expense arising from or in connection with your use of the service, or its contents. This exclusion also applies to any loss, damage, liability, distress and expense arising from our negligence. You agree to indemnify us and any employee and officer from and against any liability for losses, damages, expenses and claims arising from your use of these Groups or any content of the Groups to which you post. You specifically agree that we are not responsible for or liable to you or anyone else for any threatening, defamatory, libellous, obscene, offensive or illegal conduct of any other party or you or any infringement of another's rights, including intellectual property rights.

We do not exclude any liability for death or personal injury caused through our negligence.

Your Obligation to Us

You agree that you will only use the system in a manner that is consistent with these user terms and conditions and in such a way as to ensure compliance with all applicable laws and regulations. In particular:

  • You will not use the system to transmit or post any material which is (or which we believe is) defamatory, offensive, obscene, menacing, hateful or racially, ethnically or otherwise objectionable, or which may, in our judgement, cause annoyance, inconvenience or anxiety to any person. Please notify us, in writing of any material on this site that you believe infringes these rules
  • You will not impersonate any person or entity
  • You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the service
  • You will not upload, post, email or otherwise transmit any material that you so not have a right to transmit under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements)
  • You will not post, email or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party
  • You will not post to a Group any information which may constitute investment advice under the Financial Services Act 1986. Under this Act, restrictions are placed on who may or may not pass on investment advice. Whilst it is perfectly legal to disseminate factual information, it is a criminal offence to pass on opinion on investment merit and potential unless you are subject to the regulatory rules of membership of a self-regulating organisation. The restatement of another's opinion is controlled by the same rules as dissemination of your own opinions
  • You will not post any information that constitutes an advertisement, encouragement or specific recommendation to trade in any specific share or security
  • You will not provide or offer to exchange passwords for commercial sites
  • You will not include direct personal promotion or commercial advertising
  • You will not post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any form of solicitation
  • You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Please notify us of any material contained on this site that you believe infringes this rule
  • You will not interfere with or disrupt this site or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service
  • You will not "stalk" or otherwise harass any person; and
  • You will not collect or store personal information about other users whether or not for commercial purposes, without their consent

To the extent to which your use, or the use by any person who may be authorised by you or for whom you are responsible (for example, as the parent or guardian of a child or otherwise under these user terms and conditions) causes loss, damage or expense to any person (including us), you agree to indemnify us and any employee and officer from and against any liability for such losses, damages and expenses.

Where applicable, you are responsible for maintaining the full and total confidentiality of your username and password assigned to you on registration. As a result, you are fully responsible for all activities which occur under them. You must notify us immediately of any unauthorised use to which you become aware.

You are responsible for obtaining the equipment and paying all telephone charges necessary to access and use the system. You are also responsible for making your own back-up arrangements of any important data that you place on the service as although we maintain back up facilities for data on the service, we cannot guarantee that these facilities are fail safe.

An Group may be either public or private. If you wish to subscribe or are invited to join a private Group, your admission to and participation in that Group will be at the discretion of that Group's manager. You agree that you will not distribute outside a private Group any material or information you have derived from a private Group without the consent of the author of that information.

We allow you to participate in on-line communities where users can exchange information freely. You consent to participating in such an environment where it cannot be guaranteed that information you submit will not be reproduced elsewhere, including outside the service.

You agree that we are in no way liable for unauthorised reproduction or distribution of information that you submit to the service. Information you submit will be displayed on the service and can be printed out and distributed by users.

You agree not to use the services made available to you uch that you cause the whole or part of the system to be interrupted, damaged, rendered less efficient or in any way impaired.

We do not exclude any liability for death or personal injury due to our negligence.

 

Copyright

We respect the intellectual property of others, and we ask our users to do the same. If you believe that a copy of your work is available on this site without your consent or that a copyright infringement has otherwise occurred, please supply us with the following information:

  • A description of the copyrighted work that you claim has been infringed
  • Details of where the infringing material is located on the service
  • Your address, telephone number and email address
  • A statement by you that you believe in good faith that the use of the work on the service is not authorised by the copyright owner or any person entitled to act on their behalf or by law
  • An affidavit executed by you that the information you provide concerning the copyright infringed is accurate and that you are the copyright owner authorised to act on their behalf

Amendments

These user conditions may be amended from time to time. If we do amend them, the new terms and conditions will be available on the website. Any notice sent to us should be sent by email to us unless otherwise provided in these user terms and conditions.

Our agreement with you, set out in these user terms and conditions is governed by English law and you and we submit to the non-exclusive jurisdiction of the English Courts.