Terms & Conditions
TERMS OF SERVICE AND USE
- The FDPR Terms
Creating an account
- When you register an account with FDPR, you will have to provide a password. You must treat your password as confidential and not disclose it to any third party.
Use of the Services
- In using the Services you understand that User Content is not pre-screened by us and we are not responsible for any such User Content. You are solely responsible for any User Content you create. The views expressed in such User Content do not represent the views or values of FDPR.
- You will not create any User Content which is obscene, discriminatory, threatening, offensive, defamatory, abusive, in breach of confidence or privacy, a violation or misappropriation of third party intellectual property rights or other proprietary or contractual rights, or otherwise in breach of or in violation of any applicable law, regulation or code. We reserve the right to remove, from the Services, any User Content that violates the FDPR Terms.
- You must not:
- use the Services for any purpose other than your own personal use;
- access the Services using automated means;
- provide false personal details to us in registering as a Registered User;
- attempt to gain access to the account of, or impersonate, a third party;
- make use of the Services or act in a manner that is hateful, discriminatory or otherwise objectionable (in our sole discretion); or
- do anything that could impair the proper working of any part of the Services or users’ access to the Services.
- You are also responsible for ensuring that all persons who access the Services through your internet connection are aware of the FDPR Terms and that they comply with them.
Use of the Services by minors
- If you are under the age of 18, please review the FDPR Terms with a parent or guardian and ensure that you both understand them.
- If you are under 16 years old by registering with us you certify that your parent or guardian has expressed their consent to you becoming a Registered User.
- If you invite anyone who is under the age of 18 to use the Services, you agree that you will ensure that they understand the content and effect of the FDPR Terms and that they agree to abide by them.
Changes to the FDPR Terms
We keep the FDPR Terms under review and may change or update them from time to time. If we decide to do this, we will post such changes or updates on our website(s), and your continued use of our Services and/or access of our website(s) shall constitute acceptance of these amendments which will then be effective and will bind all future uses of the Services by you.
Changes to the Services
Subject to any rights that you may have under our Terms of Supply, we reserve the right to modify, restrict your access to or terminate the Services or any part of them, whether on a temporary or permanent basis, at any time. We will try to give you notice of any material changes which we make by posting details of these on our website, and/or by emailing you if you are a Registered User.
You are responsible for ensuring that your system and internet connection are adequate to access and use the Services.
Ownership of FDPR Content and User Contents
- We are the owner or licensee of all the intellectual property in the Services (the “FDPR Content”).
- In consideration of you agreeing to the FDPR Terms, we grant you a limited, personal, non-transferable, non-sublicensable licence to download our mobile application(s) and use the Services and the FDPR Content to the minimum extent necessary in order for you to access and use the Services in accordance with the FDPR Terms.
- You must not use any of the FDPR Content for commercial purposes. Where you use any of the FDPR Content for non-commercial purposes, you must acknowledge us (or the relevant rights holder where we are licensee) as the proprietor and, where relevant, author.
- You warrant that you are the owner or licensee of all the User Content that you create, that such User Content does not infringe any third party intellectual property rights and that you have the authority to grant the below licence.
- If you wish to use any third party User Content you must obtain consent from the relevant third party rights holder.
Termination or suspension of your access to the Services
- Subject to our Terms of Supply, you may terminate your account and stop using the Services at any time but this must be done by request in writing via email – firstname.lastname@example.org.
- At any time and without giving you any advance notice, we may suspend your access to the Services on account of routine, planned or emergency maintenance or upgrades to the Services or its supporting hardware and/or software. Where practicable we may post notices of any scheduled maintenance or upgrade in advance on our website.
- Subject to our Terms of Supply and without prejudice to any other right on our part to terminate or suspend the Services or any part thereof under the FDPR Terms, we may at any time terminate or suspend your account and/or any part of it and/or access to all or any part of the Services. If you breach any provision of the FDPR Terms, any licence granted by us to you under them shall automatically terminate. Where any such licence is terminated, you agree to immediately cease using and accessing the Services and to delete any copies of our mobile application(s) held by you.
- Subject to our Terms of Supply and insofar as it is possible to do so by applicable law, our liability (as well as the liability of our directors, employees or other representatives) for any loss or damage whatsoever arising from our termination or suspension of your account or access to the Services is excluded.
- If we terminate your account, you will not create another one without our explicit written permission.
Disclaimers and limitation of liability
- To the fullest extent permitted by applicable law and subject to our Terms of Supply:
- all conditions, warranties and other terms which might otherwise be implied by statute or at law or in equity are now expressly excluded and no representations, warranties or terms of any kind are made in respect of the Services, including, without limitation, warranties as to satisfactory quality, compliance with description or fitness for any particular purpose; and
- neither we nor any of our data providers, affiliates, licensors, suppliers, successors and assignees or their respective officers, employees, agents or contractors (each a “FDPR Party”);
- give any warranty, representation or guarantee that the Services or any feature of them will be available for any period of time, at all or uninterrupted, or free from any error, virus or other harmful components; and
- shall be liable to you for any loss or damage that is suffered or incurred by you in connection with the performance (or non-performance) of the Service(s) or arising from your use of, or inability to use, the Services.
- You agree to indemnify and keep indemnified on demand each FDPR Party in full for the amount of any losses, damages and reasonable costs suffered or incurred by such FDPR Party as a direct result of your use of the Services; any breach of any of your obligations, warranties, representations or undertakings under the FDPR Terms; any improper or illegal use of your account by any person(s); and/or your creation of any User Content.
- The Services may contain links to third party websites. We are not responsible for, nor do we endorse, such third party websites or their content. If you access any third party websites linked to by the Services you do so at your own risk.
- Save for linking to the home page of our website(s) in a fair manner, you agree not to link to or frame any part of our website(s). You agree to remove any link to our website(s) or frame of its content immediately upon our request.
- If the whole or any part of any provision of the FDPR Terms is or becomes invalid, void or unenforceable for any reason, the affected provision(s) shall be severed from the FDPR Terms and shall in no way affect the validity or enforceability of any of the other provisions.
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that we have to you that is caused by any event, act, omission or circumstance beyond our reasonable control.
- The FDPR Terms contain the entire agreement, and supersede any previous agreement (whether oral or written), between FDPR and you in relation to the subject matter of the FDPR Terms
- The FDPR Terms and any related dispute or claim (contractual or non-contractual) shall be governed by, and interpreted in accordance with, English law and subject to the non-exclusive jurisdiction of the English courts. We reserve the right to bring any action(s) in any other court(s) of competent jurisdiction.