Using our sites
The contents of our websites, including any software, are protected by intellectual property rights and other related rights. All such rights are reserved.
You are not permitted to link to or use all or any part of our websites for any purpose that breaches any applicable local, national or international law or regulation or for any purpose that is defamatory, harmful, obscene or objectionable. You are not permitted to transmit anything which, in the opinion of Baker Richards Consulting Ltd or Indigo Cultural Consulting Ltd, harms our business or in any way offends other users or persons.
You must not post onto, transmit or knowingly introduce to our websites any material containing viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware, which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our sites, the servers on which our sites are stored or any server, computer or database connected to our sites. You must not attack our sites 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. Your right to use our sites will cease immediately.
You also agree:
- not to reproduce, duplicate, copy or re-sell any part of our websites without our express prior written permission;
- not to access without authority, interfere with, damage or disrupt:
- any part of our sites;
- any equipment or network on which our sites are stored;
- any software used in the provision of our sites; or
- any equipment or network or software owned or used by any third party.
Accessing our sites
If you choose, create or you are provided with, a user identification code, username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and 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 opinion you have failed to comply with any of the provisions of these terms of use.
Regular security reviews are held by us to ensure that our sites remain safe and secure for your protection. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our sites; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
Interactive Services
We may from time to time provide interactive services on our websites. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our sites. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our sites, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
The following content standards apply to any and all material which you contribute to our websites and to any associated interactive services. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
- be accurate (where they state facts);
- be genuinely held (where they state opinions);
- comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- contain any material which is defamatory of any person;
- contain any material which is obscene, offensive, hateful or inflammatory;
- promote sexually explicit material;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trade mark of any other person;
- be likely to deceive any person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- give the impression that they emanate from us, if this is not the case; or
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Limitation of liability
The material displayed on our websites is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, both we and third parties connected to us, hereby expressly exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our sites or in connection with the use, inability to use, or results of the use of our sites, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
- We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our sites or to your downloading of any material posted on our sites, or on any website linked to our sites.
- This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Links from our sites
Where our websites contain links to other sites, products, services, content and/or resources provided by third parties, these links are provided for your information only and you proceed at your own risk.
We have no control over the contents of those sites or resources and accept no responsibility or liability for anything accessed through or any use of any linked site. Please refer to their respective privacy notices to learn more about how they process personal information.
Suspension and Termination
Failure to comply with our terms of use constitutes a material breach of the terms upon which you are permitted to use our sites, and may result in our taking all or any of the following actions:
- immediate, temporary or permanent withdrawal of your right to use our sites;
- immediate, temporary or permanent removal of any posting or material uploaded by you to our sites;
- 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.
Governing law
This policy and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of England and Wales which include but are not limited to the UK General Data Protection Regulation and the Data Protection Act 2018.