SPORT ENGLAND “LEADING THE MOVEMENT” TERMS OF GRANT & USE OF SERVICES
This Agreement sets out the basis on which we have procured the Services for the Permitted Purpose as a non-cash grant awarded to you and the terms on which the Services are supplied to you.
If you are an individual in England that wishes to access and use the Sport England Services (defined below) relating to the “Leading the Movement” programme which supports existing and emerging leaders to tackle inequalities in their work www.leadingthemovement.org and express your interest to access the Services. Once your self-nomination form has been approved by us, you will be able to access the Services (including downloading any Materials (defined below)) via the Leading the Movement Website (website and online content) to use in accordance with these terms and conditions. Anyone else is prohibited from accessing and using the Services.
Please read these terms and conditions carefully before submitting a request for access to and use of the Services.
This offer is conditional on your agreement to all these terms and conditions. By submitting a request for access to and use of the Services, you accept and agree to be bound by these terms and conditions. If you do not agree to these terms and conditions you should not submit a request for access to and use of the Services. Any use of the Services other than as authorised under these terms and conditions is prohibited.
For the avoidance of doubt, nothing in these terms and conditions or your use or access to the Services and/or the Leading the Movement Website allows you or your organisation to hold yourself out as a Sport England or Leading the Movement brand ambassador.
Please complete the self-nomination form on the Website providing all of the requested contact and identity details and tick the tick box confirming that you have read and accepted these terms and conditions. If you do not complete the form or you refuse to accept these terms and conditions, you will not be authorised to use the Services and/or the Website.
We may amend these terms and conditions (including introducing new terms in the future and removing, modifying, updating and/or replacing the Services or any part of them) from time to time without notice to you. The amended terms and conditions will be effective from the date it is posted on the Website. If any changes to these Terms of Use are not acceptable to you, you must cease using the Services and the Website. Your continued use of the Services (or any part of them) will constitute your acceptance of the amended terms and conditions. Therefore, please review the Leading the Movement Website (and the terms and conditions in particular) on a regular basis.
You shall not have the right to access to and use of the Services (or any part of them) pursuant to these terms and conditions if you or the organisation that you are employed by or providing services to, is party to a separate agreement and/or a separate written permission (outside the scope of this Agreement) from us to access and use the Services (or any part of them).
1. Definitions and Interpretation
1.1 Unless the context otherwise requires capitalised terms shall have the meaning as set out below:
“Agreement” your application to access and use the Services and these terms and conditions, as amended, supplemented or otherwise modified by us from time to time;
“Grant” the non-cash grant we have awarded to you to access to and use of the Services via the Leading the Movement Website for the Permitted Purpose;
“Intellectual Property Rights” or "IPR" all copyright, database rights, design rights, registered designs, trade marks, service marks, trade secrets and rights in confidential information and all rights and forms of protection of a similar nature or having an equivalent effect to any of them which may subsist anywhere in the world together with all goodwill attaching or relating thereto, whether or not any of them are unregistered or registered and including application for registration of any of them relating to the Services (including any translations thereof);
"Materials” such resources, tools, content and other materials relating to the Permitted Purpose that are made available by us or on our behalf for access, use and/or download via the Website if your application is approved, which may include but is not limited to training materials, newsletters, surveys, evaluations, and online events;
“Permitted Purpose” the purpose for which we state the Services are available to you in relation to the Leading the Movement programme as specified by us from time to time on the Website;
“Services” the services to be provided by us or on our behalf to you (including any deliverables that result from the services and any Materials) via the Leading the Movement Website which may include but is not limited to bespoke offers such as coaching, mentoring and leadership training courses and sessions delivered in-person and/or online;
"Services IPR" means any Intellectual Property Rights that forms part of the Services or is inherent to the receipt or use of the Services;
“Term” the duration of the Leading the Movement programme and for so long as the Website remains available and offered by us and has not been discontinued, ceased to be offered or otherwise ended by us;
"Website" the Leading the Movement website available at www.leadingthemovement.org and on such other app and/or digital channels as we may offer from time to time (details of which can be found at the website);
“we”, “us”, “our” The English Sports Council, a company incorporated by Royal Charter in the United Kingdom under Company No. RC000766, with its registered office at SportPark, 3 Oakwood Drive, Loughborough, Leicestershire, LE11 3QF, United Kingdom; and
“you”, “your(s)” the person named as the applicant in the application request that wishes to access and use the Services via the Website for the Permitted Purpose.
1.2 The headings in this Agreement are for convenience only and do not affect its interpretation.
1.3 In this Agreement, the words “include”, “includes”, “including” and “such as” are to be construed as if they were immediately followed by the words “without limitation”.
1.4 In this Agreement, unless the context clearly indicates another intention, a reference to:
(a) any gender includes other genders, and the singular includes the plural and vice versa;
(b) a clause or party is a reference to a clause of or party to this Agreement;
(c) obligations undertaken by more than a single person or company are joint and several obligations; and
(d) any reference to a person shall include natural persons and partnerships, firms and other such unincorporated bodies, corporate bodies and all other legal persons of whatever kind and however constituted.
2. You and Your Organisation
2.1 You confirm and warrant that you are an individual domiciled in England or working for, or a Board member of, an organisation operating in England.
2.2 You confirm and warrant that all of the information that you have provided to us in connection with the Grant and this Agreement is complete and accurate.
3. The Grant
3.1 We have procured the Services which are being offered to you in the form of a non-cash grant awarded by us to you (the “Grant”), the cost of which is met from money available to us through the National Lottery.
3.2 In consideration of your confirmations and warranties under clause 2 and you agreeing to meet your obligations under clause 4:
(a) we will take the steps necessary to supply, or procure the supply to you of, the Services via the Leading the Movement Website; and
(b) we grant to you a non-exclusive, non-transferable, non-sublicensable, royalty-free licence to use the Materials for the Permitted Purpose in accordance with the terms and conditions of this Agreement for a period commencing on the date on which you are approved by us to access the relevant Materials on the Website until the end of the Term (or such other shorter period as may be stated by us on the Website).
3.3 For the avoidance of doubt we do not grant you any rights whatsoever:
(a) to use the Services or any extracts from the Materials for any purpose other than the Permitted Purpose;
(b) to edit, adapt, modify and/or amend the Services (including any Materials) for any purpose, except for the specific rights detailed in the Permitted Purpose; and/or
(c) to use, copy, edit, adapt, modify, amend, incorporate, publish, distribute, communicate to the public, broadcast and/or exhibit the Services (including any Materials) for any purpose, without our express prior written consent.
3.4 You acknowledge that our ability to provide the Services is dependant entirely on the availability of the funds that are supplied to us through the National Lottery which we use to procure the Services.
3.5 You accept that, while we will use our reasonable effort to secure the delivery of the Services, the Grant does not guarantee the delivery of Services, nor do we accept any liability for a failure to deliver the same as a result of insufficient funding being available.
3.6 You will only nominate Leading the Movement users who meet the following criteria:
3.6.1 the nominated person has material responsibilities for your management and/or administration; and
3.6.2 his or her primary purpose for receiving the Services is the Permitted Purpose.
3.7 You will notify the provider(s) of the Services immediately if at any time either of the criteria set out in paragraph 3.6 are no longer satisfied in respect of a user of Leading the Movement. Any such person will cease to be eligible to receive the Services.
3.8 You will ensure that the user of Leading the Movement complies with all reasonable rules and instructions of the provider(s) of the Services while receiving the Services, including without limitation in respect of health and safety while on the site of the provider.
4. Your Grant Obligations
4.1 The Grant is only in respect of the Services which are provided by us via the Website for the Permitted Purpose. You acknowledge and agree that we may (at our discretion), in some circumstances, procure the supply of all or any part of the Services on our behalf by a third party provider authorised by us.
4.2 In some circumstances our third party provider may make some services and/or materials available directly to you on the Website in its own name. You may be required to obtain additional approval from us and enter into additional terms with us, and you may also need to enter into a separate arrangement directly with the third party provider, in order to access or be provided with such services and/or materials.
4.3 There may be an option for you to instruct or engage a third party provider or any other person for any additional services that are not covered by the Grant. In such circumstances, we shall have no responsibility or liability for such additional services, and you will need to enter into a separate arrangement directly with the third party provider for the provision of such additional services. You will also be responsible for any costs that apply to such additional services.
4.4 Should we contact you, you will be available to meet or discuss with us (or those acting for us or to the National Audit Office) and, should we request it, you will provide us (or those acting for us or to the National Audit Office) with full and free access to any records or information you hold concerning the Grant and your use of the Services, however and wherever held and to any of your premises,.
4.5 Where reasonably required by us you will acknowledge the Grant publicly as appropriate and as practical. You will acknowledge our support in any published documents that refer to the Grant or in written or spoken public presentations about the Grant.
4.6 You hereby consent to any publicity about the Grant as we may from time to time reasonably require.
4.7 You will tell us about any changes to information you have previously provided in connection with the Grant and will make sure that the information we hold in connection with the Grant is true and up to date.
4.8 You agree to participate in the Grant and from time to time in such activities (such as completing questionnaires or responding to queries from us or providing information or opinions about the Services) as we may reasonably require in order to evaluate the effectiveness of the Grant.
4.9 You agree to comply with all applicable laws in all matters connected to the Grant.
4.10 You accept that we may share information about the Grant with any persons of our choice as well as with members of the public who make a request for information under the Freedom of Information Act 2000 to the extent we may lawfully do so.
4.11 You must provide us with such input, instructions and/or cooperation as we reasonably require in order to provide the Services to you.
4.12 If:
(a) you are in breach of any terms and conditions of this Agreement; or
(b) you (whether deliberately, recklessly or accidentally) provided any information to us, dishonestly or that is significantly incorrect or misleading; or
(c) in connection with the Grant you (or where relevant members of your governing body, volunteers or staff) act dishonestly or negligently or in any way, directly or indirectly, to your detriment or to the detriment of (where relevant) your organisation or to the detriment of our reputation; or
(d) the primary purpose of your application and your receipt of the Services was not or is not in line with the objectives of the Permitted Purpose,
you will, if demanded by us, pay such amount as we may reasonably determine, to be representative of an appropriate proportion of the value of the Services received by you.
4.13 For the avoidance of doubt, the figure mentioned in clause 4.12 above is not our only rights or remedy and we may take additional action against you and seek additional damages and other remedies, including in accordance with clause 9.4.
5. Accessing the Leading the Movement Website and the Services
5.1 Once you have received our approval of your registration of interest for Leading the Movement online sessions, we will provide you access to these Services via a secure invitation link.
5.2 You may only access the Leading the Movement’s online sessions if we have allocated you a secure invitation. This cannot be shared with others.
5.3 You are responsible (including for all costs) for supplying and configuring your own equipment. information technology and computer programs and any internet connection needed to access the Services via the Website (in each case that meet any specifications set by us).
5.4 You must:
5.4.1 provide us with all necessary information as we may require in order to provide you with access to the Website;
5.4.2 keep your means for accessing the Website and the Services secure and ensure that no other person obtains access to them;
5.4.3 update your security measures for accessing the Website and the Services when prompted to do so;
5.4.4 not allow anyone else to use the Website with your invitation details;
5.4.5 notify us immediately (please see our contact us or help pages for details) if you have any reason to believe your access to the Leading the Movement services is no longer secure; and
5.4.6 not use the Website if we have notified you that we have suspended or terminated your access.
5.5 You are responsible for all activity and the accuracy of all information and requests sent using any personal identification implemented to identify you.
5.6 You may have a particular level of access to the Services and/or Materials and/or content on the Website. You must only use the Services, the Materials and other content of the Website in accordance with your authorised level of access. If you gain access to any Services, Materials, or content or areas of the Website which you know or suspect, or should reasonably have known or suspected, you should not have access to:
5.6.1 you must immediately cease to use and exit the relevant area and promptly inform us of such unauthorised access; and
5.6.2 you shall not divulge to any person any content accessed by you or the fact of the unauthorised access, save where required to do so by a court order.
5.7 Access and activity may be tracked and recorded for security purposes and, by using the Leading the Movement Website, you agree for us to do so.
5.8 We reserve the right at any time, without notice to you, to change your level of access, block your invitation to sessions or restrict your access to the Services and/or the Website including for security reasons. If your invitation has been blocked please contact us for further information.
5.9 If you allow anyone else to obtain unauthorised access to the Website or Services, you will be fully responsible for the use of the Website by that person, and we will have no liability either to that person or to you in respect of that person's use of or access to the Website or services.
5.10 We cannot guarantee that the Services, the Website, or any Materials or other content on the Website, will always be available or that it will be free from errors or omissions. We will not be liable to you if for any reason the Services, the Website, or any Materials or other content on the Website, is unavailable at any time or for any period and reserve the right to suspend, withdraw, discontinue or change all or any part of the Services, the Website, or any Materials or other content on the Website, without notice.
6. Using the Services
6.1 In using the Services and accessing the Leading the Movement Website, you agree that:
6.1.1 you shall not use the Services (or any part of them) for any use, event or purpose (whether directly or indirectly) which:
(a) violates or infringes in any way upon the rights of others;
(b) is unlawful, offensive, obscene, defamatory, profane or otherwise objectionable;
(c) which encourages conduct that would constitute a criminal offence, gives rise to civil liability or otherwise violates any law or is in breach of the privacy or any other rights of a third party or of any law;
(d) is likely to mislead the public, or be materially detrimental to or inconsistent with our good name, goodwill, reputation and image;
(e) would impair our rights in the Services any part of it (to the extent that these exist);
(f) would impair the rights of third party service provider, any other recipient of similar Services, or other stakeholders in the Services or any part of it (to the extent that these exist);
(g) is commercial (i.e. promoting any merchandise, products or other goods and/or services), except for the specific rights detailed in the Permitted Purpose;
(h) is promotional, except for the specific rights detailed in the Permitted Purpose;
(i) suggests that you or your organisation is endorsed by or affiliated with us, including holding yourself out (or holding your organisation out) as a Sport England brand ambassador;
(j) falsely suggests a client (or other business) affiliation/relationship with us; and/or
(k) is in any way affiliated to or sponsored by any company, organisations, persons, sponsors and/or media partners that contravene the objective of the Permitted Purpose and Grant, including without limitation manufacturers, suppliers and retailers of alcohol, cigarette and other tobacco products, carbonated soft drinks, fast food, food or drink supplements and drugs,
6.1.2 you shall not amend, adapt, use or position the Services (or any part of them) so as to suggest that we, you or any of the persons appearing in association with the Services, endorse any commercial product or service or any political party or belief without our prior approval in writing;
6.1.3 you must not permit anyone else to receive or use (including any deliverables /outputs of) the Services (without our permission) except to the extent that this is expressly permitted as detailed in the Permitted Purpose; and
6.1.4 you shall at all times (notwithstanding the termination of this Agreement) be liable for, indemnify and hold us harmless (together with our officers, employees and agents) against all liabilities, actions, proceeds, costs, claims, damages and other expenses of any nature whatsoever incurred by, suffered by or awarded against us and compensation agreed by us in consequence of any breach or non-performance by you of any of your obligations under this Agreement.
7. Information Security
7.1 We will take reasonable steps to ensure that the Services, the Materials, any other content on the Leading the Movement Website and the Website is secure and free from bugs, viruses, or other malicious code or technologically harmful material of any kind. However, we cannot guarantee it. You should take your own precautions and utilise protection against malicious software or actions by others in doing so.
7.2 You must not:
7.2.1 introduce any malicious software to the Website or transmit any bug, virus or other disabling feature to or through the Website;
7.2.2 attempt to gain unauthorised access to the Services, the Website, or any Materials or other content on the Website;
7.2.3 do anything which may cause our service to users to be interrupted or degraded;
7.2.4 attempt to copy, decompile, disassemble or reverse engineer the Website (or any software used in connection with the Website) or otherwise reduce all or any part of the Website to human-readable form;
7.2.5 use any data gathering or data extraction tools on the Website without our prior written permission;
7.2.6 tamper with, hinder the operation of, make unauthorised modifications to the Website including attempting to interfere with the access of any user, host or network;
7.2.7. use Website for any activities which breach any laws or regulations or infringe any third party rights;
7.2.8 move, obscure or alter any copyright notices, trade marks or other proprietary rights notices of ours or any third party; or
7.2.9 use the personal information of another person in order to access or use the Services, the Website, or any Materials or other content on the Website.
8. Intellectual Property Rights
8.1 The legal and beneficial ownership of the Services IPR belongs to us or our affiliates or relevant licensors.
8.2 You agree that this Agreement does not give you any ownership, any claim, any right, title or interest in or to the Services IPR (or any part of them) except the rights of use as are specifically set out in this Agreement for the Permitted Purpose and you hereby acknowledge and agree that the benefit of all such use by you shall at all times enure to us. You shall hold all goodwill accruing to the Services IPR as a result of your use of the Services as bare trustee for our benefit.
8.3 You must not amend or adapt the Services in any form whatsoever, including not changing the size, font or colour of any Materials or outputs provided as part of the Services except for the specific rights detailed in the Permitted Purpose or where expressly approved in writing by us. For the avoidance of doubt, such approvals are given at our sole discretion, and we can withhold our consents and approvals for any reason.
8.4 You are not in any circumstances whatsoever permitted to include any third party (whether commercial or non-commercial) brands or logos in any materials and/or content and/or at any events and activities in connection with the Service, Materials or outputs provided as part of the Services except for the specific rights detailed in the Permitted Purpose.
9. Protection of the Services and the Intellectual Property Rights
9.1 You shall not apply to register or pursue registrations of the Services IPR (or any part of them) or any associated Intellectual Property Rights in your own name.
9.2 We have the sole right to determine whether any action shall be taken on account of all proceedings relating to the Services (or any part of them) and/or the Intellectual Property Rights and will in our sole discretion decide what action (including litigation, arbitration or compromise) if any to take in respect of any infringement or alleged infringement of the Services (or any part of them) and/or the Intellectual Property Right or any other claim or counterclaim brought or threatened in respect of the use of the Services (or any part of them) and/or the Intellectual Property Right. We shall not be obliged to bring or defend any proceedings whether for infringement or otherwise in relation to the Services (or any part of them) and/or the Intellectual Property Right if we in our sole discretion decide not to do so.
9.3 In any infringement proceedings which are brought by us, we shall be entitled to claim in respect of any loss suffered or likely to be suffered by you and shall be entitled to retain any damages awarded in respect of such claim.
9.4 For the avoidance of doubt, nothing herein comprises a licence to use any Sport England Intellectual Property Rights in connection with or in relation to any goods or services.
10. Limitation Of Liability
10.1 We do not warrant that the use of the Services by you will not infringe the rights of any third party and exclude all implied warranties or representations to the fullest extent permitted by law.
10.2 Our only responsibilities with respect to the Services are set out in this Agreement. All implied conditions, warranties, representations or other terms that may apply to the Services, the Materials and/or the Leading the Movement Website are expressly excluded.
10.3 You agree that 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:
10.3.1 your use of, or inability to use, the Services, Materials and/or the Website;
10.3.2 your use of or reliance on any content displayed via the Website or as part of the Services including the Materials;
10.3.3 any inaccuracies, mistakes or omissions in the information provided as part of the Services or through the Website;
10.3.4 a third party's use of or access to the Services and/or the Website where you have allowed such third party to obtain access to the Services and/or the Website in breach of the Agreement.
10.3.5 You agree that we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if such loss is foreseeable, for any:
(a) loss of profits, sales, business, or revenue;
(b) loss arising from business interruption;
(c) loss of anticipated savings;
(d) loss of business opportunity, goodwill or reputation or in each case whether such losses are direct or indirect.
10.4 You agree that we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, for any special, indirect or consequential loss or damage.
10.5 Without prejudice to clauses 10.1 to 10.4 above, you agree that insofar as we may have liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, such liability shall not exceed £100.
10.6 Nothing in this Agreement limits or excludes any liability which cannot legally be limited, including liability for:
10.6.1 death or personal injury caused by negligence or
10.6.2 fraud or fraudulent misrepresentation.
10.7 You hereby waive any claim or cause of action arising out of any ending of the Services or your access to them and/or termination of this Agreement and you release us, and our affiliates and our respective officers, employees and agents from any and all such claims and causes of action.
11. Termination
11.1 We may, in our absolute and sole discretion, at any time terminate the Grant and/or terminate your rights under this Agreement and/or cease to make available the Services to you.
11.2 You may, at any time terminate the Grant and/or terminate your rights under this Agreement and/or end your use of the Services.
11.3 We may, in our absolute and sole discretion, at any time terminate the Grant and/or terminate your rights under this Agreement and/or cease to make available the Services to you if:
11.3.1 you are in breach of the terms of this Agreement;
11.3.2 we decide to discontinue the Services;
11.3.3 our third party service provider fails to deliver on its obligations under its contract with us to enable us to provide the Services;
11.3.4 we do not have available adequate money from the National Lottery to enable us to fund the continued provision of the Services;
11.3.5 we determine (including without limitation on the basis of any information or notification that you provide or fail to provide pursuant to this Agreement) that you are not suitable for the receipt of the Services in accordance with the eligibility criteria, or for grant recipients generally, from time to time; or
11.3.6 we suspect that your primary purpose of receiving the Services is not in line with the objectives of the Permitted Purpose.
11.4 Termination of this Agreement will be without prejudice to any existing rights and/or claims that we may have against you and will not relieve you from fulfilling the obligations accrued prior to such termination.
11.5 On termination of this Agreement:
11.5.1 unless otherwise expressly permitted by us, you will immediately cease all use of the Services, including all copies of the Materials, whether or not you have incorporated your own text and/or images and destroy or upon our request return to us all such related materials in your possession or control; and
11.5.2 all rights granted to you under this Agreement or however acquired and any goodwill associated therewith shall revert and enure to us.
12. General
12.1 If we process any data under this Agreement we will do so in accordance with our Privacy Statement, which can be found on the Leading the Movement Website. Sport England has third party service providers for various elements of the Leading the Movement Services and the providers for each element may also share data between them, in accordance with the agreed data processing agreements. By entering into this Agreement you also agree to be bound by the terms of our Privacy Statement.
12.2 We may vary this Agreement from time to time by publishing changes to these terms and conditions on the Leading the Movement Website with any changes shall take effect on the date specified on the Website. If you do not agree to the changes in these terms and conditions you may terminate the Grant and/or terminate your rights under this Agreement and/or end your use of the Services If you continue to access the Website and/or use the Services (other than read the changes and/or cease access) after any changes take effect this will indicate your agreement to the changes.
12.3 If any provision of these terms and conditions is held to be illegal, invalid or unenforceable in whole or in part the remainder of this Agreement will continue to be valid and enforceable.
12.4 No failure or delay in exercising rights under this Agreement shall operate as a waiver of such rights.
12.5 Nothing in this Agreement is intended to, nor shall it, create any right enforceable by any third party or person not a party to the Agreement and the Contracts (Rights of Third Parties) Act 1999 shall not otherwise apply to this Agreement.
12.6 This Agreement does not make either party the agent of the other nor does it create a partnership or joint venture between the parties.
12.7 This Agreement expresses the entire agreement between us and you.
12.8 This Agreement is personal to you, and you will have no right to assign, novate or otherwise transfer any of your rights, obligations and liabilities under this Agreement.
12.9 We may assign, novate or otherwise transfer all of its rights, obligations and liabilities under this Agreement to a successor body to us or to any successor distributor of Lottery funding, and you will consent to any such assignment, novation or other transfer without delay.
12.10 The award of the Grant, this Agreement and all non-contractual disputes arising in connection with the Grant shall be governed by and construed according to English law and be subject to the exclusive jurisdiction of the English Courts.
Acceptance of Rules
These rules (Rules) are the terms of use for any opinions, discussion forum, blog, or article with public comments (each of them called the Forum in these Rules) operated as a tool of Leading the Movement. The Rules apply to all users. Any submission of material by you to the Forum means that you accept and agree to abide by all the terms and conditions of these Rules. The Rules apply to all users. Any submission of material by you to the Forum means that you accept and agree to abide by all the terms and conditions of these Rules.
The Rules supplement the Leading the Movement terms of use and privacy statement and are in addition to any terms of use applicable to other websites on which a Forum may be hosted.
Changes to these rules
We may revise these rules (Rules) at any time. You are expected to check this page from time to time to take notice of any changes we may make, as they are legally binding on you.
Moderation
Every contribution submitted to the Forum (Contribution) may be checked by us for compliance with the content standards below (Content Standards).
We are under no obligation to you or any other person to oversee, monitor or moderate the Forum and we may stop moderating the Forum at any time. We reserve the right to remove, or to disable access to, any Contribution which we consider to be potentially defamatory of any person or which we consider unlawful or in violation of any third party rights. We expressly exclude liability for any loss or damage arising from the use of the Forum by any person in contravention of these Rules.
Content Standards
A Contribution must:
-
Be accurate.
-
Be genuinely held (where it states opinions).
-
Comply with the law applicable in England and Wales and in any country from which it is posted.
-
Be relevant.
A Contribution must not:
-
Be defamatory of any person.
-
Be obscene, indecent, offensive, hateful, threatening or inflammatory.
-
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
-
Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual.
-
Infringe any copyright, database right or trade mark of any other person.
-
Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
-
Be in contempt of court.
-
Be likely to harass, upset, embarrass, alarm or annoy any other person.
-
Be or likely to be detrimental to the provision of the site or reputation of the site.
-
Impersonate any person, or misrepresent your identity or affiliation with any person.
-
Give the impression that the Contribution emanates from us if this is not the case.
-
Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act.
-
Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
-
Contain any advertising, chain letters, junk mail, solicitations (commercial or non-commercial), “spam” or unsolicited advertising, promotional material or promote any services or web links to other sites.
-
These Content Standards apply to each part of a Contribution as well as to its whole. The Content Standards must be complied with in spirit as well as to the letter. We will determine, in our discretion, whether a Contribution breaches the Content Standards.
Copyright
By submitting a Contribution to the Forum, you agree to grant us a non-exclusive licence to use that Contribution. Although you will still own the copyright in your Contribution, we will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your Contribution. This licence will be free of charge, perpetual and capable of sub-licence. We may exercise all copyright and publicity rights in the material contained in your Contribution in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material.
Please also note that, in accordance with the Content Standards above, you must ensure that your Contribution does not infringe any copyright, database right or trade mark of any other person. By submitting your Contribution to the Forum, you are warranting that you have the right to grant us the non-exclusive copyright licence described above.
If you are not in a position to grant such a licence to us, please do not submit the Contribution to the Forum.
All information (such as data files, written text, audio files or other sounds, photographs, videos or other images, and the like) which you may have access to as part of, or through your use of, the Forum are the sole responsibility of the person from whom such Contribution originated.
Breach of these rules
If we consider that a breach of the Content Standards above has occurred, we may at our discretion take such action as we consider appropriate. Failure to comply with these Rules constitutes a material breach of the terms of use under which you are permitted to use the Forum, and may result in us taking all or any of the following actions:
-
Immediate, temporary or permanent withdrawal of your right to use the Forum.
-
Immediate, temporary or permanent removal of any Contribution already posted on the Forum.
-
Issue of a warning to you.
-
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
-
Further legal action against you.
-
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude liability for all action we may take in response to breaches of these Rules. The actions described above are not limited, and we may take any other action we reasonably consider appropriate.
Complaints
If you wish to report any Contribution posted to the Forum to us, please use the complaints button at the bottom of the relevant page of the site. We will receive immediate notification with details of the issue. All users will receive an update with any proposed action within 2 working days of the report.
Last modified: 27 May 2025
Stay up-to-date
You can find out exactly how we'll look after your personal data, but rest assured we’ll only use it to make sure you receive our newsletter, to understand how you interact with our newsletter, and to provide administrative information about our newsletter.