Westfield Community Hub

Terms and Conditions of Service

1 General

Access to and use of the Westfield Community Hub (hereinafter referred to as ’WCH’) computer equipment and the products and services (hereinafter referred to individually or jointly as the 'Services’) available through WCH are subject to the following terms, conditions and notices.  By using the Services you are agreeing to all of these Terms and Conditions, as may be updated from time to time.

Access to this Services is permitted on a temporary basis, and WCH reserves the right to withdraw or amend the Services without notice.

WCH shall not be liable if for any reason the Services are unavailable or access is restricted at any time or for any period.

2 Privacy

Our privacy policy sets out how we use your information and can be viewed at Privacy Policy. By using the Services, you consent to the processing described therein and warrant that all data provided by you is accurate.

3 Prohibitions

You must not misuse the Services.

If using the computer equipment you will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;  hack into any aspect of the computer equipment;  corrupt data;  cause annoyance to other users;  infringe upon the rights of any other person's proprietary rights;  send any unsolicited advertising or promotional material, commonly referred to as "spam";  or attempt to affect the performance or functionality of any computer facilities of or accessed through WCH computer equipment.  Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990.  WCH will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

WCH will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of WCH computer equipment or to your downloading of any material posted on it, or on any equipment linked to it.

4 Intellectual Property, Software and Content

The intellectual property rights in all software and content available to you on or through WCH Services remains the property of WCH or its licensors and are protected by copyright laws and treaties around the world.   All such rights are reserved by WCH and its licensors.  You may store, print and display the content supplied solely for your own personal use.  You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on WCH computer equipment nor may you use any such content in connection with any business or commercial enterprise.

You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by WCH or its licensors.

5 Disclaimer of Liability

The material displayed on WCH computer equipment is provided without any guarantees, conditions or warranties as to its accuracy.  Unless expressly stated to the contrary to the fullest extent permitted by law WCH and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute services, arising out of or related to the use, inability to use, performance or failures of WCH Services, any site linked to or any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.  This does not affect WCH's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

6 Links to or from WCH computer equipment

You may not link to WCH computer equipment without prior written authority from WCH.  However, if requested, permission shall not be unreasonably withheld.  WCH has no control over any linked website and accepts no responsibility for them or for any loss or damage that may arise from using them.  Any access or use of any linked site is subject to the terms of use contained within each such site.

7 Disclaimer as to ownership of trade marks and third party copyright

Except where expressly stated to the contrary any persons (including names and images), third party trade marks and images of third party products, services and/or locations featured by WCH are in no way associated, linked or affiliated with WCH and you should not rely on the existence of such a connection or affiliation. Any trade marks/names indicated by WCH owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the services and is in no way an assertion that such services are endorsed by or connected to WCH..

8 Third Parties

No third party shall have a right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.  This exclusion does not affect any right or remedy of the third party, which exists or is available outside of this Act.

9 Indemnity

You agree to indemnify, defend and hold harmless WCH, its officers, employees, consultants, agents, volunteers and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of the Services or your breach of the Terms and Conditions.

10 Variation

WCH shall have the right at its absolute discretion at any time and without notice to amend, remove or vary these Terms and Conditions and/or other content of the Servicest.  It is your responsibility to view this document regularly to identify any changes we may make.

11 Effectivity

Failure to enforce any of the provisions of these Terms and Conditions shall not be construed as waiver or in any way affect the validity of same.

In the event that any term, condition or provision shall be nullified or made void by a Government law, decree, regulation or order or by the decision or order of any Government having jurisdiction, the remaining terms and conditions shall remain in full force and effect.  Any affected clause shall be amended and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

12 Dispute Resolution

We shall attempt to resolve any complaint or dispute arising from use of WCH Services in good faith by negotiation.  In the unlikely event that any claim is not resolvable by this method then the matter may be referred to independent Arbitration in accordance with and governed by the provisions of the Arbitration Act 1996.  Any such dispute should initially be directed to Westfield Community Hub, P O Box 339, Westfield, Hastings, TN34 9GB.

13 Governing Law and Jurisdiction

These terms and conditions are to be governed, performed, construed and interpreted in accordance with the laws of England.

14 Force Majeure

In the event of any act of Force Majeure, no liability shall be accepted by WCH for any non-conformance or non-delivery of Service. These actions include but are not limited to acts of nature, war, hostility and fire.

15 Entire Agreement

The above Terms and Conditions constitute the entire agreement and supersede any and all preceding and contemporaneous agreements between you and WCH.  Any waiver of any provision of the Terms and Conditions shall be effective only if in writing and signed by a duly authorised representative of WCH.

Privacy Policy

This statement was last updated on 20 March 2009.

Westfield Community Hub (hereinafter referred to as ‘WCH’) is committed to protecting the privacy of any and all personal information that may be obtained from you whilst personally visiting WCH, using any WCH computer equipment or when you access the WCH website (hereinafter jointly referred to as the Services).  This Privacy Policy explains what personal information we may collect from you and the purposes for which it will be used.  By using WCH Services you give your agreement to the data practices described in this policy.

Who is the data controller for this Equipment?

The data controller for the WCH Services is the Westfield Community Hub.  This organisation may be contacted at

Data may be collected during visits to the website by the web host :  Microsoft Office Live Small Business.  Details of their privacy policy may be viewed at http://www.privacy.microsoft.

Web infrastructure means some of the information you enter on any website could also be shared with other websites when you register with them.  This is under your control - for the sharing to happen, you must first accept the terms, conditions and privacy policy of each website.

What information do we collect and how do we use it?

Depending on which Services you use, we collect different types of information.  The types of information and uses are explained below.

If you personally visit WCH premises or contact WCH personnel, we may contact you to ask whether you would like to be added to our mailing list, so that we can tell you about our services.

We may use information provided by you from the four types to offer personalised information when you use any of the WCH Services, to notify you of changes to our service, ask your opinions and to help us improve our service to you.

1.             Information that you provide to us

We collect and process information that you provide for specific purposes.  This may include demographic information such as your name, email addresses, mailing address and telephone number.  We use the information to provide you with the specific information or services that you request from us and to communicate with you.  If you contact us we may keep a record of that correspondence.

You will be asked to provide information about yourself when you use certain WCH Services.

If accessing the WCH website information requested may include the following:

·          "Email this page" - the email address you type is not retained by us.  

·          "Contact us" - you will be asked for contact information if you contact us by e-mail.  Contact information will be forwarded to the relevant WCH contact and will be used only for the purpose provided and is not retained on the website.

·          Transactional services – if you perform an online transaction using WCH Services, the data you provide may be shared with third parties used to complete the transaction, such as delivery agents and banking operators such as PayPal.   We do not receive any personal data entered by you from them.

·          To give a legally correct audit trail, we will store any appropriate transactional data for seven years.

2.             Website usage information

We receive and store certain information whenever you access the Web using WCH Services or access the WCH website.  We collect website usage information from a number of sources:

·          Our web server.

·          "Tags" placed in web pages that send information to us or our processors. Some tags run a small piece of javascript on your machine (see below for more on javascript).

·          A selection of Internet service providers.

·          A selection of search engine companies.

·          Cookies.

We may collect web usage information during your visits to the WCH Website including information on the date, time, page viewed or searched for, tools used, referrals made and other information relating to your browsing activity on our web facility.  We may also use web usage information to create statistical data regarding the use of our website.  We will never disclose such statistical data to others for any purpose.

We may collect web usage information to help us:

·          develop and deliver services and information that better meet your needs

·          inform you of events, services and products which we believe to be relevant to you, where you have consented to be contacted for such purposes

3.             Cookies

Cookies are small files that are often created when you visit a website, and which are stored in the cookie directory of WCH computer.  A cookie often includes an anonymous unique identifier. Cookies do not damage the computer.  Each website can send its own cookie to WCH browser if the browser's preferences allow it, but to protect your privacy the browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites.

If you are accessing WCH website externally, you do not have to accept cookies.  In this event you can decide if you want to accept cookies by changing the settings on your browser to either accept all cookies, reject all cookies, or notify you when a cookie is set.  Switching off cookies will still allow you to view the majority of content on our site, although it may restrict your use of our interactive tools.

You are not permitted to turn off cookies on the WCH computers.  There are two types of cookie. Persistent cookies remain on WCH computer for up to a month.

4.             Javascript

Javascript is a simple web scripting language, for interaction with users.  It may be used by websites visited to collect web usage information.

Disclosure of information

We may disclose information to government bodies and law enforcement agencies for their enforcement purposes.  We will not sell, rent or disclose your information to any third parties other than those set out in this Privacy Policy without your consent.  We do not transfer your personal information outside of the European Economic Area.

Others’ websites

The operators of other sites may collect information from you which will be used by them in accordance with their own data protection policy.  You are advised to check the Privacy Policy of any website visited, especially if expecting to provide personal details to them.

This Privacy Policy applies only to use of WCH Services, including WCH computer equipment or WCH website.  We are not responsible for the privacy practices within any websites visited.  You should always be aware of this when you leave the WCH website and we encourage you to read the privacy statement on any other website that you visit.

Security

We cannot provide any representations as to the security of any files saved on WCH Equipment as the Equipment may be used and accessed by others.  If using WCH equipment, you are strongly advised to delete your files after printing or to save the file to a pen drive (USB Stick) before the end of your session.

Changes to this policy

This Privacy Policy may change from time to time as the range of Services available develops.  When this Privacy Policy changes, we will post an updated version on the WCH website and the WCH notice board.  Where appropriate we will give you the opportunity to review the revised Privacy Policy and ask you to agree to it.  Regularly reviewing this page ensures that you are always aware of what information we collect, how we use it and under what circumstances, if any, we will share it with other parties.  You should continue to check the Privacy Policy before using WCH Services, even if you have read it in the past.  This ensures that you will be aware of any changes.

Your rights

If your use of WCH Services falls under the Data Protection Act as a personal user, you have a right to request a copy of any information held about you.  If you wish to do this, please contact us, explaining that your interest is to review your personal information.  Except where the law obliges us to keep your data, WCH will ensure that your data is kept only as long as is necessary for the purpose it was provided and will ensure it is gathered and/or purged from the servers.  WCH would need to receive appropriate identification that proves you are the correct person to request the information.