Terms and Conditions of Use

Terms and Conditions (including the Privacy Statement)

 

Liverpool City Council (‘Council’) warmly welcomes you to the Live Well website (‘Website’).

 

1.     Owner and operator of this Website

The Council.

2.     Purpose of these terms and conditions (‘Terms and Conditions’)

To set out the terms and conditions of the use of the Website by a user (‘Website User’) in either of the following capacities:

·         As a provider of goods, services, memberships of clubs or the like, volunteer activities etc. wishing to advertise on the Website (‘Provider’):

·         As a person looking to purchase goods, services, memberships, take part in volunteer activities etc. from or with a Provider, or any other visitor the Website (‘Customer’).

3.     Acknowledgements by the Website User

By using this Website, each Website User acknowledges and agrees that:

·         The Website User has read and understood these Terms and Conditions.

·         These Terms and Conditions (and no others) will apply to such use.

4.     Purposes of the Website

To enable Customers to obtain contact and other information about Providers to supply Customers with goods, services, memberships, volunteer activities etc.

5.     Whether the Website User should rely on anything on the Website as professional advice

·         The contents of the Website are for information purposes only.

·         Nothing in this Website should be read as a substitute for professional advice.

·         The Council recommends the Website User obtains suitable expert advice on any matter that reasonably requires it.

·         Any warnings and advice given on the Website regarding protections a Customer should observe when dealing with Providers should be read as not exhaustive.

6.     Extent to which the Council is obliged to allow a Provider’s details to be included on the Website

At its discretion.

7.     Extent to which the Council is entitled to remove a Provider’s details from the Website

It may do so at any time, at discretion.

Given the Provider is not paying the Council for the publication of the Provider’s details on the Website, the parties agree this is reasonable.

8.     Extent of the Council’s liability to the Website User for the Website User’s losses, damage or costs in relation to the following:

(a)   Any inaccurate, incomplete and/or out-of-date information indicated on the Website

·         The Council’s liability is excluded to the fullest extent permitted by law.

·         In relation to contact and other information relating to a Provider: the Council is completely reliant on the Provider ensuring its information is accurate, complete and up-to-date.

(b)   Any acts or failures to act by any Provider whose information is provided on the Website

The Council’s liability is excluded to the fullest extent permitted by law.

The parties acknowledge the following:

·         The Council will not be responsible for any aspect of the provision of any goods, services, memberships, volunteer opportunities etc. provided by the Provider.

·         Any arrangement for the provision of such goods, services, memberships, volunteer opportunities etc. is entirely between the Provider and the Website User.

·         The Council (in its capacity as owner of this Website) has no involvement in any dispute between the Website User and the Provider. The Council may have involvement in other capacities (e.g. trading standards, planning, licensing etc.).

(c)   Removal of a Provider’s details from the Website for any reason

·         The Council’s liability to the Provider is excluded to the fullest extent permitted by law.

·         The parties acknowledge that this is reasonable, given that the Council imposes no charges on the Provider for inclusion of the Provider’s details on the Website.

(d)   Non-availability or discontinuation of the Website

Excluded to the fullest extent permitted by Law.

(e)   Any links to third party websites indicated on the Website from time to time

Excluded to the fullest extent permitted by law, particularly in relation to the following:

·         The content of such third party websites.

·         Any goods and/or services etc. offered by the operators of such third party websites.

·         Whether such links work.

9.     Nature of advice given by the Council on the Website

It is only intended to be a general guide.

Such advice is not intended to be exhaustive, nor tailored to any specific circumstances.

10.  Ownership of copyright and other intellectual property relating to the Website (e.g. URL, written content, artwork, logos, software etc.)

Such intellectual property belongs to the Council or its third party licensors and not to the Website User.

The Website User shall not have any propriety interest in, or any right to use such intellectual property. Exception: to the extent otherwise indicated in clause 11, or to the extent otherwise permitted in writing by the Council or the third party licensor.

11.  Right of the Website User to copy, print out or otherwise use intellectual property described in clause 10

Only as follows:

·         To display content of the Website on an electronic screen.

·         To print out pages, but only for personal, non-commercial purposes.

12.  Specific restrictions on the right of the Website User to copy, print out or otherwise use intellectual property described in clause 10

The Website may not do the following (without limiting the Website User’s restrictions under intellectual property law and regardless of clause 11):

·         Publish any content of the Website in any way.

·         Use any trade marks or logos of the Council for any commercial purpose.

13.  Privacy statement

·         The Council does not collect personal data of any Customer in in any way from the Website.

·         If a Provider is an individual, by providing the Council with personal data (including any sensitive personal data), the Provider gives the Council unconditional consent to use that personal data supplied to the Council for any purpose genuinely connected with this Website, including publication of such data on the Website.

14.  Cookies

The Council uses cookies in the public interface to allow it to personalise the Website to meet your requirements.

If a User does not wish to receive a cookie, then he/she must set his/her web browser to reject or deny it.

In Internet Explorer this can be done by adjusting the privacy settings within “Internet Options” from the “Tools” menu. However, if cookies are turned off it will disable some of the functionality including ‘favourites’ and ’shortlisting’.

15.  Information the Council collects automatically to improve the Website

The Council collects and stores the following information in relation to a visit to the Website that is automatically recognised.

·         Date and time

·         Originating IP

·         Type of browser

·         Operating system used

·         URL of the referring page

·         Object requested

·         Completion status of the request

Visitors to our website remain anonymous as the Council does not seek to link any of the data collected to individuals.

The information only allows the Council to assess the popularity of the pages on the website, so that continual improvements can be made to the site.

16.  Discontinuation of the Website

The Council may discontinue the Website at any time, without requiring notice to (or permission of) any Website User.

17.  Amendment of these Terms and Conditions

The Council may do so at any time by publishing such changes on the Website.

The Council is not required to give notice to (or obtain the permission of) any Website User.

18.  Acknowledgements of the Council and each Website User in relation to the ‘entire agreement’

·         These Terms and Conditions constitute the entire agreement between the Council and each Website User on the relevant subject matter.

·         No Website User relies on any warranty or representation regarding the Website except as expressly indicated in these Terms and Conditions.

19.  Governing law

These Terms and Conditions shall be construed according to English Law.

20.  Resolution of disputes between the Council and any Website User

Disputes between the Council and each Website User regarding the Website (and the Website User’s use of it) and these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts.

21.  Waiver

No waiver of any rights or powers of the Council under these Terms and Conditions is valid unless made in writing, and clearly indicating that it is a waiver of a right or power.

22.  Severability

·         If any provision of these Terms and Conditions is held by any court or similar body to be invalid or unenforceable for any reason, the relevant provision shall be modified by removing or altering those parts of that provision that create the invalidity or unenforceability to the minimum extent necessary to allow the provision to be held to be valid and enforceable.

·         If this is not possible, the entire provision shall be severed from these Terms and Conditions, and the remaining provision shall remain in full force and effect. This clause has no effect to the extent any modification, removal or severance is inconsistent with public policy or materially alters the fundamental nature of this Agreement.