1. Introduction and Overview
2. Important Matters
4. Use of the Sites
5. Disclaimers and Limitation of Liability
6. Intellectual Property
7. Contributions to the Sites
8. Site Membership and Community Rules
9. Money Matters
10. Data Protection & Privacy
11. General Terms and Conditions
Exigia Ltd., hereafter referred to as 'The Publisher' maintains the websites and domain names www.exigia.com and igtoolkit.com, referred to hereafter as 'The Sites' or 'Sites' or 'Site(s)' as a commercial consultancy and support service primarily, but not exclusively, to support organisations who have an interest in NHS Information Governance and Information Security, especially those required to complete an NHS Data Security and Protection Toolkit.
The primary purposes of the site are:
- To provide an accessible single source of publicly available information about Information Governance, Information Security and The Data Protection and Security Toolkit as they relate to the NHS.
- To promote good practice in Information Governance and Information Security within the NHS and its commercial partners.
- To promote networking within the NHS Information Governance Community and Commercial Third Parties in relation to IG and Information security..
- To develop and provide reasonably priced and effective services and products to assist NHS and commercial organisations
- to attain and maintain good standards of Information Governance and Information Security
- to complete Data Security & Protection (DSP) Toolkit submissions and provide relevant evidence of their compliance with NHS data protection and cyber security standards
- All clients of Exigia Ltd and other parties with an interest in Information Governance and/or Information Security as it applies to the NHS in the UK are cordially invited to become members of Exigia.com.
- Non-residents may also wish to become members, and subject to the resources available, The Publisher will normally accommodate such wishes.
- The Publisher's decisions on matters of membership and all other matters will be final and in particular,
- The Publisher reserves the right at any time to exclude any material he regards as inappropriate or excessive in any way
- The Publisher also reserves the right at any time to deny access to any membership or service provided by the site to any individual or group who in his opinion has abused the privilege of membership in any way
Access to and use of The Site(s) is provided by The Publisher subject to the following terms:
- By using The Site(s) you agree to be legally bound by these terms, which shall take effect immediately on your first use of any of the The Sites. If you do not agree to be legally bound by all the following terms please do not access and/or use The Site.
- The Publisher may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes. Your continued use of The Site after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
- You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use The Site content in any way except for your own personal, non-public and non-commercial use. The term 'commercial' extends to use by NHS and other public sector bodies, which is also prohibited. You also agree not to adapt, alter or create a derivative work from any Site content except for your own personal and non-public use. Any other use of Site content requires the prior written permission of The Publisher and may be subject to a fee.
- You agree to use The Site(s) only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of The Site(s). Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within The Site.
- Site content, including the information, names, images, pictures, logos and icons regarding or relating to The Sites, their products and services (or to third party products and services), is provided "AS IS" and on an "IS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
- Under no circumstances will The Publisher be liable for any of the following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of The Sites regardless of the form of action.
- Nothing published on The Site(s) constitutes legal advice or gives rrise to a solicitor/client relationship. Specialist legal advive sgould be taken in specific circumstances.
- The Publisher does not warrant that functions contained in Site content will be uninterrupted or error free, that defects will be corrected, or that The Sites or the server that makes it available are free of malware, viruses or bugs.
- The names, images and logos identifying The Site or third parties and their products and services are subject to copyright, design rights and trade marks of The Publisher and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of The Publisher, or any other third party.
- For further details for copyright and use of web site material including photographs and images, Please refer to our separate Copyright Policy - available from the Help Menu.
- Further to the above section, by submitting your contribution to The Sites, you warrant that your contribution;
- is your own original work and that you have the right to make it available to The Publisher for all the purposes specified above;
- is not defamatory; and
- does not infringe any law; and
- indemnify The Publisher against all legal fees, damages and other expenses that may be incurred by The Publisher as a result of your breach of the above warranty; and
- waive any moral rights in your contribution for the purposes of its submission to and publication on The Site and the purposes specified above.
You agree to use Site Communities (including Forums and Message Boards) in accordance with the following Membership and Community Rules. These apply across all exigia.com and igtoolkit.com community sites and services. You should, however, read the local house rules of the particular site or service you're using, as there may be some local variations to these rules.
Membership is not restrictive although residence in the United Kingdom and a connection with the NHS are generally required. The Publisher reserves the exclusive right to determine who can be and who cannot be a Member of this and related web sites.
a. About your posts:
- Contributions must be civil and tasteful
- No disruptive, offensive or abusive behaviour: contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble.
- No unlawful or objectionable content: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable.
- If you use multiple logins for the purpose of disrupting the community or annoying other users you may have action taken against your accounts.
- Be patient: users from many backgrounds may be taking part in the relevant Site Community.
- No spamming or off-topic material: we don't allow the submission of the same or very similar contributions many times. Please don't re-submit your contribution to more than one discussion, or contribute off-topic material in subject-specific areas.
- No advertising
- Contributions containing languages other than English may be removed unless allowed in the relevant local house rules.
- No impersonation
- No inappropriate (e.g. vulgar, offensive etc) user names
- You may not refer to specific URLs (web site addresses) unless allowed under the relevant local house rules. If you know of a worthy web site relevant to the discussion topic, please inform the host of the Community area.
- Deliberate misuse of the complaints facility is not permitted. If you persist in doing this action may be taken against your account.
- We advise that you consider the implications very carefully before revealing any personal information about yourself or anyone else (for example: telephone number, home address or email address), and please do not include postal addresses of any kind. If you have a helpful address to share, inform the Webmaster via the 'Contacts' menu link, and he will promote it if he sees fit.
- The above guidance is particularly important in relation to children. The Sites will not normally publish personal information about minors and if they do, it will only do so with the written permission of their parent/s or guardian/s.
c. About the law:
- You may not submit any defamatory or illegal material of any nature to The Sites. This includes text, graphics, video, programs or audio.
- Contributing material with the intention of committing or promoting an illegal act is strictly prohibited.
- You agree only to submit materials which are your own original work. You must not violate, plagiarise, or infringe the rights of third parties including copyright, trade mark, trade secrets, privacy, publicity, personal or proprietary rights.
- The views expressed by contributors to The Site are those of members of the public and are not necessarily those of The Publisher.
d. If you are under 16:
- Please get a parent or guardian's permission before taking part in any Site discussion or before applying for any service.
- Never reveal any personal information about yourself or anyone else (for example, telephone number, home address or email address).
- If you fail to abide by these rules (and/or any variations that may be posted on any page) when using The Sites as a client or as a community service only, you will be sent an e-mail which informs you why your contribution has been rejected or edited. This mail could also include a warning that continuing to break the rules may result in action being taken against your use of The Site.
- This action may include any relevant account or accounts you have been given access to being placed into a state of temporary or permanent suspension.
- If you post or send offensive or inappropriate content anywhere on or to The Sites or otherwise engage in any disruptive behaviour on The Sites, and The Publisher considers such behaviour to be serious and/or repeated, The Publisher may use whatever information that is available to it about you to stop any further such infringements. This may include informing relevant third parties such as your employer, school, email provider or the 'Authorities' about the infringement/s.
- The Publisher reserves the right to delete any contribution, or take action against any account, at any time, for any reason.
- The websites are run as part of a profit-making commercial venture, but no fees are charged for their use.
- If there is any conflict between these terms and specific terms appearing elsewhere on The Sites then the latter shall prevail.
- If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
- These terms shall be governed by and interpreted in accordance with the laws of England and Wales.