Terms and Conditions

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 UK Limited, company registration number 06654748, whose registered office is at:

1 Smithy Court,
Smithy Brook Road,
Wigan
WN3 6PS

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

'We', and 'us' means  Public Consulting Group UK Limited as web site operators, and the Royal Borough of Kensington and Chelsea and the City of Westminster as local authorities.

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

'Portal' and 'this website' means the website located at

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 any subsequent trading via the Portal). They describe the terms and conditions that apply to such 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.

If you do not accept these Terms and Conditions, you should not access the Portal.

GDPR and Privacy Notice

Read our GDPR and Privacy Notice information

Acceptable behaviour and improper use of the Portal and data held within it

Public Consulting Group UK Limited or the Royal Borough of Kensington and Chelsea and Westminster City Council may, at their sole 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 Portal without our prior consent.

You acknowledge that you are solely responsible for any content or other materials that you post to the Portal and that we reserve the right to remove any information which is considered by us to be inappropriate.

In addition, you agree not to use the Provider Portal:

• 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 this Website;
• 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 approved by the relevant local authority (the Royal Borough of Kensington and Chelsea and Westminster City Council). Part of the registration process for the Portal includes authorisation by the relevant local authority. Only approved 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.

Limitation of Liability

The Website Operator accepts no liability in contract, tort or otherwise including negligence for:

• loss of access to the Portal due to routine or emergency maintenance or due to excessive demand for the Portal;
• loss of data including both data sent and other data held by or on behalf of the user;
• delay or failure in receipt of data;

indirect or consequential damages arising from the use of the Portal or relying on its content.

Copyright

The Website Operator owns the copyright in the contents of the Portal and Nic Watts (the illustrator) owns the copyright of the illustrations used. Reproduction in any form or by any means of text, logos or graphics is not allowed without the express, written permission of the Website Operator and the Royal Borough of Kensington and Chelsea and the City of Westminster as local authorities unless otherwise stated.

General

This Agreement shall be governed by and construed in accordance with English law and each party to this Agreement submits to the exclusive jurisdiction of the English courts.

CHANGES to these Terms and Conditions

We may revise these Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained here may also be superseded by provisions or notices published elsewhere on our site.