Website Terms of use

terms and conditions

Introduction

Exigia Ltd maintains exigia.com, www.exigia.com and related domains and websites, in connection with its commercial consultancy and web support business and to:

  • provide an accessible source of publicly available information about Information Governance, Information Security and The Data Protection and Security Toolkit as they relate to existing and potential clients
  • promote good practice in Information Governance and Information Security within the NHS and its commercial partners
  • promote networking within the NHS Information Governance community and Commercial Third Parties in relation to IG and Information Security
  • provide a channel to deliver 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
  • assist organisations to complete Data Security & Protection (DSP) Toolkit, Cyber Essentials and other submissions and provide relevant evidence of their compliance with NHS data protection and cyber security standards

The Terms of Use

  • These Terms of Use apply between you, the User of this website (including any sub-domains and associated websites (collectively hereinafter referred to as 'The Websites', 'Our Websites' or Its Websites'), unless expressly excluded by separate published Terms and Conditions, and Exigia Ltd. (The Company, 'we', 'us', 'our') which owns and operates The Websites. These Terms of Use are in addition to any other contract or contracts between you and Exigia Ltd.
  • Please read these Terms of Use carefully, as they affect your legal rights.
  • Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Websites.
  • If you do not agree to be bound by these Terms of Use, you should stop using Our Websites immediately.
  • In these Terms of Use, User or Users means any third party that accesses Our Websites and is not either (i) employed by Exigia Ltd. and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Exigia Ltd. and accessing Our Websites in connection with the provision of such services.

Membership and use

  • All clients of Exigia and other parties with an interest in Information Governance and/or Information Security, particularly as it applies to the NHS and its partners in the UK, are cordially invited to become users and Members of exigia.com although membership is no a requirement for most purposes.
  • Membership and use of Our Websites is not restrictive, although residence in the United Kingdom is generally required. Non-residents may use Our Websites and/or become Members, subject to the resources available, but there will be limitations.
  • Exigia's decisions on matters of membership and all other matters will be final and in particular:
    • Exigia reserves the right at any time to exclude any material it regards as inappropriate or excessive in any way
    • Exigia reserves the exclusive right to determine who can be and who cannot be a Member of this and related Websites
    • Exigia also reserves the right at any time to deny access to any membership or service provided by the Websites to any individual, group or organisation, who in its opinion, has abused the privilege of membership in any way
    • Exigia reserves the right to terminate membership of dormant accounts and for any other reason without recourse
  • You must be at least 18 years of age to use Our Websites or become Members. By using Our Website and agreeing to these Terms of Use, you represent and warrant that you are at least 18 years of age.
  • You agree to use Uur Websites in accordance with the following Terms of Use. These apply across all The Company's Websites and services. You should, however, read any rules of the particular site or service you are using, as there may be some variations.

Contributions

Where you are invited to submit any contribution to The Websites (including any text, photographs, graphics, video or, programs, code or audio) you agree, by submitting your contribution that your contributions must be:

  • civil and tasteful
  • constructive and polite, not mean-spirited or contributed with the intention of causing trouble
  • not be disruptive, offensive or abusive
  • not contain unlawful or objectionable content, which we consider as harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable
  • 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 Website(s) are those of members of the public and are not necessarily those of Exigia Ltd.

Furthermore

you agree, by submitting your contribution,

  • to grant Exigia Ltd a perpetual, royalty-free, non-exclusive, sub-licence-able right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in the The Company's Data Protection & Privacy Policy. If you do not want to grant to Exigia the rights set out above, please do not submit your contribution to The Websites.
  • that your contribution is your own original work and/or that you have the right to make it available to Exigia for all the purposes specified above and that it is not defamatory and does not infringe any law.
  • that you indemnify Exigia against all legal fees, damages and other expenses that may be incurred by Exigia 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 Websites and the purposes specified above.

Intellectual property and acceptable use

  • Use of our websites and materials contained in them is subject to our Copyright Notice.
  • You acknowledge that you are responsible for any Content you may submit via Our Websites, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through Our Websites any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam.' You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto Our Websites.
  • You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these Terms of Use and will not cause injury to any person; and that you will indemnify The Company for all claims resulting from Content you supply.

Conduct

When using Our Websites you:

  • must not use multiple logins for the purpose of disrupting the community or annoying other users
  • must not use spamming and should avoid off-topic material
  • must not advertise or undertake other commercial promotion
  • must use English rather than any other language
  • must not impersonate any other person or falsely claim employment or membership of any organisation
  • must not use inappropriate (e.g. vulgar, offensive etc.) user names
  • may not refer to specific URLs (web site addresses). If you know of a worthy and relevant website, please inform the Company.
  • must not deliberately misuse any complaints facility
  • must not use Our Websites in any way which causes, or may cause, damage to Our Websites or interferes with any other person's use or enjoyment of The Websites
  • must not use Our Websites in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order
  • make, transmit or store electronic copies of Content protected by copyright without the permission of The Company

Privacy, Data Protection & Cookies

  • Use of Our Websites is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these Terms of Use by this reference. The Privacy Notice and Cookies Policy are also available under the About menu of this website.
  • 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.
  • The above guidance is particularly important in relation to children. The Websites will not normally knowingly publish personal information about minors.

Registration and Security

  • You must ensure that the details provided by you on registration or at any time are correct and complete.
  • You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
  • You may cancel your registration at any time by informing us in writing using our Contact Form or via the address at the end of these Terms of Use. If you do so, you must immediately stop using Our Websites. Cancellation or suspension of your registration does not affect any statutory rights.
  • When you register on Our Websites, you will be asked to create a password, which you should keep confidential and must not be disclosed or shared with anyone.
  • If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password and we may suspend your account.

Availability of the website and disclaimers

  • Online facilities, tools, services or information that The Company makes available through Its Websites (the Services) are provided ''as is" and on an "as available" basis. The Company gives no warranty that the Services will be free of defects and/or faults. To the maximum extent permitted by the law, The Company provides no warranty (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. The Company is under no obligation to update information on Its Websites.
  • Whilst The Company uses reasonable endeavours to ensure that Its Websites are secure and free of errors, viruses and other malware, it gives no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and of their computers.
  • The Company accepts no liability for any disruption or non-availability of the Website.
  • The Company reserves the right to alter, suspend or discontinue any part (or the whole of) Its Websites including, but not limited to, any products and/or Services available. These Terms of Use shall continue to apply to any modified version of The Websites unless it is expressly stated otherwise.

Limitation of liability

  • Nothing in these Terms of Use will:
    • limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable
    • limit or exclude our or your liability for fraud or fraudulent misrepresentation
    • limit or exclude any of our or your liabilities in any way that is not permitted under applicable law
  • We will not be liable to you in respect of any losses arising out of events beyond our reasonable control
  • To the maximum extent permitted by law, The Company accepts no liability for any of the following:
    • any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities
    • loss or corruption of any data, database or software
    • any special, indirect or consequential loss or damage

Links to other Websites

  • Our Websites may contain links to other websites. Unless expressly stated, these websites are not under the control of the Company or that of its affiliates
  • We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them
  • The inclusion of a link to another site on Our Websites does not imply any endorsement of the websites themselves or of those in control of them

Money matters

  • The Websites are run as part of a profit-making commercial venture
  • Currently no fees are charged for their use although some services available via the Websites are chargeable. Where services are chargeable, this will be made clear.

If you breach our Terms of Use

  • If you fail to abide by our Website Terms of Use (and/or any variations that may be posted on any page) when using Our Websites as a Client or as a community service only, you will be sent an e-mail which informs you why your usage is in breach. 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 Websites or otherwise engage in any disruptive behaviour on The Websites, and The Company considers such behaviour to be serious and/or repeated, it 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.
  • Exigia reserves the right to delete any contribution, or take action against any account, at any time, for any reason.

General

  • You may not transfer any of your rights under these Terms of Use to any other person. We may transfer our rights under these Terms of Use where we reasonably believe your rights will not be affected.
  • These Terms of Use may be varied by us from time to time. Such revised terms will apply to Our Websites from the date of publication. Users should check the Terms of Use regularly to ensure familiarity with the then current version.
  • These Terms of Use together with the Privacy Policy and Cookie Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the Terms of Use.
  • The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms of Use and no third party will have any right to enforce or rely on any provision of these Terms of Use.
  • If any court or competent authority finds that any provision of these Terms of Use (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms of Use will not be affected.
  • Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
  • If there is any conflict between these Terms of Use and specific terms appearing elsewhere on The Websites or in any contract you have with Exigia then the latter shall prevail.
  • If anything in these Terms of Use is 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 of Use and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
  • These Terms of Use shall be governed by and interpreted according to the law of England and Wales and all disputes arising under them or any Agreement deriving from them (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Business details

Exigia Ltd. is a company incorporated in England and Wales with registered number 8574507 whose registered address is 4th Floor, 18 St. Cross Street, London EC1N 8UN and it operates Its websites including exigia.com.

Please note that the registered address is for official mail only and not for routine business correspondence. The Company does not operate from or have a physical presence at the registered address.

You can contact Exigia Ltd. by email on This email address is being protected from spambots. You need JavaScript enabled to view it. or via the Contact Form on this Website.

 

Last updated: 01 March, 2021