WEBSITE TERMS AND CONDITIONS

 
 

1. Introduction

If you continue to browse and use this website you are agreeing to comply with, and be bound by, the following terms and conditions. If you disagree with any part of these terms and conditions, you should not use our website. Use of our website includes accessing, browsing, or registering to use products and services on our site.

Please also refer to our Privacy 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. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

The term ‘Data Orchard’ or ‘us’ or ‘we’ refers to the owners of the website.

2. Information about us

Data Orchard CIC 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 CIC.

3. Intellectual property rights

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.

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 without obtaining a licence to do so from us.

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. Copyright notice

4.1. Copyright © 2019 Data Orchard

4.2. Subject to the express provisions of these terms and conditions:

  1. We, together with our licensors, own and control all the copyright and other intellectual property rights in our websites and the material on our website; and

  2. All the copyright and other intellectual property rights in our website and the material on our website are reserved.

4.3 A Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0) licence applies to Data Orchard’s Data Maturity Self Assessment Tool and Data Maturity Framework.

5. Licence to Use Website

5.1 Subject to the terms and conditions of this Public Licence, Data Orchard hereby grants you a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable licence to exercise the 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.

5.2 No endorsement

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 as provided in Section 6.1.

6. Licence conditions

Your exercise of the Licensed Rights is expressly made subject to the following conditions for Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0)

You are free to:

SHARE

Copy and redistribute the material in any medium or format

ADAPT

Remix, transform, and build upon the material. The licensor cannot revoke these freedoms as long as you follow the licence terms.

UNDER THE FOLLOWING TERMS:

6.1 Attribution

You must give appropriate credit to Data Orchard and any others designated to receive attribution, a copyright notice and notice that refers to the disclaimer, provide notification and a link to the public licence, a URI or hyperlink to the licensed material, indicate if changes were made and retain an indication of any previous modifications. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.

6.2 NonCommercial

You may not use the material for commercial purposes.

6.3 ShareAlike

If you remix, transform, or build upon the material, you must distribute your contributions under a Creative Commons licence with the same Licence Elements, this version or later - Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0).

6.4 No Additional Restrictions

You may not apply legal terms or technological measures that legally restrict others from doing anything the licence permits.

6.5 Notices

You do not have to comply with the licence for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation.

No warranties are given. The licence may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.

7. Acceptable Use

You may use our site only for lawful purposes.

You may not use our site for the following:

  • in any way that breaches any applicable local, national or international law or regulation;

  • in any way that is unlawful, illegal, fraudulent, or harmful or has any unlawful, illegal, fraudulent or harmful purpose or effect;

  • to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam), or for your own commercial or business purposes;

  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, rootkit, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

  • You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our 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 breaches 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 our site will cease immediately.

You also agree:

  • not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms and conditions of website use

  • not to access without authority, interfere with, damage or disrupt

    • any part of our site

    • any equipment or network on which our site is stored

    • any software used in the provision of our site

    • any equipment or network or software owned or used by any third party.

  • to ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

8. Disclaimer

The Data Orchard website and Data Maturity Self-Assessment tool has been created by Data Orchard CIC for information purposes. Data Orchard CIC reserves the right to amend or replace the website and tool at any time.

This data maturity self-assessment tool has not been independently verified. Data Orchard’s directors, employees, associates, and partners do not make any representation or warranty, express or implied, as to the accuracy, completeness or fairness of any information provided in connection with the data maturity self-assessment tool, and none of such parties shall have any liability for the information contained in, or for any omissions from the assessment questions or reports generated.

9. Accounts

9.1 Account registration

You may register for an account using our data maturity self-assessment tool by completing the account registration form on our website.

9.2 Cancellation and suspension of account

We may suspend, edit, and/or delete your account at any time in our sole discretion without notice or explanation.

You may cancel your account by contacting us using the details at the end of this document.

10. Limited warranties

Our site is made available free of charge.

10.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

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

(d) You are responsible for making all arrangements necessary for you to have access to our site.

(e) You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and conditions, and that they comply with them.

10.2 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; and save to the extent expressly provided otherwise in these terms and conditions, 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.

10.3 To the maximum extent permitted by applicable law and subject to Section 10.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

11. 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 any other liability that cannot be excluded or limited by English law.

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.

We will not be liable to any user 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, our site; or

  • use of or reliance on any content displayed on our site.

If you are a business user, please note that 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.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

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 Terms and conditions of supply.

11.1 Viruses

We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your digital tools, computer programmes and platform in order to access our site. You should use your own virus protection software.

11.2 Linking to our 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 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. If you wish to make any use of content on our site other than that set out above, please contact info@dataorchard.org.uk.

11.3 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.

12. 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 30th September 2019. Please check this page from time to time to take notice of any changes we have made, as they are binding on you.

13. Entire agreement

Subject to section 10.1, these terms and conditions, together with our Privacy Policy (which includes our cookies policy), shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

14. Applicable law

14.1 These terms and conditions shall be governed by and construed in accordance with English Law.

14.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

15. Our Contact Details

You can contact Data Orchard in the following ways:

Thank you for visiting our site.