1. Definitions
In these Terms of Service (the “Terms”):
- “Website” means the website available at barmingpc.org.uk and any sub‑pages operated under that domain.
- “User”, “you” and “your” mean any person who accesses or uses the Website.
- “Content” means all text, images, graphics, audio, video, data, documents, software, and other materials available on or through the Website.
- “Services” means any features, information, tools, or functions provided on or through the Website.
2. Acceptance of these Terms
By accessing or using the Website, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.
3. Permitted Use of the Website
You may use the Website and its Content for lawful, personal, and non‑commercial purposes only. In using the Website, you agree that you will not:
- violate any applicable law, regulation, or code;
- infringe the intellectual property or other rights of the Operator or any third party;
- introduce or transmit viruses, malware, or other harmful code, or attempt to gain unauthorised access to any part of the Website, its servers, or related systems;
- use any automated system (including without limitation robots, spiders, or scrapers) to access the Website in a manner that sends more request messages than a human can reasonably produce in the same period;
- interfere with, disrupt, or attempt to circumvent any security or access control measure;
- use the Website in any manner that could damage, disable, overburden, or impair its operation.
4. Intellectual Property
Unless otherwise indicated, the Website and all Content are owned by or licensed to the Operator and are protected by copyright, database rights, and other intellectual property laws. All rights are reserved.
You are granted a limited, revocable, non‑exclusive, non‑transferable licence to access and display the Content on a device for personal, non‑commercial use only. Except to the extent permitted by applicable law that cannot be excluded, you must not copy, reproduce, publish, distribute, display, transmit, adapt, create derivative works from, or otherwise use any Content without our prior written permission or the permission of the relevant rights holder.
Trade names, logos, and trade marks displayed on the Website may be the property of the Operator or third parties. No licence or right is granted to use any trade mark without the express written permission of its owner.
5. Information on the Website
The Website provides general information relating to news and local matters. While we endeavour to keep Content accurate and up to date, the Website may occasionally include errors or omissions. The Content is provided for general information only and is not intended to amount to legal, professional, or other advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content.
6. Third‑Party Content and Links
The Website may reference or provide access to third‑party information, websites, services, or resources. Such references and links are provided for your convenience only. We do not control and are not responsible for third‑party content or resources, and the inclusion of a reference or link does not imply endorsement. Your use of third‑party services may be subject to their terms and policies.
7. User Submissions and Communications
If you submit information, materials, or communications to us via the Website or by the contact details provided on the Website (including but not limited to correspondence, consultation responses, comments, or documents), you:
- represent that you have the right to do so and that your submission is accurate, lawful, and does not infringe the rights of any person;
- grant the Operator a non‑exclusive, royalty‑free, worldwide licence to use, reproduce, store, publish, display, and distribute such materials for the purpose for which they were provided and for the proper performance of our public functions;
- acknowledge that submissions may be recorded as part of council business and, where appropriate, published.
We may remove or decline to publish any submission that, in our reasonable opinion, breaches these Terms or applicable law.
8. Data Protection and Privacy
We process personal data in accordance with the UK General Data Protection Regulation and the Data Protection Act 2018. We will collect and use personal data only where we have a lawful basis to do so, including for responding to enquiries, administering council business, compliance with legal obligations, and performance of tasks carried out in the public interest.
We apply appropriate technical and organisational measures to protect personal data. We retain personal data only for as long as necessary for the purposes for which it is processed and in line with applicable retention requirements for public authorities.
You have rights in relation to your personal data, which may include the right to request access, rectification, erasure, restriction of processing, data portability (where applicable), and to object to processing. You also have the right to lodge a complaint with the Information Commissioner’s Office if you believe your data protection rights have been infringed.
Please note that correspondence and documents held by the Operator may be subject to disclosure under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004, subject to applicable exemptions.
9. Cookies and Similar Technologies
The Website may use cookies or similar technologies to enable essential functionality, improve performance, or gather aggregate analytics. You can control cookies through your browser settings. Disabling certain cookies may affect Website functionality.
10. Availability, Changes, and Maintenance
We do not guarantee that the Website or any Content will always be available, uninterrupted, error‑free, or secure. We may suspend, withdraw, discontinue, or change all or any part of the Website or the Services without notice. We are not obliged to update outdated Content, but may do so at our discretion.
11. Security
While we implement reasonable security measures, the transmission of information via the internet is not completely secure. You are responsible for taking appropriate precautions, including using up‑to‑date antivirus software and maintaining the security of your devices and credentials. You must notify us promptly of any suspected unauthorised use of the Website or any security breach.
12. Limitation of Liability
To the fullest extent permitted by law, the Website and Content are provided “as is” and “as available”, without any warranties, representations, or guarantees, express or implied, including without limitation any implied warranties of accuracy, fitness for a particular purpose, or non‑infringement.
To the fullest extent permitted by law, we will not be liable for any loss or damage arising in connection with:
- use of, or inability to use, the Website;
- use of or reliance on any Content;
- viruses, distributed denial‑of‑service attacks, or other technologically harmful material that may infect your device, programs, data, or other proprietary material due to your use of the Website or downloading Content; or
- third‑party websites, services, or content accessed via the Website.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.
13. Suspension and Termination
We may, at our discretion, suspend or terminate your access to all or any part of the Website if we reasonably believe that you have breached these Terms or applicable law, or where suspension or termination is necessary for maintenance, security, or operational reasons.
14. Changes to these Terms
We may revise these Terms at any time by updating this page. Changes take effect from the date of publication. Your continued use of the Website after changes are posted constitutes your acceptance of the revised Terms. You should check this page periodically to ensure you are aware of any updates.
15. Applicable Law and Jurisdiction
These Terms, their subject matter, and their formation are governed by the laws of England and Wales. You and we agree that the courts of England and Wales shall have non‑exclusive jurisdiction to resolve any dispute or claim arising out of or in connection with these Terms or the Website.
16. General
- If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.
- No failure or delay by the Operator in exercising any right or remedy under these Terms shall constitute a waiver of that or any other right or remedy.
- Headings are for convenience only and do not affect interpretation.
- These Terms constitute the entire agreement between you and the Operator regarding your use of the Website.
17. Contact
To contact us regarding these Terms or the Website, please use the contact details provided on the Website.