Any reference in this Licence to “website”, “program” or “site” shall be construed as incorporating all aspects of the Program and related tools and materials.
1. Licence and terms of website use:
- “You” throughout the following policies should be read as applying to your individual use of the site. All terms contained in the following policies apply to you as an individual user.
- You should read these terms carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.
- You confirm that you are an adult business user (not a consumer and or a minor) and that you accept and agree to the terms of this licence and that you agree to comply with them.
- If you are a consumer, a minor, or do not agree to the licence you must not use our site.
2. Other applicable terms
- Our Privacy Notice, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
- Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
3. Information about us
- The site is operated by The Gap Partnership Limited ("We"). We are a limited company registered in England and Wales under company number 03467764 and have our registered office at Ashlyns Hall, Chesham Road, Berkhamsted, Hertfordshire, HP4 2ST UNITED KINGDOM. Our VAT number is GB 125 4710 36.
4. Changes to these terms
- We may revise this Licence at any time by amending this document and any changes that we may make to this Licence in the future will be posted on this page. We will notify you of any changes we make, as they are legally binding on you. Some of the provisions contained in this Licence may also be superseded by provisions or notices published elsewhere on our site.
5. Changes to our site
- We may update our site from time to time and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
- We do not guarantee that our site, or any content on it, or any results generated by it will be free from errors, bugs or omissions.
6. Accessing our site and personal non-transferable Licence
- We do not guarantee that our site, any content on it, or information uploaded to it will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our site or payment terms without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
- You are responsible for making all arrangements necessary for you to have access to our site and access to any information uploaded to it.
- You are granted a personal non-transferable Licence to use the site are also responsible for ensuring that no person other you yourself access our site through your internet connection and that at all times you strictly observe the use and other applicable terms and conditions, and that you comply with them.
- The Licence is purchased by your employer and provided by us for the period set out in our agreement with your employer. Cessation of employment at your employer will cause this Licence to expire.
7. Your account and password
- You will need to follow our joining instructions to access the site. You must create your own personal password on initial login, which you must treat as strictly confidential. You must not disclose this password to, or allow this password to be used by, any third party, or anyone else within your organisation.
- If you know or suspect that anyone other than you knows your user identification code or password, you must immediately notify us
8. Intellectual property rights
- We are the owner or the Licence of all intellectual property rights in our site and in the material published on it. Those works and our rights in them are protected by intellectual property laws and treaties around the world. All such rights are reserved.
- You may not take any paper or digital copies of any materials or download in any way the content of our site, and you must not use these or any illustrations, photographs, video or audio sequences or any graphics from the site separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
- You must not use any part of the content on our site for commercial purposes other than as a negotiation aid for you alone without obtaining a written Licence to do so from us or our Licensors.
- If you print off, copy or download any part of our site in breach of this Licence, or breach the Licence in any way, your right to use our site will cease immediately and you must cease use, inform us and, at our option, return or destroy any copies of the materials that you have made in contravention of your Licence.
9. No reliance on information
- The content on our site is provided for as a negotiation aid for you and as general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist (legal, financial, business or otherwise) advice before taking, or refraining from, any action on the basis of the content on our site or on the basis of results generated by our site.
- Although we make reasonable efforts to update the information on our site and to ensure results generated by it are correct and free from bugs, we make no representations, warranties or guarantees, whether express or implied, that the content on our site or the results generated by it are accurate, complete or up-to-date or that it is bug free.
10. Limitation of our liability
- Nothing in this Licence excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
- To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
- We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site;
- use of or reliance on any content displayed on or uploaded to our site;
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation;
- economic loss; or
- any indirect or consequential loss or damage.
- If you are a consumer user, please note that we only provide our site for business not for domestic and private use. If you are a minor, please note that we only provide our site for adult business users not for minors. Minors or consumers should not use our site for any purposes, and we have no liability to such persons for any loss or damage specified above including loss of profit, loss of business, business interruption, or loss of business opportunity.
- We will not be liable for any loss or damage caused by a virus, trojan, worm, logic bomb, denial-of-service attack, malware or other malicious or technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
- We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
- We do not guarantee that our site will be secure or free from bugs or viruses.
- You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software. You are responsible for assessing any information gained from using the site and if required taking appropriate specialist professional or other advice before acting upon, refraining from action or relying in way on such information.
- You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs, malware or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack, distributed denial-of service attack or otherwise. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
12. Linking to our site
- Unless agreed between the Parties, you may not link to our site but may, provided you obtain our prior written permission, link to the home page of our site and do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw our linking permission at any time without notice
- 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 to our site's home page in any website that is not owned and controlled by you. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
- Our site must not be framed on any other site, nor may you create a link to any part of our site.
- If you wish to link to our home page or to make any use of content on our site other than that set out above, please contact us.
13. Third party links and resources in our site:
- Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and are not responsible for them.
14. Applicable law and jurisdiction
- To contact us, please email your usual point of contact at The Gap Partnership.
Thank-you for visiting our site.
1. Data Protection
- Our Privacy Notice can be found on our website by visiting https://www.thegappartnership.com/Privacy. Any specific questions can be directed to our Data Protection Team by contacting [email protected].
1.2 Acceptable Use Policy
- This acceptable use policy sets out the terms between you and us under which you may access our website ("our site"). This acceptable use policy applies to all users of, and visitors to, our site.
- Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.
1.3 Prohibited Uses
You may use our site only for lawful purposes. You may not use our site:
- If you are a Consumer not a Business user
- Immediately following the cessation of your employment with your current employer
- If you are a minor
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards, see below.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, malware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our website Licence.
- Not to access without authority, interfere with, damage or disrupt: any part of our site; any equipment or network on which our site is stored; any software used in the provision of our site; or any equipment or network or software owned or used by any third party.
1.4 Interactive services
- We may from time to time provide interactive services on our site, including, without limitation: blogs, tutorial content, and upcoming events ("interactive services").
- Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
- We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
- The use of our site and any of our interactive services by a minor is prohibited.
- Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
1.5 Content Standards
- These content standards apply to any and all material which you contribute to our site ("contributions"), and to any interactive services associated with it.
- You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- Contributions must be: accurate (where they state facts); genuinely held (where they state opinions). They must comply with applicable law in the UK and in any country from which they are posted or used.
- Contributions from you must not:
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trademark of any other person.
- Be likely to mislead or deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from any person not from you.
- Advocate, promote or assist any unlawful activity or act (by way of example only: fraud, copyright infringement or computer misuse).
1.6 Suspension and termination
- We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- Failure to comply with this acceptable use policy constitutes a material breach of the terms of the licence upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our site.Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
- We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
1.7 Changes to the acceptable use policy
- Any changes we may make to this acceptable use policy will be communicated as we consider reasonable. Where communicated, you are expected to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
- Questions, comments and requests regarding this acceptable use policy are welcomed and should be addressed to The Gap Partnership.
- A cookie is a small data file that certain websites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you've visited, but the only personal information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites.