Terms of use

1. GENERAL

These terms (including the Privacy Policy and any other documents referred to) are the terms (the “Terms“) which apply to your use of the website www.beacouncillor.org.uk (or its replacement or successor URL) and the services offered by us via that website (the “Website“).

Please read these terms carefully before you start to use the Website. If you have any questions or issues please contact us.

By accessing the Website you are deemed to have read and accepted the Terms.

We may make changes to these Terms at any time and such changes will take effect and be binding upon you from the point at which they are posted on the Website. Therefore, you should check these Terms regularly to ensure that you are abiding by the most current version. We may also make changes to the Website from time to time.

 

2. INFORMATION ABOUT US AND THE WEBSITE

The Website is operated by the Local Government Association (“LGA”) and hosted by London Councils.

The LGA is the business name of the following companies limited by guarantee and registered at Local Government House, Smith Square, London SW1P 3HZ:

  • The Improvement and Development Agency. Registered in England and Wales   no. 3675577.
  • The Employers’ Organisation for Local Government. Registered in England and Wales no. 3676611.
  • Local Authorities Coordinators of Regulatory Services. Registered in England and Wales no. 3444743.
  • Leadership Centre for Local Government. Registered in England and Wales no. 05467557 and charity registered in England and Wales no. 1123234.

London Councils limited by guarantee and registered at 59½ Southwark Street, London SE1 0AL.

 

3. ACCESS AND AVAILABILITY

We reserve the right to withdraw, suspend or amend access to all or any part of the Website or cease its operation temporarily or permanently at any time without notice.

We will use reasonable endeavours to ensure that the Website is accessible 24 hours per day but the Website is provided on an “as is” and “as available” basis, and we give no warranties or guarantees that the Website will meet any particular levels of availability or functionality. Therefore, we strongly recommend that you do not post any business critical information or material on the Website and that you keep copies of all information and content you post on the Website in accordance with your employer’s policies and processes.

You are responsible for making all arrangements necessary for you to have access to the Website. We cannot guarantee that the transmission of any information over your internet connection will be secure nor can we guarantee that the Website will be compatible with any or all hardware and software that you may use to visit the Website.

 

4. VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse the Website 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 Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.

We will report any such action to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity where possible to them. In the event of such a breach, your right to use the Website will cease immediately.

 

5. CONTENT

The majority of the information, data, text, software, photographs, graphics, messages, tags, or any other material (“Content“) on the Website is generated by the LGA or London Councils.

Content may be out of date and we make no commitment to update or remove Content. We do not warrant the accuracy, completeness, integrity or quality of any Content on the Website.

Content is for information only and cannot be regarded as constituting advice or recommendations (professional or otherwise) and should not be relied on without taking independent advice. You are solely responsible for any decisions you take based on Content.  We disclaim all liability and responsibility arising from any reliance placed on such materials from any visitor to the site, or by anyone who may be informed of any of its contents.

We reserve the right to consider and respond to requests under the Freedom of Information Act 2000 (“FOI“) for information which might or might not be held on the Website.

 

6. MONITORING

We reserve the right, but have no obligation, to monitor the use of the Website. We reserve the right promptly without notice to you to reject, remove, or edit any Content on the Website without any liability.

If you encounter any content in connection with use of the Website which you think is unacceptable you should report it to us by emailing info@local.gov.uk. We will then review the content and decide whether it complies with the Terms and we will deal with it in our discretion.

Where we consider it appropriate, we will endeavour to contact you to inform you that a complaint has been received in relation to Content which we have uploaded including Content on your behalf, the action that we have taken, our evaluation of the allegation, and what steps (if any) we require you to take.

 

7. POSTING CONTENT ON THE WEBSITE

By making Content available on the Website you grant us (and our agents, successors and assignees) an irrevocable, royalty-free, perpetual licence (with the right to sub-license) to use, distribute, reproduce, modify, adapt, and publicly display your Content on the Website for the purposes of our providing the Website to users and promoting the specific part of the Website to which such Content was made available.

All copyright, trade marks, design rights, database rights and other intellectual property rights in or relating to the Content on the Website (“Our Content“) belong to us or our third party licensors.  You may access, use and reproduce Our Content (excluding any software code) solely for the purposes of your use of the Website.

You may also print, copy or download Our Content provided always that:

  • you acknowledge us as the source of Our Content;
  • all titles credits and URLs are included; and
  • you comply with any legal notice contained in Our Content.

The permission to use Our Content is revocable by us at any time.

 

8. LINKS FROM AND TO THE WEBSITE

Where the Website contains links to websites provided by third parties, these links are provided for your information only. We have no control over the availability or content of such other websites, nor for any products or services available from them. Any such link should not be seen as an endorsement of such websites, or any products or services contained on them.

Please bear in mind that your use of such other websites may be subject to additional terms and conditions imposed by the owners of those websites. Your dealings with such third parties are between you and the third party, and we accept no liability as a result of you accessing such websites or entering into contractual arrangements with the third parties.

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, but 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 from any website that is not owned by you or your employer.

The Website must not be framed on any other site except with our written permission. We reserve the right to withdraw linking permission without notice.

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

 

9. DISCLAIMERS

We do not warrant that the Website is uninterrupted or error free or free of viruses, worms, Trojan Horses or technical defects of any description‚ and we accept no responsibility for any technical problems arising from your use of the Website.

Unless we specifically state otherwise, we provide the Website to you without any conditions, warranties, or guarantees which are expressly excluded to the extent permitted by law.

 

10. OUR LIABILITY TO YOU

Nothing within these Terms operates so as to exclude, limit or restrict our liability for death or personal injury caused by our negligence, for fraudulent misrepresentation or for any other matter for which it would be illegal for us to attempt to limit or exclude our liability.

Subject to the preceding paragraph, our maximum aggregate liability in contract, tort (including negligence) or otherwise arising out of or in connection your use of the Website shall be limited to £2,000,000 Sterling. 

We will not be liable for:

  •   any indirect, consequential or special losses or damages or any loss of profits, data or income arising in contract, tort (including negligence) or otherwise arising out of or in connection with your use of the Website;
  •   all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
  •   any loss, damage, expense, costs, delays or other liability whatsoever (including without limitation any financial losses such as loss of profit) which you may incur as a result of any event beyond our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the Website for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium or any virus infection or denial of service attack).

 

11. YOUR LIABILITY TO US

You agree to indemnify us and keep us indemnified against any and all claims, damages, losses, liabilities and reasonable costs arising from or in connection with your use of and conduct on the Website and your breach of any of the Terms.

 

12. WAIVER

Any failure or delay by us to enforce strict performance by you of any of the Terms or to exercise any right under the Terms will not be regarded as a waiver of any rights.

 

13. SEVERABILITY

If any provision of the Terms is found by any Court, or other competent body to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable, that part shall be deemed to be severable from the Terms and the remaining provisions of the Terms shall continue in full force and effect.

 

14. PARTNERSHIPS

The Terms are not intended, nor shall they operate, to create a partnership or joint venture of any kind between us and you, and you are not authorised to act as our agent.

 

15. THIRD PARTY RIGHTS

Nothing in the Terms shall create or confer any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you or us.

 

16. NOTICES

We may provide you with notices regarding the Website or the Terms by regular mail, email, or postings to this website.

 

17. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and us with respect to the use of the Website and supersede any previous agreements between you and us regarding such subject matter.

 

18. ASSIGNMENT

We may assign, delegate or transfer our rights, liabilities and/or obligations under the Terms without your prior consent and upon such assignment, delegation or transfer we shall be relieved of any further obligations under the Terms. You shall not assign, delegate or transfer any of your rights, liabilities and/or obligations under the Terms without our prior written consent.

 

19. GOVERNING LAW AND JURISDICTION

The interpretation, construction, effect and enforceability of these Terms shall be governed by and construed in accordance with English Law. You and we agree to submit to the exclusive jurisdiction of the English Courts.

 

20. CONTACTING US

You can contact us by emailing info@local.gov.uk or by writing to us at Local Government Association, Local Government House, Smith Square, London SW1P 3HZ.