This agreement applies as between you, the User of this Website and COMMON WEAL LIMITED, a company incorporated in Scotland (Number SC483485) and whose Registered Office is at Wildwood House, Westhill Lane, Biggar, South Lanarkshire, ML12 6GY the owner(s)/licensors of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
You must be at least 18 years old to use this Website, if you are not 18 years old then you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance.
In this Agreement the following terms shall have the following meanings:
|“Cookie”||means a small text file placed on your computer or device by Our Website when you visit certain parts of Our Website and/or when you use certain features of Our Website. Details of the Cookies used by Our Website are set out in Clause 10, below;|
|“Cookie Law”||means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;|
|“CW”||means the said Common Weal Limited;|
|“Data”||means collectively all information that you submit via the Website. This definition shall, where applicable, incorporate the definitions provided in the GDPR and the DPA;|
|“personal data” “processing” and “data subject”||shall have the meanings ascribed to them int the Privacy Legislation;|
|“Database”||means the database stored on the Platform which contains inter alia User Data;|
|“DPA”||means the Data Protection Act 1998 and any modification, amendment or re-enactment thereof;|
|“GDPR”||means Regulation (EU) 2016/679 as amended, replaced, supplemented or adopted into United Kingdom Legislation from time to time;|
|“Intellectual Property”||means all patents, registered designs, trademarks and service marks (whether registered or not), copyright, database rights, design right, know how, algorithm, trade secrets, information and all similar property including that subsisting (in any part of the world) in inventions, designs, performances, computer programs, semiconductor topographies, Confidential Information, business names, goodwill, Graphical User Interfaces, Menu Command Hierarchy and the styles of presentation of goods or services and in applications for protection of them in any jurisdiction;|
|“Platform”||means the hardware and software environment in which the Services operate, which comprises one or more server computers (whether virtual or not), mirroring/duplicating/back-up and storage systems and relative hardware operating software, virtual machine software (where relevant), operating system software, database software, anti-virus and security software, switches, power supplies and telecommunications infrastructure;|
|“Privacy Legislation”||means the GDPR, the DPA, the Data Protection Directive (95/46/EC), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and all applicable laws and regulations relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner (as amended, incorporated into United Kingdom Law or replaced from time to time);|
|“Service(s)”||means collectively any online facilities, tools, Systems, services or information that We make available through the Website either now or in the future;|
|“System”||means any online communications infrastructure that We make available through the Website and/or the Platform either now or in the future and whether administered by Us or by a third party. This includes part of the Services and also, but is not limited to, completion of Assessments, web-based email, message boards, live chat facilities and email links;|
|“User” / “Users”||means you/any third party that accesses the Website and is not employed by Us and acting in the course of their employment;|
|“User Content”||means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on, is uploaded to or forms part of an Assessment or the Services and has been uploaded by a User;|
|“User Data”||means Data created via an Assessment and stored in the Database;|
|“Website”||means the website that you are currently using (https:// actionforhelp.co.uk/) and any sub-domains of this site (e.g. https://actionforhelp.co.uk/cw) unless expressly excluded by their own terms and conditions.|
|“We/Us/Our”||means the said CW;|
- This Website, relies on the accurate and truthful input of information and answers by you. False, misleading and inaccurate information and answers will result in inaccurate results. Please be honest and thorough and do not withhold relevant information.
- Whilst reasonable endeavours have been made to ensure that all information, advice and recommendations provided by us will be accurate and up to date, we make no warranty or representation that this is the case. We make no guarantee of any specific results from the use of this Website.
- Subject to the exceptions in Clause 4 of these Terms and Conditions, all Content included on the Website, including any material that is not User Content, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software and the Database is the property of CW, or Our affiliates or licensors. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and international Intellectual Property and other laws.
- You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website as specified in Clause 4 of these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Website or unless given Our express written permission to do so. Specifically, you agree that you will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given Our express written permission to do so.
- The Intellectual Property rights subsisting in the User Content belong to the User to which that Content belong(s) unless it is expressly stated otherwise.
- Where expressly indicated, certain Content available through the Website and the Intellectual Property rights subsisting therein belongs to other parties.
- The Content described in this Clause 3, unless expressly stated to be so, is not covered by any permission granted by these Terms and Conditions to use Content from the Website. The exceptions in Clause 4 continue to apply.
- For the avoidance of doubt, the Database shall not be considered User Content.
- Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
- Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images, films, music and other media and descriptions and designs belong to the manufacturers or distributors of such products as may be applicable.
- Subject to Clause 4 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
When using any System on the Website you should do so in accordance with the following rules:
- You must not use obscene or vulgar language;
- You must not submit User Content that is unlawful or otherwise objectionable. This includes, but is not limited to, User Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- You must not submit User Content that is intended to promote or incite violence;
- You must not submit User Content which contains any material that is unlawful or otherwise objectionable (including that which may be in breach of rules, regulations or legislation in force in the United Kingdom or any other jurisdiction in which your User Content can be lawfully accessed;
- It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
- The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- You must not use our System for any political comment, campaigning, lobbying or other political or party-political use.
- You must not impersonate other people, particularly employees and representatives of ours or our affiliates; and
- You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
- You acknowledge that We reserve the right to monitor any and all communications made to us or using our System.
- You acknowledge that We may retain copies of any and all communications made to us or using our System.
- You acknowledge that any information you send to us through our System may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
- You agree that you will be solely responsible for any comments you make anywhere on this Website or tweeted or re-tweeted to or posted on any social media site. Specifically, you agree, represent and warrant that you have the right to use the User Content that you submit and that your posts, or comments comply with Clause 8.1.
- You agree that you automatically grant us a worldwide, perpetual, irrevocable, royalty free licence to use the User Content specified in Clause 8.4 in any way we deem appropriate including, but not limited to:
- the use, publication, distribution, transmission, broadcasting, licensing, sub-licensing, leasing, lending and sale of your User Content; and
- the creation, use, publication, distribution, transmission, broadcasting, licensing, sub-licensing, leasing, lending and sale of any derivative works based upon your User Content.
- Our use of the feedback shall not bestow any rights or interests upon you whatsoever.
- You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 8.1. You will be responsible for any loss or damage suffered by Us as a result of such breach.
- These terms apply to CW’s use of any and all Data collected by it in relation to your use of the Website.
- This Policy applies only to the actions of CW and Users with respect to the Website.
- As a data subject, you have the following rights under the GDPR, which these Terms and Conditions and CW use of personal data have been designed to uphold:
- The right to be informed about CW’s collection and use of personal data;
- The right of access to the personal data CW holds about you (see Clause 9.5);
- The right to rectification if any personal data CW holds about you is inaccurate or incomplete (please contact CW using the details in Clause 9.5);
- The right to be forgotten – i.e. the right to ask CW to delete any personal data CW holds about you in certain circumstances in accordance with the Privacy Legislation (CW only hold personal data for a limited time, as explained in Clause 9.10 but if you would like CW to delete it sooner, please contact CW using the details in Clause 9.27). Please note that deletion of certain personal data may prevent the Website from functioning;
- The right to restrict (i.e. prevent) the processing of personal data;
- The right to data portability (obtaining a copy of personal data to re-use with another service or organisation);
- The right to object to CW using personal data for particular purposes; and
- Rights with respect to automated decision making and profiling.
- If you have any cause for complaint about CW’s use of personal data, please contact CW using the details provided in Clause 9.27 and CW will do its best to solve the problem for you. If CW are unable to help, you also have the right to lodge a complaint with the UK’s supervisory authority, the Information Commissioner’s Office details of which can be found here https://ico.org.uk/
- Without limitation, any of the following Data may be collected by Us from time to time:
- date of birth;
- sexual orientation;
- job title;
- country of origin;
- contact information such as email addresses and telephone numbers;
- demographic information such as post code, preferences and interests;
- financial information such as credit / debit card numbers;
- IP address (automatically collected);
- web browser type and version (automatically collected);
- operating system (automatically collected);
- a list of URLs starting with a referring site, your activity on the Website, and the site you exit to (automatically collected).
- All personal data is processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. CW will comply with its obligations and safeguard your rights under the GDPR at all times. For more details on security see Clauses 9.11, 9.12, 9.13 and 9.14, below.
- CW’s use of personal data will always have a lawful basis, either because it is necessary for CW’s performance of a
contract with you, because you have consented to CW use of personal data (e.g. by subscribing to emails or for delivery
of information to the User), or because it is in CW’s legitimate interests. Specifically, CW may use personal data for
the following purposes:
- internal record keeping;
- improvement of CW products / Services;
- transmission by email of promotional materials that may be of interest to you;
- market research;
- analysing your use of the Website and gathering feedback to enable CW to continually improve the Website and your user experience;
- for the purposes set out in Clauses 9.8, 9.15, 9.16, 9.17, 9.18, 9.19 and 9.20.
- With your permission and/or where permitted by law, CW may also use your Data for marketing purposes which may include contacting you by email and/or telephone and/or text message and/or post with information, news and offers on CW’s products and/or services. CW will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that it fully protects your rights and complies with its obligations under the Privacy Legislation.
- You have the right to withdraw your consent to CW using your personal data at any time, and to request that CW amend or update and to the extent permitted by the Privacy Legislation delete the whole or part it; however this may adversely affect the delivery, use and function of the Software.
- CW does not keep personal data for any longer than is necessary in light of the reason(s) for which it was first
collected. Data will therefore be retained for the following periods (or its retention will be determined on the
- Any personal Data you submit will be retained by CW for eight years and thereafter either deleted or anonymised in accordance with the Privacy Legislation.
- CW only keeps personal data for as long as CW needs to in order to use it as described in Clauses 9.8, 9.15, 9.16, 9.17, 9.18, 9.19 and 9.20., and/or for as long as CW has your permission to keep it.
- Some or all of your Data may be stored outside of the EEA (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein) or the United Kingdom. You are deemed to accept and agree to this by using the Website and submitting information to CW. If CW does store Data outside the EEA or the United Kingdom, CW will take all reasonable steps to ensure that your Data is treated as safely and securely as it would be within the UK and under the GDPR including:
- In the event that We appoint a Processor, We shall:
- enter into a Processing Agreement with the Processor which shall impose upon the Processor the same or similar obligations as are imposed upon Us by this Agreement;
- ensure that the Processor complies fully with its obligations under the Processing Agreement and the GDPR; and
- remain fully liable to the Customer for performance of the Processor’s obligations to the extent the Processor fails to fulfil their data protection obligations.
- The third-party data may be processors used by Us and listed below are located outside of the EEA:
- Facebook Inc;
- Twitter Inc;
- ActiveCampaign LLC;
- Zapier Inc;
- Google Inc;
- Zendesk .
- Data security is very important to CW, and to protect your Data CW have taken suitable measures to safeguard and secure Data.
- Steps CW takes to secure and protect your Data include:
All the personal data you provide to Us over http://actionforhelp.co.uk/cw is transferred and protected over a secure SSL connection;
- Password protected;
- Role based access and admin roles to prevent unauthorized access to personal data;
- Dual factor authentication;
- Regular back-ups;
- Data minimisation;
- Dashboards and alerts to enhance system control and monitoring;
- Systems, devices and software are kept up to date;
- Spam protection.
Notwithstanding the security measures that We take, it is important to note that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to Us data via the Internet.
- CW may share your Data with other companies in CW’s group for administrative and internal management. This includes CW’s subsidiaries.
- CW may sometimes contract with third parties to supply products and services to you on its behalf. These may include payment processing, delivery of goods, search engine facilities, advertising, and marketing. In some cases, the third parties may require access to some or all of your Data. Where any of your Data is required for such a purpose, CW will take all reasonable steps to ensure that your Data will be handled safely, securely, and in accordance with your rights, CW’s obligations, and the obligations of the third party under the Privacy Legislation.
- In certain circumstances, We may be legally required to share certain data held by Us, which may include your personal data, for example, where We are involved in legal proceedings, where We are complying with legal requirements, a court order, or a governmental authority.
- CW may compile statistics about the use of products and Services including data on traffic, usage patterns, user numbers, and other information. All such data will be anonymised and will not include any personal data, or any anonymised data that can be combined with other data and used to identify a User. CW may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the Privacy Legislation and other applicable laws.
- By using the Services you agree to:
- your anonymised Data being used for research and statistical analysis;
- your Data being used for future ethically approved studies;
- your Data being looked at/studied by the NHS or regulatory/other medical authorities.
- In certain circumstances, CW may be legally required to share certain Data held by it, which may include your personal data, for example, where CW are involved in legal proceedings, where CW are complying with legal requirements, a court order, or a governmental authority.
- CW may, from time to time, expand or reduce its business and this may involve the sale and/or the transfer of control of all or part of its business. Any personal data that you have provided will, where it is relevant to any part of CW’s business that is being transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of these Terms and Conditions, be permitted to use that Data only for the same purposes for which it was originally collected by CW.
- In the event that any of your Data is to be transferred in such a manner, you will not be contacted in advance and informed of the changes.
- When you submit personal data to CW, you may be given options to restrict CW’ use of your Data. In particular, CW aims to give you strong controls on its use of your Data for direct marketing purposes, including the ability to opt-out of receiving emails from CW which you may do by unsubscribing using the links provided in CW’s emails.
- You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.
- CW uses analytics services provided by Google Analytics, to collect and analyse anonymous usage information, enabling CW to better understand how the Services are used. This, in turn, enables CW to improve the Services.
- You have the right to ask for a copy of any of your personal data held by CW (where such data is held) on payment of a small fee which will not exceed £20. Please contact CW for more details using the contact details below in Clause 9.27.
- If you have any questions about the Software or these Terms and Conditions please contact CW by email, using the email address published on our Website or by post to Our Premises. Please ensure that your query is clear, particularly if it is a request for information about the Data CW hold about you (as under Clause 9.5, above).
- CW may change these Terms and Conditions from time to time (for example, if the law changes). Any changes will be immediately posted on this Website and you will be deemed to have accepted the terms of the Terms and Conditions on your first use of the Services following the alterations. CW recommend that you check this page regularly to keep up-to-date.
We may change these Terms and Conditions from time to time (for example, if the law changes). Any changes will be immediately posted on Our Website and you will be deemed to have accepted the new Terms and Conditions on your first use of Our Website following the alterations.
- We make no warranty or representation that the Website or the Services will be compatible with all systems, or that it will be secure.
- Save for the discretionary screening and approval as detailed in Clause 3, We have neither control over, nor involvement in, any User Content and accept no responsibility for any actions taken by any Users or products provided by third parties.
- Whilst reasonable endeavours have been made to ensure that all information provided on this Website will be accurate and up to date, CW makes no warranty or representation that this is the case. CW makes no guarantee of any specific results from the use of its Services.
- No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
- CW makes no representation or warranty that any part of this Website is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
- When providing digital content to consumers, CW is required to provide digital content that is of satisfactory quality, fit for any purpose made known to us (whether expressly or impliedly), and in accordance with any descriptions (and pre-contract information) given by Us. This includes any digital content CW may subsequently modify. If CW fails to comply with its legal obligations, consumers may be entitled to certain legal remedies including price reductions. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens Advice Bureau or Trading Standards Office.
- Whilst CW exercises all reasonable skill and care to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
- If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
- CW accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and state-mandated censorship.
- CW reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the Content and Services available. Where anything you have paid for is made unavailable and you are entitled to a refund as a result, CW will inform you of the refund due and it will be paid within 14 days using the same method originally used by you. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
- To the fullest extent permissible by law, CW accepts no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, delict (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Website or the use of or reliance upon any Content or Services included on the Website.
- To the fullest extent permissible by law, CW excludes all representations, warranties, and guarantees (whether express or implied) that may apply to the Website or any Content or the Services.
- If you are a commercial user, CW accepts no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
- CW exercises all reasonable skill and care to ensure that the Website is free from viruses and other malware. CW accepts no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of the Website (including the downloading of any content from it) or any other site referred to on the Website.
- CW neither assumes nor accepts responsibility or liability arising out of any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, Platform failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
- Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and CW.
- All notices / communications shall be given to Us either by post to Our Premises at the address given above or by email, using the email address published on our Website. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- CW may from time to time, if you opt to receive it, send you information about Our products and/or services.
- These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with Scots law.
- If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency. If you are not resident in the United Kingdom any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the Scottish courts.