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Terms of use for Thinking Board®

1. General

Thinking Board® is provided by the Independent Audit Limited (we, us or our) of 4 Bury Street, London, EC3A 5AW, United Kingdom. Your use of the Thinking Board® tool is subject to the following terms and conditions (Terms), which you are deemed to accept by using the tool. If you do not agree to these Terms, you must not use the tool.

2.1 Disclaimer regarding content

We do not supply legal, investment, professional or career advice. Nothing in the Thinking Board® tool or documents available through the tool or through any of our other websites constitutes legal, investment, career or other professional advice. You should not rely on any information contained in the Thinking Board® tool or in any of our other websites or mail lists as if it were legal, investment, career or other professional advice. The documents provided on the Thinking Board® tool are for general guidance only and do not contain definitive advice. We cannot and do not guarantee or warrant that any of the information that you may receive through the Thinking Board® tool, our other websites, or links to third party websites is accurate, up to date or complete.

2. Rights

2.1 The software that runs the Thinking Board® tool is owned by us and/or our licensors. Save to the extent expressly permitted by applicable laws, you must not copy, modify, download, distribute or de-compile that software without our consent.

2.2 By accessing the Thinking Board® tool, you agree that you will access its contents solely for you and your company’s own private non-commercial use. You may download, view, store and print off the whole or any part of the tool (other than any restricted information) solely for you or your company’s private non-commercial use in accordance with these Terms. You may not use the tool or any material contained herein for any other purpose. Where you download, store or print off any of the contents of the Thinking Board® tool, you must ensure that our copyright notice appears thereon.

2.3 Except as expressly permitted by applicable law and by clause 2.2 (above), you may not copy (except to the extent required in order to use the tool in accordance with these Terms), store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of the Thinking Board® tool or systematically extract material from the tool or any document available through the tool or in any other way exploit commercially all or any part of the Thinking Board® tool or any document available through the tool without our prior written permission.

2.4 Unauthorised access to or use of the Thinking Board® tool is prohibited. Unauthorised access to, or misuse of, a computer constitutes an offence under the Computer Misuse Act 1990. You must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt the Thinking Board® tool or any computer system, server, router or any other internet-connected device associated with the Thinking Board® tool.

2.5 Subject to clause 4.2, the copyright and all other intellectual property rights in all the content and material of whatever form contained in the Thinking Board® tool (including, but not limited to, the organisation, layout, information, photographs and graphical images) is owned by us and/or our licensors. In particular the word “Thinking Board” is our registered trade mark and may not be reproduced or used without our express prior written permission.

2.6 We reserve the right to vary or amend these Terms from time to time without prior notice. Any changes will take effect upon posting to the Thinking Board® tool. If you do not agree to any change to these Terms, you must immediately stop using the tool.

2.7 We cannot guarantee that documents or files downloaded from the Thinking Board® tool will be free from viruses and we do not accept any responsibility for any damage or loss caused by any virus. Accordingly, for your own protection, you must use virus-checking software when using the Thinking Board® tool. You must not post or provide to us via the tool, any document or file which you believe may contain a virus. You must virus check any document or file which you intend to post or provide to us via the Thinking Board® tool.

3. Your warranties

3.1 You warrant that:

3.1.1 you will only use the Thinking Board® tool in accordance with these Terms and only for lawful purposes and in a lawful manner;

3.1.2 all emails, comments, information (including assessment responses), documents, files or any other material that you intend to post to the Thinking Board® tool or provide to us via our other websites (Contributions) does not contravene any applicable local, national or international laws or regulations or contravene any person's legal rights, is not offensive or defamatory, is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to that information, document or file;

3.1.3 you will not knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; and

4. Contributions

4.1 You are solely responsible for your Contributions and you shall ensure that your Contributions do not:

4.1.1 contain any material which is defamatory of any person;

4.1.2 contain any material which is obscene, offensive, hateful or inflammatory;

4.1.3 promote sexually explicit material;

4.1.4 promote violence;

4.1.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

4.1.6 infringe any copyright, database right or trade mark of any other person;

4.1.7 be likely to deceive any person;

4.1.8 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

4.1.9 promote any illegal activity;

4.1.10 be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

4.1.11 be likely to harass, upset, embarrass, alarm or annoy any other person;

4.1.12 be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

4.1.13 give the impression that they emanate from us, if this is not the case; or

4.1.14 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

4.2 You retain the ownership rights in your Contributions and grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, trade marks, database rights and intellectual property rights you have in the Contributions, in any media known now or in the future. In addition, you waive all moral rights you have in the Contributions to the fullest extent permitted by law. You represent and warrant that you are entitled to grant such a licence to us.

4.3 We reserve the right to remove or edit any Contributions as we see fit, without warning and without being required to provide reasons, and/or to make such information available to regulatory bodies or law enforcement authorities. Our decision on this shall be final. Further, we reserve the right to suspend or terminate, or bar access to, all or part of the tool.

4.4 We shall not be liable to you for any loss you may incur as a result of us taking any of the actions described in clause 4.3 nor for the actions or inactions of other users, including anything contained in your or any third party’s Contributions.

4.5 In the course of using the Thinking Board® tool, you may submit your personal data and the personal data of others. It is your responsibility to ensure this information is accurate and up-to-date.

4.6 You agree that you are responsible for the personal data that you submit to the Thinking Board® tool, including the personal data of others. You must ensure that you have all the rights and permissions needed to use that personal data in connection with the Thinking Board® tool. We are not responsible for any actions you take with regards to submitting the personal data of others to the tool. Please do not add personal data to the Thinking Board® tool unless you have first obtained consent to do so.

5. Personal Data Protection

5.1 Each party shall ensure that it complies with the requirements of all legislation and regulatory requirements in force from time to time relating to the use of personal data, including, without limitation, the Data Protection Act 1998.

5.2 Each party shall be considered an independent data controller for the purposes of the Data Protection Act 1998.

5.3 We respect your privacy and the privacy of others and will only process personal data in accordance with our privacy policy. By using the Thinking Board® tool, you warrant that all data uploaded by you to the tool (including your personal data and any personal data of others) is accurate.

6. Accuracy of information

Whilst we try to ensure all information on the Thinking Board® tool is correct, up-to-date and complete, such information is provided for informational purposes only and you should not rely on it. Accordingly, we make no warranty as to the accuracy of any information or Contributions on the Thinking Board® tool and do not accept any responsibility for any errors or omissions, or for any damage or loss you may suffer.

7. Linking

7.1 From the Thinking Board® tool you may be able to obtain access to websites operated by others. The content of such third-party websites to which you may navigate, by means of hypertext links, from the tool is beyond our control. You proceed entirely at your own risk. We do not accept any responsibility for any damage or loss you may suffer arising out of access to those websites, including, but not limited to, damage or loss arising from your use of documents or other information found on those websites. These links are not monitored or maintained by us nor are we responsible for the content of any third party website. Please read all copyright and legal notices on each site prior to downloading or printing items to ensure that such actions are permitted under the third party site’s copyright notices, legal notices and or terms of use.

7.2 Any links to such third-party websites are for your convenience and the inclusion of the link in the Thinking Board® tool does not imply any endorsement, guarantee, warranty or representation by us of the quality or accuracy of the information, products or services provided to you on those third-party websites.

8. Restricted access

8.1 Access to the Thinking Board® tool is restricted to authorised persons. If you believe you have been granted access to the tool by mistake, please exit the tool immediately and contact us as soon as possible.

8.2 You must not allow any other person to use your password. If you believe someone else knows your password, you must change it immediately.

8.3 We reserve the right to remove users from the authorised list of users at any time.

8.4 Parts of the Thinking Board® tool incorporate encryption technology but even if there is encryption technology in place we cannot guarantee that unauthorised people will not be able to access confidential information hosted on or downloaded from the Thinking Board® tool.

8.5 The documents and files hosted on the Thinking Board® tool are confidential. You must not distribute the documents and files hosted in these areas except to persons authorised to read them. If you believe that you may have been granted access to a document or file by mistake you must not download it, copy it, use it for any purpose or disclose its contents to any other person.

8.6 If you access the Thinking Board® tool from a shared PC, during your access to the tool you will be responsible for all instructions received by us between the time you pass the security procedure until you exit the tool. This includes any input errors or instructions sent by someone other than you whilst you are still logged onto the tool.

8.7 Email communication is not secure and there is no guarantee that an email will be delivered within a reasonable time, or at all. We advise you to contact us by telephone with any information that must reach us by certain deadlines.

9. Limitation of liability

9.1 We shall not be liable to you for any communication sent by email which is either received late or not received at all.

9.2 We shall not be liable to you for any loss arising out of the inaccuracy or incompleteness of information, including any of your or any third party’s Contributions, contained on the Thinking Board® tool.

9.3 The Thinking Board® tool is provided to you on an "as is" and "as available" basis without any warranty being given in relation to the tool including (but not limited to) implied warranties of non-infringement, compatibility, security, accuracy, fitness for purpose, that any information is up to date or correct, or any implied warranty arising from course of dealing or usage or trade.

9.4 Whilst we will endeavour to maintain the availability of the Thinking Board® tool, we make no warranty that the tool will meet your requirements or will be uninterrupted, timely, or error-free, that defects will be corrected, or that the sites or the server(s) that make them available are free of viruses or bugs. If you are aware of any error on the Thinking Board® tool please contact us by email at helpdesk@thinkingboard.co.uk and we will endeavour to correct it.

9.5 We will not be responsible or liable to you for any loss of material uploaded or transmitted through the Thinking Board tool.

9.6 We shall not be liable for any special, indirect or consequential damages (including loss of business, profits, anticipated savings, opportunity, reputation or goodwill) however caused.

9.7 Nothing in these Terms shall exclude or limit liability for death or personal injury resulting from our negligence or that of our agents or employees.