Provider Terms

Terms and conditions for the use of the Portal as a provider of goods and/or services

Definitions

The definitions and rules of interpretation in this clause apply in these Terms and conditions:

 

'Website Operator' means Public Consulting Group, company registration number 4638120, whose registered office is at:

27 Moorbridge Road,

Maidenhead,

Berkshire,

SL6 8LT

and any other party that it may use to process data on its behalf;

 

'We', and 'us' means Public Consulting Group as web site operators, the local authority;

'You', 'Provider' and related expressions mean the user of the provider functionality with the Portal;

'Portal' and 'this website' means the website located at: http://camdencarechoices.camden.gov.uk/

Paragraph headings shall not affect the interpretation of these conditions.

Words in the singular shall include the plural and vice versa.

 

Use of the Portal

These Terms and conditions apply to users who are registered as providers for the purposes of uploading product and services information on the Portal and subsequent trading via the Portal. They describe the Terms and conditions that apply to users of the Portal and what we will do with any personal information collected from you when using the Portal.

By using the Portal you are deemed to have accepted these Terms and conditions, and agree to have your details made available to the public via the website marketplace.

If you do not accept these terms and conditions, you should not access the Portal.

 

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our site:

Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Portal, you consent to such processing and you warrant that all data provided by you is accurate.

Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of the Portal. When using our site, you must comply with this Acceptable Use Policy.

Our Cookie Policy: ( https://www.camden.gov.uk/ccm/content/council-and-democracy/about-the-council/about-this-site/disclaimer-and-privacy-statement.en?page=6) which sets out information about the cookies on the Portal.

 

Keeping information up to date

By signing these Terms and conditions you agree to keep your information up to date and accept that your content may be removed if this is not done.

 

Complaints procedures

By signing these Terms and conditions you are confirming that you have in place a sufficient procedure for processing and responding to complaints.

 

Data Protection Act 1998 and Privacy notice

System Associates is registered with the Information Commissioner responsible for the Data Protection and Freedom of Information Acts. Our notification can be viewed on the Information Commissioners website.

The Portal enables providers of adult social care to upload information about their products and service provision on the Portal.

Mandatory information collected from providers as part of the registration process is detailed below;

  • Title
  • First name
  • Last name
  • Organisation name
  • Business address
  • Email address
  • Work telephone number

 

Other optional data which can be collected if the provider wishes is detailed below;

  • Home telephone number
  • Mobile telephone number

 

This data is primarily collected and stored for the purposes of enabling approved providers to access the Portal to upload information about service provision.

In addition, personal information will be used for the following purposes in relation to the running of the Portal:

  • dealing with enquiries about the Portal or responding to a request for support from the Portal support service to assist a registered user in the operation and use of the Portal
  • assisting organisations in supporting the registered user in relation to the Portal
  • notification of changes to the Portal
  • notification of developments to the Portal
  • if required to do so by law in urgent circumstances, to protect personal safety, the public or the Portal
  • The Local Authority may use the information as part of the accreditation process but will only use the information for this specific purpose and no records will be retained outside of the Portal
  • Anonymised and statistical data will be shared with the Local Authority. 

 

Any personal information obtained from the Portal may be used by the website operator for the purposes described above, but will not be shared with any other party other than as described or where the website operator is legally obliged to disclose the data.

As a service provider you have responsibilities and obligations to protect data. 

If you handle personal information about individuals, you have a number of legal obligations to protect that information. You can find out more in the Guide to data protection.

The Information Commissioner's Office have developed guidance on Protecting personal data in online services to support companies operating online.

The links are good practice to help protect and support businesses, we recommend that you visit The Information Commissioner's Office website for more details.

 

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of the Portal, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. [If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.]

Any content you upload to the Portal will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us [and other users of the Portal] a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Portal constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Portal.

We have the right to remove any posting you make on the Portal if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

The views expressed by other users on the Portal do not represent our views or values.

We may, at our discretion, take action against your account or accounts, including, but not limited to suspension of your account or accounts for a pre-determined period of time or permanent suspension of your access to the Portal.  If your access has been suspended temporarily or permanently you must not re-register or otherwise attempt to re-access the website without our prior consent.

You acknowledge that you are responsible for any content or other materials that you post to the Portal and that we reserve the right to remove or amend any information which is considered by us to be inappropriate or incorrect. We also reserve the right to amend listings to correct spelling, grammar and typographical errors to retain a high standard of information presentation. This could include removal or resizing of images and improving information layout.

In addition, you agree not to use the Portal:

  • for any unlawful purposes;
  • to transmit or communicate any material which is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy, defamatory, libellous, vulgar or otherwise objectionable;
  • to transmit or communicate any material which infringes our or any other person's copyrights, trademarks, patents, moral rights or other intellectual property rights without formal permission or licence;
  • to transmit or communicate any material that contains images, audio or video recordings, software or other material protected by intellectual property laws (or by the rights of confidentiality or privacy, where applicable) unless you own or control the rights thereto and have received all necessary consents and agreement in relation to any third parties' interest in the material;
  • to transmit or communicate any material which is likely to have a detrimental effect on our or any other person's reputation;
  • harvest content or IP addresses or transmit or communicate any material which contains software viruses or any other files or programs that may interrupt, destroy or limit the functionality of this Website or server or any other computer or that contains any unsolicited or unauthorised materials, chain letters, junk mail, spam or similar;
  • to transmit any material which is likely to cause harm to our or anyone else's computer systems, including but not limited to any virus, code, worm, data or other routine purposely designed to damage or cause any defect, error, malfunction or corruption to any computer system;
  • to restrict or in any way inhibit any person from using the Portal;
  • to transmit or communicate any material in breach of the Computer Misuse Act 1990;
  • to impersonate or falsely state or misrepresent your organisation with any entity or person including without limitation ourselves, or other Portal members;
  • to delete any author contributions, legal notices or proprietary designations or labels in any file which is uploaded or falsify the origin or source of the material which is transmitted or communicated;
  • to provide services or goods that are not appropriate to adult social care and service users of adult social care;
  • to operate the account in such a way that is not appropriate when dealing with vulnerable people;
  • to advertise or trade any goods or service specifically targeted at children;
  • to use the data collected from users of the website for anything other than the delivery of goods and services. 

By uploading data to the Portal you warrant that your data complies with these Terms and conditions, and/or any relevant laws and regulations in force from time to time, and agree to indemnify us against all legal fees, damages and other expenses that may be incurred by Us as a result of your breach of this warranty.

Your registration on the Portal does not automatically grant any rights to you to display or trade any goods or services via the Portal.

All providers must be accredited by the Local Authority. Part of the registration process for the Portal includes authorisation by the relevant local authority. Only accredited Providers will be authorised. Your goods and services will only be made visible to Portal end users once your access has been approved by the relevant local authority.

Once your registration is approved, and you are able to trade via the Portal, you may only sell goods and services to users of the Portal who reside within the area for which your accreditation applies.

 

Our rights

In the event that you breach any of the provisions above, we reserve the right to remove that content or disable access to the Portal and to respond to any complaints made by a third party in respect of that content. We will not be liable to you if we remove any content because we believe that such content breaches the provisions of these Terms.

We shall have the right without notice to record the IP address from which any user submitted content is transmitted or communicated through this Website.

We may also preserve any content that you send or receive if required to do so by law or if reasonably required to ensure compliance with the Terms or to respond to third party complaints about such content.

We reserve the right to delete any data, or take action against any account, at any time, for any reason.

If you post any data on the Portal (other than private account details) you agree to it being published on the Portal which is a public website.

 If you upload any image, media file or video you must have permission and/or the appropriate licence from the original owner of the item. 

 

Security

The Website Operator will use reasonable effort to ensure that all personal information relating to the Provider Portal is secure against unauthorised access.

You will keep any passwords or usernames created for the purpose of your use of the Portal confidential and you agree not to disclose your password and username to anyone else. 

 

Service provision and data

The Portal is intended to be available 7 days a week 24 hours a day, subject to any pre-agreed maintenance slots, and the Website Operator will endeavour to make this so. However, the Website Operator will not be liable for any failure to achieve this level of availability.

The Portal may be suspended with reasonable notice for maintenance or repair and for Portal failure or reasons beyond our control.

The Website Operator will endeavour to exclude viruses from the Portal and the Data but cannot guarantee such exclusion. The user should take appropriate steps in respect of any such risk from virus attack.

The Website Operator is not responsible for the content of external internet sites that link to the Portal or which are linked from it and cannot guarantee that these links will work all of the time and have no control over the availability of the linked pages.

Although the Website Operator has made reasonable efforts to ensure that the information on the Portal is as full and accurate as possible it does not purport that the data is fully comprehensive or accurate. 

 

Equalities

By agreeing to these Terms and Conditions you understand and accept that you must adhere to the Equality Act 2010 and the Public Sector Equality Duty. If you require more information regarding this, please visit: http://www.equalityhumanrights.com/private-and-public-sector-guidance

 

Limitation of Liability

Nothing in these terms of use excludes or limits the website Operator's or London Borough of Camden€™s liability for death or personal injury arising from negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Portal or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, the Portal; or
  • use of or reliance on any content displayed on the Portal.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide the Portal for domestic and private use. You agree not to use the Portal for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Portal or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on the Portal. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

 

No reliance on information

The content on the Portal 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 Portal.

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

 

Intellectual property rights

The website Operator, London Borough of Camden are the owners or the licensees of all intellectual property rights in the Portal, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the Portal for your personal use and you may draw the attention of others within your organisation to content posted on the Portal.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

The website Operator's status (and that of London Borough of Camden€™s), as the authors of content on our site must always be acknowledged.

You must not use any part of the content on the site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the site in breach of these terms of use, your right to use the site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

Viruses

We do not guarantee that the Portal will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Portal, the server on which the Portal is stored or any server, computer or database connected to the Portal. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Portal will cease immediately.

 

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the Portal in any website that is not owned by you.

The Portal must not be framed on any other site, nor may you create a link to any part of the Portal other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of content on the Portal other than that set out above, please contact us.

 

Third party links and resources in the Portal.

Where the Portal 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.

 

Changes to these terms

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

 

Changes to the Portal

We may update the Portal from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that the Portal, or any content on it, will be free from errors or omissions.

 

Accessing our the Portal

The Portal is made available free of charge.

We do not guarantee that the Portal, or any content on it, will always be available or be uninterrupted. Access to the Portal is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Portal without notice. We will not be liable to you if for any reason the Portal is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the Portal.

You are also responsible for ensuring that all persons who access the Portal through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

 

Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.

 

Applicable law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

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