Welcome to our Privacy & Cookies Policies page, please navigate to the appropriate policy via the tabs below.

If you have any questions about our policies or information we may hold about you, please contact Neil Butcher our Data Protection Officer. Email dpo@wcbs.co.uk or write to us at WCBS, Landmark House, Wirrall Park Road, Glastonbury, Somerset, BA6 9FR.

Privacy Policy

This website is operated by WCBS.

We take your privacy very seriously and we ask that you read this privacy policy carefully as it contains important information on:

  • the personal information we collect about you
  • what we do with your information, and
  • who your information might be shared with.

We may change this privacy policy from time to time. You should check this policy occasionally to ensure you are aware of the most recent version that will apply each time you access this website.

Who we are

West Country Business Systems (Holdings) Limited (‘we’ or ‘us’) are a ‘data controller’ for the purposes of the Data Protection Act 1998, the General Data Protection Regulation (EU) 2016/679 and any subsequent UK data protection legislation and we are responsible for, and control the processing of, your personal information.

What information we collect

Personal information provided by you

We collect personal information about you (such as your name, address, telephone number, email address, job title, payment details) when you register with us or purchase products or services from us. We also collect personal information when you contact us, send us feedback, post material to our website, sign up to newsletters, complete customer surveys or participate in competitions.

Personal information about other individuals

If you give us information on behalf of someone else, you confirm that the other person has appointed you to act on his/her behalf and has agreed that you can:

  • give consent on his/her behalf to the processing of his/her personal data;
  • receive on his/her behalf any data protection notices; and
  • give consent to the transfer of his/her personal data abroad.

Legal basis for processing your data

We may process your data because:

  • we are legally obliged to e.g. to confirm your identity;
  • the processing is necessary for the performance of the contract with you to provide our products and services; or
  • it is in our legitimate business interests to do so.

In some instances, we will rely on your consent to process personal data and where we do this, it will be flagged to you at the time.

Monitoring and recording communications

We may monitor and record communications with you (such as telephone conversations and emails) for the purpose of monitoring customer relationships, sales and prospective sales and to provide historical reference for sales, support requests etc.

Use of cookies

A cookie is a small text file which is placed on to your computer (or another electronic device) when you use our website. We use cookies on our website to:

  • recognise you whenever you visit this website (this speeds up your access to the website as you do not have to log in each time);
  • obtain information about your preferences, online movements and use of the internet;
  • carry out research and statistical analysis to help improve our content, products and services and to help us better understand our visitor and/or customer requirements and interests;
  • make your online experience more efficient and enjoyable.

The main cookies that we use provide us with valuable data about our website. These are completely anonymous, telling us information such as how many people have visited our website and which pages are the most popular. This allows us to ensure that our website is doing its job and make improvements to help you use the site. This information is really useful to us, but if you would like to opt out, you can do so at http://tools.google.com/dlpage/gaoptout.

Our website is built using technology by Microsoft and this also uses cookies that help the site to work better for you and monitors the pages that you visit. Again, this information is completely anonymous and is stored on your computer for a very short period of time. We also link to other websites such as Twitter and YouTube. We’re pretty sure that they use the same kind of cookies but as these sites are not controlled by us, we cannot guarantee the cookies that they are using and suggest that you read their privacy policies to be absolutely sure. We hope this is ok, but if you are unhappy with cookies being used, the best way around this is to turn cookies off in your browser settings so they are not used on any website. To do this, you can go to your privacy settings in either Tools or Options depending on your browser.

The information we obtain from our use of cookies will not usually contain your personal data. Although we may obtain information about your computer or other electronic device such as your IP address, your browser and/or other internet log information, this will not usually identify you personally.

In most cases we will need your consent in order to use cookies on this website. The exception is where the cookie is essential in order for us to provide you with a service you have requested.

There is a notice on our home page which describes how we use cookies and which also provides a link to our website privacy policy. If you use this website after this notification has been displayed to you, we will assume that you consent to our use of cookies for the purposes described in this policy and our website privacy policy.

Third-party cookies

We work with third party suppliers who may also set cookies on our website, for example Google Analytics. These third-party suppliers are responsible for the cookies they set on our site. If you want further information, please go to the website for the relevant third party. You will find additional information in the table below.

Description of cookies

The below provides more information about the cookies we use and why:

Name of cookie: Google Analytics
Owner: Google Inc.
Purpose for the cookie: This is a web analytics service provided by Google Inc which uses cookies to show us how visitors found and explored our site, and how we can enhance their experience. It provides us with information about the behaviour of our visitors (e.g. how long they stayed on the site, the average number of pages viewed) and also tells us how many visitors we have had.

You can set your browser not to accept cookies and the websites below tell you how to remove cookies from your browser. However, some of our website features may not function as a result.

For further information about cookies and how to disable them please go to the Information Commissioner’s web page on cookies:https://ico.org.uk/for-the-public/online/cookies/.

How will we use the information about you?

We collect information about you so that we can:

  • identify you and manage any accounts you hold with us;
  • carry out our obligations arising from contracts between us (including processing orders, invoicing, providing support);
  • allow you to participate in interactive features of our services when you choose to do so;
  • customise our website and its content to your particular preferences;
  • notify you of any changes to our website or to our services that may affect you;
  • conduct research, statistical analysis and behavioural analysis;
  • carry out customer profiling and analyse your purchasing preferences;
  • if you agree, let you know about other products or services that may be of interest to you—see ‘Marketing’ section below;
  • detect and prevent fraud; and
  • improve our services.

Marketing

We would like to send you information by email and telephone about our own products and services, competitions and special offers which may be of interest to you.

We may send marketing emails to you as a business contact without your consent where we believe we have legitimate interests for doing so. Such emails will always give the option to unsubscribe from future communications.

Who your information might be shared with

We may disclose your personal data to:

  • other companies within our group;
  • our agents and service providers who help us to provide our products and services;
  • law enforcement agencies in connection with any investigation to help prevent unlawful activity;
  • our business partners in accordance with the ‘Marketing and opting out’ section above; and
  • if we sell our business, in which case, customer and user information will be a transferred asset.

Keeping your data secure

We will use technical and organisational measures to safeguard your personal data, for example:

  • access to your account is controlled by a password and user name that are unique to you; and
  • we store your personal data on secure servers.

While we will use all reasonable efforts to safeguard your personal data, you acknowledge that the use of the internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal data that are transferred from you or to you via the internet. If you have any particular concerns about your information, please contact us (see ‘How can you contact us?’ below).

What can I do to keep my information safe?

If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.

Transfers of your information out of the EEA

All data that we hold about you is stored on secure servers within the United Kingdom or within the European Economic Area.

How long do we keep your personal information?

We keep your personal information for as long as we need to for the purposes for which it was collected or (if longer) for any period for which we are required to keep personal information to comply with our legal and regulatory requirements.

What rights do you have?

You are responsible for ensuring that information you provide to us is accurate, complete and up-to-date.

You have a number of rights in relation to your personal data, these include the right to:

  • find out how we process your data;
  • request that your personal data is corrected if you believe it is incorrect or inaccurate;
  • obtain restriction on our, or object to, processing of your personal data;
  • if we are relying on consent, you can withdraw your consent to our processing of your personal data (including any direct marketing);
  • if we are relying on legitimate interests for direct marketing, you can object to receiving such direct marketing;
  • obtain a copy of the personal data we process concerning you. We will take steps to verify your identity before responding to your request. Once we have received the fee (if required) and verified your identity we will respond as soon as possible and in any event within one month.
  • lodge a complaint with the UK supervisory body, the Information Commissioner’s Office (the ICO) here https://ico.org.uk/. If you have a concern or complaint about the way we handle your data, we ask that you contact us in the first instance to allow us to investigate and resolve the matter as appropriate.

If you would like to exercise any of your rights or find out more, please contact us.

Changes to this Privacy Policy

We may change this Privacy Policy from time to time, and if we do so we will highlight any changes to these pages. If you continue to access or use our services after notified changes have come into effect, you will have agreed to the revised policy.

How to contact us

Please contact Neil Butcher our Data Protection Officer, if you have any questions about this privacy policy or the information we hold about you.

If you wish to contact us, please send an email to dpo@wcbs.co.uk or write to us at WCBS, Landmark House, Wirrall Park Road, Glastonbury, Somerset, BA6 9FR.

West Country Business Systems (Holdings) Limited of Landmark House, Wirrall Park Road, Glastonbury, Somerset BA6 9FR (“we”, “us”) are committed to protecting and respecting your privacy. We operate the website and services available at https://schoolkompanion.co.uk/ (HUB) for the benefit of schools, Local Education Authority (LEAs) or similar organisations, their staff, students and parents (collectively, Users).

This policy (together with our HUB Terms of Use (see seperate tab) and any other documents referred to on it) sets out the basis on which any personal data we collect from Users, or that Users provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding Users’ personal data and how we will treat it. By accessing HUB, Users are accepting and consenting to the practices described in this policy.

For the purpose of the Data Protection Act 1998 (and any replacement legislation) and the General Data Protection Regulation (Regulation EU 2016/679) (together the Data Protection Legislation), West Country Business Systems (Holdings) Limited is the data controller.

Information About Users

We may collect and process the following data:

  • Information Users give us when using HUB. Users may give us information when registering for or logging into HUB, using the services available via HUB, or by corresponding with us by phone, e-mail or otherwise to assist with administration and support of a User’s account. Such information about a User may include name, address, e-mail address and phone number.
  • Information we collect about Users. With regard to each visit to HUB, we may automatically collect the following information:
    1. technical information, including the Internet protocol (IP) address used to connect a User’s computer to the Internet, login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
    2. information about a User’s visit, including the full Uniform Resource Locators (URL) clickstream to, through and from HUB (including date and time); pages viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our support number.

How we use this information

We use information held about Users in the following ways:

  • to provide HUB and related services available via HUB to Users;
  • to carry out our obligations arising from any contracts entered into between schools, LEAs or similar organisations and us and to provide Users with the information, products and services requested from us;
  • to provide Users with information about other goods and services we offer that are similar to those that a school has already purchased or enquired about;
  • to notify Users about changes to our service;
  • to ensure that content from HUB is presented in the most effective manner for Users and the computers being used to access HUB;
  • for internal record-keeping and reporting purposes;
  • for the purposes of supporting the provision of HUB and dealing with any support requests or customer queries;
  • for analytical, research, reporting and product development purposes;
  • to administer HUB and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
  • to improve HUB to ensure that content is presented in the most effective manner for Users and for Users’ computers;
  • to allow Users to participate in interactive features of our service, when Users choose to do so;
  • as part of our efforts to keep HUB safe and secure;
  • to measure or understand the effectiveness of any advertising we serve to Users and others, and to deliver relevant advertising to Users;
  • to make suggestions and recommendations to Users of HUB about goods or services that may interest Users.

What are Cookies and how do we use them?

We use cookies to distinguish individual Users of HUB. This helps us to provide Users with a good experience. By visiting and using HUB, Users agree to our use of cookies.

A cookie is a small file of letters and numbers that we store on your browser, computer, or device. We may use the following cookies:

Strictly necessary cookies. These are cookies that are required for the operation of HUB. They include, for example, cookies that enable Users to log into secure accounts, use interactive features and services.

Analytical/performance cookies. These allow us to recognise and count the number of visitors and Users and see how they use HUB. This helps us to improve the way HUB works, for example, by ensuring that Users are finding what they are looking for easily.

Functionality cookies. These are used to recognise Users when they return to HUB. This enables us to personalise our content for Users, greet you by name and remember your preferences.

Targeting cookies. These cookies record your visit to HUB, the pages you have visited and the links you have followed. We will use this information to make HUB and the information displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

Please see Privacy & Cookies tab which details the cookies we use.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of HUB.

Information we receive from other sources

We may receive information about a User from third parties we work with (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies).

How we use this information

We may combine this information with information Users give to us and information we collect about Users. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).

Anonymised data

We may use information relating to Users and schools in anonymised format to carry out research and produce reports that we publish and share with third parties. No User or school would be identifiable in such research reports.

Disclosure of information

We may share User personal data with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

We may share User personal data with selected third parties including:

  • Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or a school.
  • Analytics and search engine providers that assist us in the improvement and optimisation of our site.
  • The school, LEA, or other similar organisation on whose behalf or under whose direction Users access and use HUB.

We may disclose personal data to third parties:

  • In the event that we sell or buy any business or assets, in which case we may disclose User personal data to the prospective seller or buyer of such business or assets.
  • If West Country Business Systems (Holdings) Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about Users will be one of the transferred assets.
  • If we are under a duty to disclose or share personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of West Country Business Systems (Holdings) Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Where we store User personal data

The data that we collect from Users will not be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). All information Users provide to us is stored on our secure servers. Where we have given Users (or where you have chosen) a password which enables access to certain parts of HUB, Users are responsible for keeping this password confidential. We ask Users not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect User personal data, we cannot guarantee the security of User data transmitted to HUB; any transmission is at Users’ own risk. Once we have received User information, we will use strict procedures and security features to try to prevent unauthorised access.

Data retention

Notwithstanding the other provisions of this Section 6, we will retain documents (including electronic documents) containing personal data:

  • to the extent that we are required to do so by law;
  • if we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and
  • in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).

Your rights and access to your data

You may request from us, details of the personal data we hold about you and how we are processing it, although this should be clear from HUB itself and the permissions/consents you have set.

Where notified, we will amend your data, including where you provide us with additional information to complete your record.

Where you have previously consented to us using your data, you may withdraw this consent at any time.

You may request that we restrict use of your data, where you believe:

  • the data we hold about you is inaccurate;
  • the processing of your data is not lawful;
  • your data no longer needs to be used for the purpose that it was originally provided; and
  • where you object to the use of your data for specific purposes.

Should you no longer wish to engage with HUB, you have the right to request erasure of your details from our systems. To complete these requests, please send an email to dpo@wcbs.co.uk or write to us at WCBS, Landmark House, Wirrall Park Road, Glastonbury, Somerset, BA6 9FR.

Please note that in some circumstances, your relationship with the data controller (the school), for example, a contract of employment, may result in your not being able to stop engaging with HUB, and/or to have your data erased.

Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy. If you continue to use HUB following a change to the privacy policy, you will be deemed to have accepted the updated privacy policy.

How to contact us

Please contact Neil Butcher our Data Protection Officer, if you have any questions about this privacy policy or the information we hold about you.

If you wish to contact us, please send an email to dpo@wcbs.co.uk or write to us at WCBS, Landmark House, Wirrall Park Road, Glastonbury, Somerset, BA6 9FR.

These terms of use (Terms) represent a legal agreement between you (End-user or you) and West Country Business Systems (Holdings) Limited of Landmark House, Wirrall Park Road, Glastonbury, Somerset BA6 9FR (Licensorus or we).

We operate the website and services available at https://schoolkompanion.co.uk (HUB) for the benefit of schools, Local Education Authority (LEAs) or similar organisations, their staff, students and parents (collectively, Users).

Access and use of HUB is subject to the relevant terms set out below.

By accessing HUB, creating or accessing a user account, using HUB, and/or completing the necessary action to confirm acceptance of the Terms, these Terms will be binding upon you. If you do not agree to these Terms, you should not use the Site and must not access any of the Services.

We recommend that you print a copy of these Terms for future reference.

Information about Users

Agreed terms

1. ACKNOWLEDGEMENTS

1.1 These Terms apply to HUB, including any updates or supplements to HUB.

1.2 We may change these Terms at any time by posting the latest version on HUB. You may be required to read and accept them to continue your use of HUB and, in any event, your continued use of HUB will constitute your acceptance of the amended Terms.

1.3 You agree that you are responsible for procuring internet access in order to access HUB and will be responsible for all data charges you incur through use of HUB. You accept responsibility in accordance with these Terms for the use of HUB.

1.4 The terms of our HUB Privacy Policy from time to time, are incorporated into these Terms and apply to your use of HUB. Additionally, by using HUB, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using HUB may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

1.5 You acknowledge and agree when creating a new user account that you have not previously been suspended or removed from HUB and that you do not already have a user account.

1.6 We work with a variety of commercial partners that use HUB to interact with you (Partners). By interacting with these Partners, you agree that your data (including personal data) may be shared with the Partners and that they may contact you regarding their products and services.

1.7 HUB may contain links to and content from other independent third-party websites or features, including those of Partners (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

1.8 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

2. GRANT AND SCOPE OF LICENCE

2.1 In consideration of you agreeing to abide by these Terms, we grant you a non-transferable, non-exclusive licence to access HUB subject to these Terms and the Privacy Policy. We reserve all other rights.

2.2 We reserve the right to modify or terminate your access to HUB for any reason, without notice, at any time, and without liability to you. You can deactivate your user account by contacting us at sales@wcbs.co.uk. If we terminate your access to HUB or you ask us to deactivate your account, all your profile information and all other data will no longer be available to you or accessible through your account, but those materials and data may persist and continue to appear within HUB.

2.3 Please note that in some circumstances, your continued use of HUB may be required by your employer and you may not be able to terminate your account.

2.4 Your licence to access and use HUB is personal to you and you are responsible for any activity that occurs through your user account. You agree you will not sell, transfer, license or assign your account, username, or any account rights (or attempt to do any of the same). With the exception of parents/guardians who are expressly authorised to create accounts on behalf of their children who are under 13, you agree that you will not create an account for anyone other than yourself.

2.5 You represent that all information you provide or have provided to us upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

3. LICENCE RESTRICTIONS

Except as expressly set out in these Terms or as permitted by any local law, you agree:

  1. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify HUB;
  2. not to make alterations to, or modifications of, the whole or any part of HUB; and
  3. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of HUB or attempt to do any such thing.

4. USE OF HUB

4.1 HUB enables you to create and access a user account for the purposes of connecting and interacting with a school, other users and with Partners, and uploading and posting Content (as defined below) which may be publicly viewable.

4.2 You warrant and represent that you have the legal right and capacity to enter into these Terms in your jurisdiction.

4.3 You warrant and represent that any data, images, photographs, text, information, logos, representations, comments, ideas, concepts, links, graphics, and/or other materials (Content) that you upload and post via the Services is your original material, or that you have the legal right to use such Content and sub-license such use to us in accordance with these Terms.

4.4 You are responsible for maintaining the security of your user account details, including the username and password. You should change these regularly. You must not disclose any of the same to a third party. If you become aware, or reasonably suspect, that a third party has obtained access to your user account, you must notify us immediately. We reserve the right to suspend or permanently disable access to any user account we reasonably believe has been shared with, or accessed by, a third party.

4.5 You must:

  • be at least 13 years old to use HUB (if you are under 13, with parental guidance);
  • not use HUB in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Site;
  • not infringe our intellectual property rights or those of any third party in relation to your use of HUB, including by the submission of Content;
  • not transmit or post any Content that is defamatory, offensive or otherwise objectionable, including but not limited to Content that includes anything of a violent, pornographic, discriminatory, unlawful, hateful or sexual nature, in relation to your use of HUB;
  • not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Services;
  • be solely responsible for your conduct and any Content that you submit, post or display on or via HUB; or
  • comply with any acceptable use or other community policy we have in place, accessible via HUB.

4.6 Violation of these Terms may, in our sole discretion, result in suspension or termination of your user account and access to any or all of HUB. You understand and agree that we cannot and will not be responsible for the Content posted on HUB, or for the conduct of other HUB users (including Partners), and your use of HUB is entirely at your own risk.

4.7 We reserve the right to refuse access to any or all of HUB to anyone for any reason at any time.

4.8 We may, but shall have no obligation to, remove, edit, block, and/or monitor content or accounts containing content that we determine in our sole discretion violates these Terms. If you become aware of any content which you believe may violate these Terms, please contact us immediately at sales@wcbs.co.uk with details.

4.9 You are solely responsible for your interaction with other users of HUB. We reserve the right, but shall have no obligation to, monitor or become involved in disputes between you and other users and take such action as we deem necessary.

4.10 In the event that HUB displays advertisements and promotions, you hereby agree to the placement of such advertisements and promotions on HUB as we see fit. You acknowledge and agree that clicking on any advertisement or promotion may take you to Third-party Sites, for which we do not accept any responsibility.

5. INTELLECTUAL PROPERTY & OTHER RIGHTS

5.1 You acknowledge that all intellectual property rights in HUB anywhere in the world belong to us or our licensors, and that you have no rights in, or to HUB other than the right to use them in accordance with these Terms.

5.2 You acknowledge that you have no right to have access to HUB in source-code form.

5.3 The HUB name is a trademark and the HUB logo is a registered trademark of West Country Business Systems (Holdings) Limited, and may not be copied, imitated or used, in whole or in part, without our prior written permission.

5.4 You remain the legal owner of any Content you upload and post via HUB. You grant us a non-exclusive, royalty-free, transferable, sub-licensable, perpetual, worldwide licence to use such Content as we see fit. In particular, but without limiting the foregoing, you agree that we may sub-license the use of your Content to any Partner with which you interact.

5.5 You acknowledge and agree that posting any Content via HUB makes such Content publicly available and other users of HUB can view, interact with, exploit and share such Content, whether via HUB, Third-party Sites, or otherwise. We are not responsible for other users’ use of the Content and we hereby disclaim any liability in relation to the same.

5.6 We do not represent or warrant that the provision of HUB will be uninterrupted or error-free. There will be occasions when HUB may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

5.7 We reserve the right to remove any Content from HUB for any reason, without prior notice. Content removed from HUB may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. We encourage you to maintain your own backup of your Content. You agree that you will not rely on any of HUB for backup or storage purposes. We will not be liable to you for any modification, suspension, or discontinuation of HUB, or the loss of any Content.

5.8 Except as otherwise described in our Privacy Policy, as between you and us, your Content will be non-confidential, and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place us in a position that is any different from the position held by members of the general public, including with regard to your Content.

6. WARRANTIES DISCLAIMER

6.1 HUB and all content and materials contained or available therein, are provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, neither we nor any of our group companies, employees, officers or agents, make any representations or warranties of any kind, whether express or implied, as to:

  • HUB, its content or functionality; or
  • the security associated with the transmission of information to or via HUB.

6.2 We hereby disclaim any and all warranties, whether express or implied, including but not limited to those as to quality, fitness for purpose, non-infringement, title, quiet enjoyment, or freedom from viruses or malware.

6.3 We do not warrant or represent that any of the information available via HUB is accurate or complete. You should not rely on any such information for decision-making purposes.

6.4 We do not warrant or represent that your use of HUB is lawful in any particular jurisdiction and you are responsible for ensuring that your access and use of Hub complies with all local laws and regulations. You warrant to us that your activities are lawful in every jurisdiction in which you access or use HUB.

7. LIMITATION OF LIABILITY

7.1 You acknowledge that HUB has not been developed to meet your individual requirements.

7.2 We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity (whether direct or indirect and whether or not foreseeable).

7.3 We shall not be liable to you for any losses, whether in contract, tort, statutory duty or otherwise (including but not limited to direct, indirect, special, incidental or consequential losses or damages), that are directly or indirectly related to:

  • your access and use of HUB or that of third parties;
  • the content available on HUB;
  • your inability to use HUB;
  • use of your Content by third parties;
  • any third party claim of intellectual property infringement in relation to your Content or any other user content;
  • any damage to any computer, mobile device, or other equipment or technology, including but not limited to any damage which results from any security breach or from any virus, bug, malware or fraud;
  • loss of, or damage to, any Content or other data; or
  • accuracy of information or results,

whether or not such losses are foreseeable and regardless of whether we have been advised of, or should have known about, the possibility of such damages.

7.4 Subject to clauses 7.2 and 7.3, our maximum aggregate liability under or in connection with this contract (including your use of HUB) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £500. This does not apply to the types of loss set out in condition 7.5.

7.5 Nothing in these Terms shall limit or exclude our liability for:

  • death or personal injury resulting from our negligence;
  • fraud or fraudulent misrepresentation; and
  • any other liability that cannot be excluded or limited by English law.

8. INDEMNITY

You agree to indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal fees and costs, arising out of or in any way connected with any of the following:

  • your Content or your access to or use of HUB;
  • your breach or alleged breach of these Terms;
  • your violation of any third-party rights, including without limitation, any intellectual property rights, publicity, confidentiality, property or privacy rights; or
  • your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities.

9. TERMINATION

9.1 Without prejudice to our other rights and remedies under these Terms and in law, we may terminate our contract with you immediately by written notice to you:

  • if you commit a material or persistent breach of these Terms. For the avoidance of doubt, any breach of clauses 3 or 4 shall be deemed a material breach; or
  • if you breach any of the Licence Restrictions or any provisions of our acceptable use or other community policies.

9.2 On termination for any reason:

  • all rights granted to you under these Terms shall cease;
  • you must immediately cease all activities authorised by these Terms, including your access to any registered user accounts and/or use of HUB; and
  • we may deactivate and/or delete your user account and you agree not to attempt to access your user account or create any other user account without our prior written consent.

9.3 You acknowledge and agree that on termination of your rights under these Terms, or otherwise notwithstanding the deletion, deactivation or non-use of your user account, we may continue to store and use your Content in accordance with these Terms.

10. COMMUNICATION BETWEEN US

10.1 If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, you can send this to us by e-mailing our Data Protection Officer, Neil Butcher at dpo@wcbs.co.uk or by pre-paid post to WCBS, Landmark House, Wirrall Park Road, Glastonbury, Somerset, BA6 9FR.

10.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us.

11. EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks.

12. OTHER IMPORTANT TERMS

12.1 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.

12.2 These Terms, together with any documents referred to in them (including, but not limited to, our Privacy Policy) constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements between you and us.

12.3 No third party shall have the right to enforce any provision in these Terms.

12.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

12.5 Each of the clauses in these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.

12.6 Please note that the agreement between us, comprising these Terms, its subject matter and formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction in relation to any claim or dispute arising out of or in connection with it (whether contractual or non-contractual).