WEBSITE TERMS AND CONDITIONS

 
 

1. Introduction

Use of our website or the Data Maturity Assessment Tool is subject to the following terms and conditions. If you disagree with any part of these terms and conditions, or if you do not have authority to bind your business to these or any other applicable terms, you should not use our website or the Data Maturity Assessment Tool. Use of our website includes accessing, browsing, or registering to use any of the products and services on our site.

Other terms may apply to our services where we make that clear to you. For example terms for our training course programme.

Please also refer to our Privacy Policy and our Cookies Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us, which includes Google Analytics and Cookies.

“You” and “you” or “your” refers to the user of our website and/or services which includes your organisation if you are acting on behalf of a business.

2. Information about us

Data Orchard CIC, referred to here also as ‘Data Orchard’ or ‘us’ or ‘we’, is a social enterprise registered as a community interest company and company limited by guarantee in England and Wales with Companies House. Our company number is 08674626 and our registered office at Lower House Business Park, Staunton-on-Wye, Hereford HR4 7LR. The websites www.dataorchard.org.uk and subdomain datamaturity.dataorchard.org.uk are owned and operated by Data Orchard.

3. Intellectual property rights

Copyright © 2019 - 2024 Data Orchard CIC. We are the owner or the licensee of all intellectual property rights in our 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.

By providing any content or information to us, or by posting it on our website, you confirm warrant and represent that you are legally permitted and have full authority to grant us an appropriate license to that content. That license must be a fully paid-up, non-exclusive, royalty-free license to copy and modify any materials provided by you to us. We will exercise that license for the purpose of providing access and use of our website in addition to the license set out below relating to data submitted as part of our Data Maturity Assessment tool.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes unless we have agreed that with you in writing. We won’t be liable for any such commercial use or reliance for commercial purposes resulting in any loss whatsoever.

If you print off, copy, or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

4. Your Licence to Use Our Website

4.1 Subject to the terms and conditions of this Licence, Data Orchard hereby grants you a worldwide, royalty-free, non-sublicensable, non-exclusive, revocable licence to exercise the following Licensed Rights in the Data Orchard website (www.dataorchard.org.uk) to:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website;

(d) stream audio and video files from our website; and

(e) use our website services by means of a web browser,

(f) reproduce and share content on the Data Orchard website, in whole or in part, for Non-Commercial purposes only; and

(g) produce, reproduce, and Share Adapted Material for Non-Commercial purposes only.

4.2 Where you register to use our data maturity assessment tool, we agree to grant you a fully paid-up, worldwide, non-exclusive, royalty-free perpetual licence to copy the deliverables output from that tool provided to you as part of the purpose of receiving and using the data maturity assessment tool and such deliverables in your business. You may not sub-licence, assign or otherwise transfer the rights granted in this Section 4.2 to anyone else without our express permission.

4.3 Nothing in this Public Licence constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution.

4.4 Your exercise of the Licensed Rights is expressly made subject to the terms of any open source license that we or any third party have applied to that part of our services. This also means that you will have to comply with the terms of that open source license, including any attribution requirements, and pass through those terms to any third party wherever applicable.

5. Acceptable Use

5.1 You may use our site and services only for lawful purposes.

5.2 You may not use our site in any manner that we deem to be unfair or that might put our reputation at risk in any way.

5.3 We reserve the right to charge you the amount of fees that would have applied to your use of our chargeable services and/or to take reasonable steps to disable your access to our services if we consider that you have or are attempting to make excessive use of them in any way that we think is unfair.

6. Accounts and Suspension / Termination

6.1 Information we provide, where applicable, to you in order to allow you to register and log in to our site or to access our services, is confidential information.

If you know or suspect that anyone other than you knows your identification code or password, you must promptly notify us at info@dataorchard.org.uk

6.2 We may terminate, suspend, disable, edit, and/or delete your account at any time in our sole and absolute determination without notice or explanation or any requirement to show reasonable cause for such termination or if at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

You may cancel your account by contacting us using the details at the end of this document although that will not relieve you of your obligations to us.

7. Limited warranties

Our site and other applicable services are made available free of charge and are provided “as is” and “as-available” and we do not warrant to you that they are free from faults or defects whether minor or material.

7.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website or that the same has been verified by any third party;

(b) that the material on the website is up to date or in compliance with any laws other than those which apply in England and Wales; or

(c) that the website or any service on the website will remain available or be uninterrupted.

(d) that our site will be secure or free from bugs or viruses. You should use your own virus protection software.

7.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website or any content made available through it.

8. Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or a breach of the terms implied by Section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession), or any other liability that cannot be excluded or limited by English law such as consumer rights.

To the extent permitted by law, we exclude all conditions, warranties, representations, or other terms which may apply to our site or any content on it, whether express or implied, including (but not limited to) the terms implied by sections 3,4, and 5 of the Supply of Goods and Services Act 1982.

We will not be liable to any user for any loss or damage, whether in contract, tort (including all forms of negligence), breach of statutory duty, or otherwise under any other theory of law in any applicable jurisdictions, even if foreseeable, arising under or in connection with our website or our services.

If you are a business user, please note that in particular, we will not be liable for: loss of profits, sales, or revenue; loss of business, contracts or commercial advantage; business interruption; loss of anticipated savings; loss of use or corruption of software, data or information; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage howsoever arising.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any consultancy services to you, which will be set out in our relevant terms and conditions of supply for such services.

In the event that these limitations of liability cannot be applied we will be liable only to repay you any fees you have paid to us during the preceding 6 month period (or, if you are a free user, that sum will be capped and shall not exceed £1).

9. Data Protection and Data Sharing

9.1 The legal basis for collecting personal data is detailed in our Privacy Policy. The purpose of processing is to provide our services and operate our website and to carry out any instruction we receive from a relevant customer in relation to services we provide to them. The scope and nature of processing depends on your input and by providing such data and instructing us to process it, you are providing instructions to us to carry out that processing.

9.2 We will treat personal data as confidential information unless and until it has been anonymised and we will only share it with third parties subject to an appropriate duty of confidentiality, where that can be legally imposed, including to our employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our rights or carrying out our obligations under any contract we have in place with you; and/or as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

9.3 We will remain responsible for our subcontractors, including any sub-processors we use from time to time, as though they were us under this agreement and we will not transfer your data outside of the UK or the EEA without your express permission unless legally approved appropriate safeguards approved by law are in place for that transfer to ensure that the level of protection afforded to your personal data is maintained in any applicable third country.

10. Linking to our site

10.1 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 our site in any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

10.2 Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over, and take no responsibility for, the contents of those sites or resources.

11. Changes to these terms and conditions

We may revise these terms and conditions at any time by amending this page. These Terms and Conditions were last updated on 1st February 2023. Please check this page from time to time to take notice of any changes we have made, as they are binding on you and you are deemed to accept them by continuing to use our services after we’ve updated them or otherwise clicking to log in or to accept any notice we may provide to you from time to time. If you require any previous version of these terms then please contact us to request them.

12. Entire agreement

These terms and conditions, together with our Privacy Policy and our Cookies Policy and any other terms expressly incorporated herein or in any Order Form by reference, shall constitute the entire agreement between you and us in relation to your use of our website and services and shall supersede all previous agreements between you and us in relation to your use of the applicable part of our website and/or our service where applicable. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in these terms and conditions.

13. General

13.1 We may assign or transfer our rights and obligations to another entity. You may not assign or transfer your rights or your obligations.

13.2 Each paragraph or sentence of these terms and conditions operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs or sentences will remain in full force and effect.

13.3 These terms and conditions are between you and us. No other person has any rights to enforce any of its terms.

13.4 These terms and conditions shall be governed by and construed in accordance with English Law. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.

13.5 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by any act or event beyond our reasonable control (Event Outside Our Control) for the duration of that event.

13.6 Time is not of the essence in relation to our services/website.

14. How To Contact Us

You can contact Data Orchard in the following ways:

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