1. Our Agreement

1.1 These terms and conditions (“Terms”) are the terms on which we provide the Concilio Connects: Your Say website, platform and service (“Service”), including the Your Say tool, to you or any person that accesses the Services on your behalf, whether as a guest or a registered user (“you”, “your”). Please read these Terms carefully before subscribing to the Service. You should keep a copy of these Terms for future reference. We draw your attention in particular to the “Limitation of Liability” section.

1.2 A contract between us and you is formed when you accept these Terms. By using the Service, you confirm that you accept these Terms and agree to comply with them. Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of the Service. If you do not agree to these Terms, you may not use the Service.

1.3 These Terms incorporate our Privacy & Cookie Policy (found at http://conciliocomms.com/privacy-policy/ which also applies to your use of the Services. Our Privacy Policy sets out the terms on which we collect, process, share and store any personal data we collect from you, or that you provide to us. Our Cookie Policy sets out information about the cookies on our Site. We will only use your personal data as set out in our Privacy & Cookie Policy. For questions about our data practices, please contact our Data Protection Officer, Xenia Selefkou at xselefkou@conciliocomms.com.

1.4 We may amend these Terms from time to time in order to reflect changes to the Service or for legal, regulatory, security or business reasons. We will give you reasonable notice by email of any changes to these Terms.

1.5 These Terms are only available in the English language.

2. About us

2.1 We are Connilio Comms Limited (we, us or our), a limited liability company with registered number 07260886 having our registered office 84 Aldermans Hill, Palmers Green, London, N13 4PP.

2.2 If you have any questions, complaints or comments about the Service or these Terms then please contact us at xselefkou@conciliocomms.com or 020 3890 7305.

3. The Service

3.1 The Service is designed to be a digital community consultation tool that connects developers and councils with the general public to inform the general public of and collect feedback about projects.

3.2 We are constantly looking for ways to improve and expand the Service. You agree that we may do so to the extent that it is not detrimental to your use of the Service.

4. Your use of the Service

4.1 You are responsible for making all arrangements necessary for you to access the Service. You are also responsible for ensuring that all persons who access our Service through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

4.2 You confirm that all information and details provided by you to us (including on registration and as displayed on any profile) are true, accurate and up to date in all respects and at all times.

4.3.1 use the Service in breach of applicable law;

4.3.2 use the Service in any way that interrupts, damages, impairs or renders the Service less efficient; 4.3.3 impersonate any other person (living or dead);

4.3.4 authorise, encourage or assist any other person to copy, modify, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any software (including source code), databases and other technology that forms part of the Service; or

4.5.5 access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Service security measures.

4.6 We do not guarantee that our Service will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Service without notice. We will not be liable to you if for any reason our Service is unavailable at any time or for any period.

4.7 Your use of the Service grants you no rights to you in relation to our intellectual property rights (“IPR”), including any of our IPR in any aspect(s), database(s) or technology(ies) forming part of, or relating to, the Service.

5. Content

5.1 By submitting information, details, data, text, photos, graphics or any other content whatsoever to us in connection with the Service, you grant us a worldwide licence to use that Content at our own discretion in any media including, without limitation, the right to store, edit, copy, reproduce, disclose, and make it publicly available on the Service and any other ‘Service Offering‘ (being any other form, iteration, derivative or related version of the Service whatsoever, including co-branded or white-labelled versions of (all or parts of) the Service that are distributed either by us, a third party or jointly).

5.2 You promise us that any Content you submit to us via the Service will not infringe the IPR or any rights of any third parties. In relation to any Content you submit which includes any personal information (as defined in the Data Protection Act 2018 or any legislation that replaces it) relating to other people, for example their names or where they appear in photographs, you also promise us that you have the right to do so and have obtained all necessary consents.

5.3 You agree that you will not post any Content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Terms. You also agree not to post any content that is false and misleading or uses the Service in a manner that is fraudulent or deceptive. We will not be responsible, or liable to any third party, for Content or the accuracy of any materials posted by you or any other user of the Service.

5.4 You agree that we can edit or take down from the Service or any Service Offering any Content you submit to us without notice if we believe it is in breach of these Terms. You are responsible for keeping copies of your Content, and we will not make any backup copies or return any Content to you when you cease to use the Service for any reason (including where you choose to, and also where your use or access has been suspended, disabled or terminated).

5.5 You agree to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of clause 5.1 or 5.2 (including if you are unable to validly grant us the rights you agree to grant).

5.6 You acknowledge and agree that, although we use reasonable efforts to alert users of the Service that they may not misuse your Content, we cannot guarantee this and accept no liability to you if it is misused by third parties.

5.7 You also agree that if we, or any part of our business or assets, are sold to, licensed to, acquired by, merged with, or are part of a joint venture with, a third party(ies), that third party(ies) will be entitled to use your Content for any purpose whatsoever without any payment or obligation to you.

6. No reliance on information

6.1 The content on the Service is provided for general information only. It is not intended to amount to 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 on the Service, including entering into any agreement with a user.

6.2 We have no duty to pre-screen content posted on the Service by users, whether directly contributed by a user or contributed by a third party on behalf of a user (including, without limitation, participation in an interactive community or forum).

6.3 Although we make reasonable efforts to update the content on the Service, we make no representations, warranties or guarantees, whether express or implied, that the content on the Service is accurate, complete or up-to-date.

6.4 We make no representations warranties or guarantees about the suitability or quality of any user or service about which information is available on the Service, and the inclusion of any of them on the Service does not constitute any endorsement or recommendation of them by us.

6.5 Where the Service contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

7. Limitation of liability

7.1 We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents.

7.2 We are not liable to you for any:

7.2.1 losses not caused by our breach;

7.2.2 loss of profits;

7.2.3 loss of revenues;

7.2.4 loss of goodwill and/or damage to reputation;

7.2.5 loss of data (including Content);

7.2.6 indirect or consequential losses; or

7.2.7 failure to provide the Service or to meet any of our obligations under these Terms where such failure is due to your breach or events beyond our reasonable control.

7.3 Our total liability to you for any loss or damage howsoever arising out of or in connection with these Terms shall be limited to the fees you pay us in respect of the Service.

7.4 We provide the Service on an ‘as-is’ temporary basis and do not guarantee that the Service will be available or fault free and do not accept any liability for any errors or omissions. We may suspend or terminate the Service without notice at any time if we feel this is necessary (for example for maintenance or upgrades), but will use all reasonable endeavours to notify you of the same in advance. Except as set out in these Terms, we specifically disclaim all warranties and/or conditions, express or implied, in relation to the Service including, but not limited to, any implied term, condition, representation or warranty of satisfactory quality or fitness for a particular purpose.

7.5 To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Service, whether express or implied, including any guarantee that our Service will meet your requirements.

7.6 While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs in the Service, we accept no liability for them.

7.7 We accept no responsibility or liability for, and shall have no involvement with, any contact, relationship, dealing or agreement you may have or enter into with any user introduced to you via the Service. Any contact or relationship (commercial or otherwise) that you have with any user is strictly between you and the user. We accept no responsibility or liability for, and have no involvement with, any such contact or relationship. You agree to: (i) compensate and defend us fully against any claims or legal proceedings brought against us by any other user in respect of any contact or relationship you may have with them; and (ii) you agree that you will not involve us in any dispute between you and any user that is not directly related to a fault with the Service.

8. General

8.1 You agree that we may provide notices to you:

8.1.1 via a banner notice via the Service;

8.1.2 by email sent to your registered email address; or

8.1.3 through other means including mobile number or telephone, or mail.

8.2 We may transfer our rights or obligations (including as part of any sale, licensing arrangement, acquisition, joint venture, merger or re-organisation, of all or any part of our business) or sub-contract our obligations under these Terms to another other legal entity(ies). These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else.

8.3 These Terms constitute the entire agreement and understanding of you and us relating to these Terms and supersedes any previous agreement or understanding between you and us in relation to the same. Neither you nor we have relied on any statement, representation, warranty, understanding, undertaking, promise or assurance (whether negligently or innocently made) of any person that is not set out in these Terms.

8.4 If we delay exercising or fail to exercise or enforce any right available to us under these Terms, this does not constitute a waiver of that right or any other rights under these Terms. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us shall be effective unless it is expressly stated to be a waiver and is communicated to you.

8.5 If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

8.6 These Terms are not intended to give rights to anyone except you and us.

8.7 We will do our best to resolve any disputes over these Terms. If you wish to take court proceedings against us you must do so within the Courts of England and Wales. English law will apply.

Thank you for using the Service.