PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
WHAT'S IN THESE TERMS?
These terms tell you the rules for using our website www.comoodle.com (the “Site”).
WHO WE ARE AND HOW TO CONTACT US
www.comoodle.com is a site operated by the Council of the Borough of Kirklees ("We" or the “Council”).
The Site is an online community resource sharing platform that allows users to discover, post, borrow and lend community based assets and resources, or “stuff, skills and space” and connect with information relevant to community activities.
The Site facilitates interaction and sharing between individuals, groups and organisations to support activities which benefit the Kirklees community. The Council takes no part in, or responsibility for, interactions or sharing activities other than in respect of its own assets.
To contact us, please email [email protected] or telephone our customer service line on 01484 456844.
DEFINITIONS
For the purposes of these Terms of Use, the following definitions shall apply:
• "The Service(s)" shall mean the provision of access to content, information, material, software and any other services and functions provided through the Site as amended and / or updated from time to time.
• "Member" shall mean the individual, association, trust, partnership, company or other body applying to list their details on the Site or who has registered their details on the Site, including individuals or organisations who have registered and uploaded content.
• "User" shall mean any individual, (whether or not a Member) who uses the Site for whatever purpose.
• "Listing/s" shall mean all information of any kind displayed on the Site prepared by or on behalf of a Member, including (but not strictly limited to) Videos, Documents, Profile Pages and all other information as may be posted on the Site from time-to-time in whatever format by or on behalf of Members or third parties.
ELIGIBILITY
Registered Users of the Site must be no younger than eighteen (18) years old.
By registering with the Site, you affirm that you are eighteen (18) years of age or older.
You agree to provide accurate, current, and complete information during the registration process, including your real name and contact information this should be the case regardless of the fact that you choose to officially verify your address and bank details.
We reserve the right to refuse registration for any reason at our sole discretion.
BY USING THE SITE YOU ACCEPT THESE TERMS
When you register to become a Member (as defined below), you will be asked to indicate your acceptance of these Terms of Use by clicking the “I Accept” button.
In any event and whether or not you are a Member, by accessing or using the Site, the Services or any associated software, you agree to comply with these Terms of Use.
If you do not accept these Terms in full, you must stop using the Site immediately.
We recommend that you print a copy of these terms for future reference.
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
These Terms of Use refer to the following additional terms, which also apply to your use of the Site:
· Our Privacy Notice, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
· Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of the Site. When using the Site, you must comply with this Acceptable Use Policy.
· Our Cookie Policy, which sets out information about the cookies on the Site.
WE MAY MAKE CHANGES TO THESE TERMS
We may amend these terms from time to time. Every time you wish to use the Site, please check these terms to ensure you understand the terms that apply at that time.
WE MAY MAKE CHANGES TO THE SITE
We may update and change this Site or its content from time to time. We will try to give Users reasonable notice of any major changes, but are under no legal obligation to do so.
WE MAY SUSPEND OR WITHDRAW THE SITE
The Site is made available free of charge.
We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal, but are under no legal obligation to do so.
We will not be liable to you if for any reason the site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Site.
You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
THE SITE IS ONLY FOR USERS IN THE UK
The Site is directed to people residing in the United Kingdom. We do not represent that content available on or through the Site is appropriate for use or available in other locations. If you are resident in a country outside of the UK, you use this Site at your own risk.
YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If you choose, or you 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. You must not disclose it to any third party.
We have 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 of Use.
If you know or suspect that any unauthorised person knows your user identification code or password, you must promptly notify us at [email protected] or telephone our customer service line on 01484 456844.
HOW YOU MAY USE MATERIAL ON THE SITE
The Council is the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
We grant you a limited revocable license to access and use the Site for its intended purposes, subject to your compliance with these Terms of Use.
Save as expressly provided in these Terms of Use, you may not copy, reproduce, sub-license, republish, distribute, transmit, publicly perform, display or make available, alter, adapt, interfere with, create derivative works from, counterfeit or paste to any other website or webpage, by any means or in any manner, any content, information, material, software or any other items provided or made available on or through the Site and/or the Services, or do anything else with such content.
You may print off one copy, and may download extracts, of any page(s) from the Site for your personal use only, and you may draw the attention of others within your organisation to content posted on the Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged.
You must not use any part of the content on the Site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you use the Site in a manner that exceeds the scope of this license or you otherwise breach these Terms, we may terminate your Member’s account and revoke the license granted to you (see Termination and suspension of access to the Site below) and you must, at our option, return or destroy any copies of the materials you have made. You acknowledge that modification of any content, information, material, software or any other items or use of any of the same for any purpose not expressly permitted by these terms and conditions may breach our and others’ copyright and other proprietary rights.
DO NOT RELY ON INFORMATION ON THIS SITE
Please note that
• The Council DOES NOT actively participate in any transactions,
• The Council DOES NOT verify or guarantee the truth or accuracy of any information posted by any User with regard to the existence, availability, authenticity, quality, or value of any item offered through Site;
• The Site, its content and any services offered via the Site whether by ourselves or any other third party DO NOT in any way constitute definitive investment, legal, professional or trading advice and are merely a platform which is a means of communicating information provided by Members on the Site. Further, neither the Council nor its agents or representatives are “Authorised Persons” (as set out in Section 31 of the Financial Services and Market Act 2000) and do not provide advice or promotion of any financial nature;
• The Council DOES NOT guarantee that transactions entered into between Users will be completed.
• The Council DOES NOT accept any responsibility for the results of any action taken on the basis of the information provided on the Site and all warranties, including implied warranties of satisfactory quality, fitness for purpose, non-infringement and accuracy are excluded to the full extent that they may be under any applicable law.
• You agree that you are solely and exclusively responsible for, must evaluate and make your own judgment about, and bear all risks associated with:
o your interactions with other Members and/or Users, whether online or in person; and
o your use of use of any items, products, space or services obtained via the Site.
• You acknowledge that the Council DOES NOT screen or investigate the background of any Users, nor do we verify or otherwise warrant the accuracy of any representations or statements made by any User to you or others regarding products or services.
• You hereby acknowledge that the Listings have been supplied by third parties. The Council does not guarantee the veracity, authenticity, accuracy, timeliness, completeness or fitness for purpose of the Listings and/or any other data provided by a third party. Users should always make their own detailed enquiries into every relevant aspect of the information. No responsibility is accepted by or on behalf of us for any errors, omissions or inaccurate information on the Site or its content (particularly the Listings). None of the information displayed in the Listings constitutes a binding offer capable of acceptance by a User.
• You hereby acknowledge that all information, opinions and comments within Listings are those of the Members and not Council and no liability is accepted for any damage or loss arising from any action taken by a third party as a result of viewing any Listing.
• You acknowledge your dealings with other Users, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such User exclusively and do not involve the Council or its partners. It is your sole responsibility to make whatever investigation and take whatever precautions you deem necessary or appropriate prior to interactions and transactions with other Users, whether online or in person.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources. USER-GENERATED CONTENT IS NOT APPROVED BY THE COUNCIL
This website may include information and materials uploaded by other Users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on the Site do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us on [email protected] or telephone our customer service line on 01484 456844.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
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.
If you are a business user:
· We exclude all implied conditions, warranties, representations or other terms that may apply to the Site 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:
• use of, or inability to use, the Site; or
• use of or reliance on any content displayed on the Site.
· In particular, we will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.
If you are a consumer user:
· Please note that we only provide the Site for domestic and private use. You agree not to use the Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
· If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
Insurance required prior to use of any items, products, space or services via the Site
· You are solely responsible for any loss or damage suffered as a result of lending, leasing, distributing, borrowing, renting, selling, or otherwise obtaining and/or using, any items, products, space or services via the Site.
· You are responsible for obtaining and maintaining any insurance, which you deem necessary or advisable to cover any loss or damage to such good and/or incurred by anyone in connection with the use or provision of the items, products, space or services via the Site.
· To the extent that you maintain such insurance, you are solely responsible for ensuring that your policy covers the intended exchange of the items, products, space or services via the Site.
UPLOADING CONTENT TO THE SITE
Whenever you make use of a feature that allows you to upload a Listing to the Site, or to make contact with other Users of the Site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us 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.
Any content you upload to the Site will be considered non-confidential and non-proprietary.
You retain all of your ownership rights in your content, but you are required to grant us and other users of the Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload (see below).
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on the Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
You are solely responsible for securing and backing up your content.
RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD
When you upload or post content to the Site, you grant us the following rights to use that content:
Licenses granted to the Council
· You hereby grant to the Council a royalty free, irrevocable, fully transferable, sub-licensable, non-exclusive, perpetual and worldwide licence to copy, reproduce, store, process, modify, adapt, publish, display, distribute, incorporate, transmit and otherwise use your Listing or any part of it, in any and all media existing now or created in the future, as we deem necessary.
· Furthermore you hereby represent and warrant that you have all the necessary rights to grant such a licence.
· You agree to waive all moral rights in respect of the Listings, including the right to be identified as the author of the Listings and your right to object to derogatory treatment of the Listings.
· You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.
· You hereby represent and warrant that you own or otherwise control all of the rights in the Listings and warrant that the Listings will not:
· contain any misrepresentations, be unlawful, illegal, defamatory, deceptive, racist, harmful, libellous, offensive, distasteful, hateful, misleading or of an obscene or menacing nature;
· contain viruses or any other programs or technology designed to disrupt or damage any software or hardware;
· infringe the rights, including privacy and confidentiality and intellectual property rights, of any third party and that you will gain all necessary consents from such third parties before submitting any third party material to the Site;
· cause any other member or user of the Site unnecessary distress, anxiety, discomfort, annoyance or otherwise disrupt a user’s use or enjoyment of the Site; or
· negatively impact on the name, goodwill or reputation of Comoodle, the Site or our commercial partners.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that the Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access the Site. You should use your own virus protection software.
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site 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 the Site will cease immediately.
RULES ABOUT LINKING TO THE SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
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. You must not establish a link to the Site in any website that is not owned by you.
The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to link to or make any use of content on the Site other than that set out above, please contact [email protected] or telephone our customer service line on 01484 456844.
TERMINATION AND SUSPENSION OF YOUR ACCESS TO THE SITE
When a breach of these Terms of Use (or any other document or policy referred to herein) has occurred, this may result in our taking all or any of the following actions:
• Immediate, temporary or permanent withdrawal of your right to use the Site.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to the Site.
• 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.
The responses described above are not limited, and we may take any other action we reasonably deem appropriate.
We exclude any liability for actions taken in response to breaches of these Terms of Use (or any other document or policy referred to herein).
Suspension or termination of your account will result in the deletion of your account and the forfeiture of all content in your account.
Any person who holds such a suspended or terminated account must not re-register on the Site without our prior consent.
TERM AND TERMINATION
These Terms of Use will remain in full force and effect while you use the Website. You may terminate this agreement by following the instructions on the Account Settings page. We may terminate your use of the Website at any time without warning
WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?
If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
OUR TRADEMARK IS REGISTERED
"Comoodle" is a UK registered trademark of the Council of the Borough of Kirklees.
You are not permitted to use it without our approval, unless it is part of material you are using as permitted under How you may use material on the Site (see above).