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WEBSITE TERMS & REFERENCE

By using the Creative Tech Festival website you are entering into a legally binding agreement with Basildon Borough Council on these terms.

Please note the following key issues which relate to your use of the website:

If you are a child you should review these Terms with your parent or guardian to make sure that you and your parent or guardian understand them.

There are limits to our legal obligations and liabilities to you.

  1. Information about us

1.1         The Creative Tech Festival website is operated by Basildon Borough Council, Basildon Centre, St. Martin's Square, Basildon SS14 1DL, or any successor in title.

1.2         If you have any questions, complaints or comments on the website, please contact us at info@creativetechfest.co.uk

  1. Information about the website

2.1         The Creative Tech Festival is a partnership based programme of local events delivered in partnership with local businesses, educators, careers professionals and creative industry specialists. It will run a programme of events that excites and inspires young people (11-18) to find their place in Creative Tech and a number of B2B tech events. The festival will showcase the synergy between creativity and technology through a range of events including workshops, talks and experiences that aim to inspire audiences with the possibilities and opportunities of creative tech; enable audiences to grow in confidence and build on existing skills and interests; and develop and evolve a future focused Basildon.

2.2         Some of the information and guidance on the website originates from third parties. Before relying on any information or guidance that you find on the website, we recommend you check its accuracy.

2.3         The website is maintained, controlled and operated by Basildon Borough Council (or on our behalf) from (or via) our facilities in the United Kingdom. We cannot promise that the website is appropriate or available for use in any other country.

2.4         Access to the website is permitted on a temporary basis and we reserve the right to withdraw or modify any part of the website with or without notice.

2.5         We do not guarantee that the website will be available at any particular time or for any period of time.

2.6         When using the website, you must at all times comply with these Terms. You are responsible for making all arrangements necessary for you to have access to the website and for all connection and other charges incurred in using the website. You are also responsible for ensuring that all persons who access the website through your internet connection are aware of these Terms and that they comply with them.

  1. Children

The safety and privacy of children is important to us. If you are a parent or guardian of a child who wishes to use the website, please read these Terms carefully together with our Safeguarding, Privacy and Cookies Policies for details on the measures we take in relation to your child’s information.

We ask parents and guardians of anyone under the age of 18 to pay special attention to the online activities of their children and to supervise their children’s use of the website. In particular, parents and guardians should make children under their care aware of the rules on user conduct and acceptable use under these Terms.

  1. Intellectual property rights

4.1         In these Terms,

(a)           Content means any and all creative material (including text, software, code, applications, video and/or audio recordings, music, graphics, designs, photographs, artwork, trademarks, data, statistics, information, blogs, communications, ideas, adverts, links, compilations and other material, as well as the selection and arrangement of any of the same);

(b)           Intellectual Property Rights includes, amongst other things, any copyright, trademarks and other proprietary rights in relation to code, software, logos, designs, images, photographs, animations, videos, text and other material or Content;

4.2         The Intellectual Property Rights in all Content and Digital Content made available to you on or through the Creative Tech Festival website remain the property of the Department for Levelling Up, Housing and Communities. Your use of the website and its contents grants no rights (and in particular no Intellectual Property Rights) to you in relation to the website or the content displayed on it.

4.3         You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way any of the Content, services, web pages or materials on the website (including the computer code of any elements comprising the Creative Tech Festival website) other than for your own personal use, or with prior consent of the website. Subject to the last sentence and paragraph 4.2, you may download insubstantial excerpts to your device for the purpose of viewing it.

4.4         Any use of items or Content that are the subject of our (or any third party’s) Intellectual Property Rights other than that permitted under paragraph 4.3 may only be undertaken with express, prior, written authorisation.

  1. Links to and from other websites

5.1         The website includes links to third party websites as well as advertising and other content hosted by third parties. These links are provided for your ease of reference and convenience only. We do not control such third party websites and content and are not responsible for their contents. Our inclusion of links does not imply any endorsement of the material contained on third party websites.

5.2         You acknowledge that we will not be party to any transaction or contract with a third party that you may enter into via a link from the website and we shall not be liable to you in respect of any loss or damage which you may suffer by using third-party websites or entering into any such third party transactions or contracts. You agree that you will not involve us in any dispute between you and any such third party.

5.3         We are not responsible or liable for any products, advertisements, content or services provided by or for third parties via or in connection with the website (or any technical or other issues that may arise from such provision). We have no control over third-party products, content or services and make no assurances of any kind about them.

  1. Your use of the website

6.1         In using the Creative Tech Festival website, you agree and promise that you will not:

(a)           use the website in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;

(b)           access the website for any purpose other than for your genuine use of the website in accordance with these Terms, as a person (or organisation) that works, employs, educates or is otherwise involved, in the creative industries in the UK;

(c)           use the website in any way that may cause you or us to breach any applicable laws;

(d)           email, transmit or otherwise disseminate any material which is defamatory, obscene, vulgar or indecent or may have the effect of being harassing, threatening, abusive or hateful or that otherwise discriminates against, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, or which breaches the rights of others (including copyright and other Intellectual Property Rights);

(e)           distribute unsolicited communications including 'spam' email;

(f)             transfer files that contain viruses or other harmful programs or use the website in any way that may damage or disrupt another's computer; or

(g)           penetrate or attempt to penetrate the website's security measures.

6.2         We reserve the right to take such action as we may believe is reasonably required, at any time without notice at our discretion, if we have reasonable grounds to believe you have breached any of the restrictions above or any other provision of these Terms.

  1. Your promises to us

7.1       You confirm that you will comply with the restrictions on your use of the website as set out in these Terms.

7.2       You accept responsibility, and will compensate us, for any loss or damage (including any claim by a third party and any legal fees in relation to such claim) that is caused by any failure by you to comply with these Terms or that otherwise arises in relation to your use of the website or your violation of any law or of the rights (including Intellectual Property Rights) of any third party.

  1. Our legal obligations and limits on liability

8.1       Nothing in these Terms shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence or the negligence of our employees or agents. Also, nothing in these terms affects your rights as a consumer under law. If you would like information on such rights, you should contact your local trading standards service or citizen’s advice bureau. This paragraph takes priority over paragraphs 8.2 to 8.10 below.

8.2       We do not accept any liability for damage to your computer system or loss of data that results from your use of the website and we cannot guarantee that any files that you download are free from viruses, contamination or destructive features.

8.3       Whilst we will try to correct any errors or omissions as soon as we can once they have been brought to our attention, we do not promise that the information on the website itself will be free from errors or omissions.

8.4       We do not promise that the website will be available uninterrupted and in a fully operating condition.

8.5       Access to the website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our reasonable control.

8.6       We do not make any promises in respect of the website or its content, including, without limitation, any advice given and statements made by us, other users or advertisers (if any).

8.7       Any decisions or action taken by you on the basis of information provided on or via the website are at your sole discretion and risk.

8.9       We accept no liability for any failure to remove (or delay in removing) any Content. You may, however, make complaints by using the email address given at paragraph 1.2 of these Terms.

8.10       If we breach these Terms we will only be liable for losses which are a reasonably foreseeable result of our breach. This means losses which could be contemplated by you and us at the time of entering into an agreement on these Terms.

8.11       You agree and acknowledge that we shall not be responsible or liable for:

(a)           indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into the agreement on these Terms, including loss of profits and loss of opportunity; or

(b)           failure to provide the website or to meet any of our obligations under these Terms where such failure is due to any cause or event beyond our reasonable control.

  1. Security and privacy

9.1       You must read our Privacy Policy. This contains important information about our use of your personal information and other information regarding your privacy and our security processes and policies.

9.2       We will co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of, or locate, anyone breaching paragraph 6.1 or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which we may be required by law to disclose information about you or your use of the website and you agree that, in such circumstances, we are entitled to disclose such information.

9.3       Basildon Borough Council, as the parent company of this website, is registered as a data controller for the purposes of the General Data Protection Regulations (GDPR), unless and until the General Data Protection Regulation ((EU) 2016/679) (“GDPR”) is no longer directly applicable in the UK and then any successor legislation to the GDPR or the Data Protection Act 1998 as amended from time to time. Our registration number on the register of data controllers maintained by the Information Commissioner is Z5361180.

  1. Other matters

10.1       In these Terms, any phrase that includes the words “other”, “including”, “for example”, “such as” or “in particular” (or any similar expressions) shall be deemed to include the phrase “without limitation”.

10.2       We are constantly looking for new ways to improve the Creative Tech Festival website. We therefore reserve the right to amend these Terms at any time. We will always display an up to date copy of these Terms on the website and we may contact you to let you know about any changes we have made. All such changes will take effect once they have been posted on the website. Each time you use the website, you are signifying that you agree to the then-current version of these Terms.

10.3       Where we reserve a right in these Terms, it does not mean we will be obliged to exercise it.

10.4       If any provision of these Terms is found by a court or a regulator to be invalid or unenforceable the other provisions shall continue to apply.

Governing law and jurisdiction

In the event of any dispute between you and us concerning these Terms, the relevant United Kingdom law will apply. If you wish to take court proceedings against us you must do so within the relevant United Kingdom courts.

Sponsors and partners

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