Terms and Conditions
1. Terms of Use
1.1 These terms and conditions of use ("User Terms") apply to users of the website accessed via the following website addresses: xchangewales.gov.uk, cyfnewidcymru.gov.uk, www.xchangewales.com, www.xchangewales.co.uk, www.cyfnewidcymru.co.uk and www.cyfnewidcymru.com (the "Site").
1.2 By using the Site you agree to be bound by the User Terms and in particular you agree and accept the disclaimers, indemnity and limitations of liability contained in these User Terms. Please read these User Terms carefully. If you do not wish to be bound by these User Terms please leave the Site immediately.
1.3 In these User Terms "we", "us" and/or "our" means the Department for Public Service and Performance, a department of the Welsh Assembly Government acting on behalf of the Welsh Ministers of Cathays Park, Cardiff CF10 3NQ (together with our employees, officers, agents and contractors) and "you" and/or "your" means you, the person using the Site (and/or the organisation you represent or work for).
2. Accessing the Site
2.1 We will permit you to access and use the Site on and subject to these User Terms.
2.2 The Site is provided for the purposes of allowing organisations (and individuals acting on behalf of such organisations) to browse and access the information posted on the Site and also gives details of how more information can be obtained from us.
2.3 The Site is maintained for your personal use and viewing. In these User Terms "Content" means the design, text, graphics and any information accessible via the Site. Except as otherwise permitted by us, you are permitted to copy, download, print out and use the Content solely for your own personal non-commercial use.
2.4 You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these User Terms, and that they comply with them.
2.5 These User Terms may be updated at any time with or without notice to you and the most current version will be posted on the Site.
3. Your Obligations
3.1 You must not:
(a) copy, download, print out, reproduce or use the Content or any part of it in any manner whatsoever, except as permitted by these User Terms or authorised by us in writing;
(b) alter any part of the Content;
(c) remove any trade marks, copyright or other intellectual property notices or watermark forming part of the Content or from any material copied or printed from the Site;
(d) interfere with, or attempt to interfere with, any security measures belonging to or relating to the Site; or
(e) assign or otherwise dispose of any of your rights under these User Terms.
3.2 You are responsible for configuring your information technology, computer programs and platform in order to access the Content. You should use appropriate virus protection software.
4. Our Obligations
4.1 We will:
(a) use reasonable endeavours to exercise reasonable care when placing Content on the Site;
(b) use reasonable efforts to make the Site available; and
(c) take reasonable steps to ensure that any interruptions to access to the Site by any event within our control are kept to a minimum. In this regard please note that access to the Site may be interrupted for short periods whilst essential maintenance works and/or upgrades to the Site are carried out.
4.2 Please note that:
(a) whilst we will endeavour to ensure that the Site is usually available 24 hours a day, we shall not be liable if for any reason the Site is unavailable at any time or for any period; and
(b) access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
4.3 As part of your use of the Site you may submit to us and/or we may gather personal information relating to you. We shall use such information in accordance with the terms of our Privacy Policy, which may be accessed via the Site.
5. Modification, Suspension and Withdrawal of Content or the Site
We reserve the right at any time and from time to time in our sole discretion and with or without notice to change or withdraw part or all of the Content and/or modify or discontinue, temporarily or permanently, the Site (or any part thereof) or your individual use of the Site. You agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Site. Our rights under this paragraph are in addition and without prejudice to all our other rights and remedies.
6. Ownership and Use of Proprietary Rights
6.1 All copyright, trade marks, database rights and other intellectual property rights in the Content (including, without limitation, the design, selection and arrangement of the Site and all logos, text and graphics on the Site) shall at all times remain vested in us and where relevant our licensors. You are permitted to use the Content only as expressly authorised in these User Terms. If you become aware of any unauthorised use of the Content you agree to notify us immediately.
6.2 The names, images and logos identifying The Welsh Assembly Government are proprietary marks of the Welsh Ministers. The names, images and logos identifying the xchangewales programme and its eProcurement family of systems (including, but not limited to, any and all names, images and logos for "xchangewales" and "cyfnewidcymru") are proprietary marks of the xchangewales programme. You may not use such names, images or logos in any advertising, promotional literature or other materials without our prior written consent. Copying or use of any other third party logos accessed via the Site is not permitted without prior approval from the relevant copyright owner.
6.3 Requests for permission to use our names, images and logos should be
directed to the Welsh Assembly Government Corporate Communications Branding Team as follows:
Email: brandingqueries@wales.gsi.gov.uk
Tel: 0845 010 3300
Fax: 02920 82 3001
6.5 For further information on Crown copyright policy and licensing arrangements, see the guidance featured on the Office of Public Sector Information website - www.opsi.gov.uk.
7. Your Warranties and Indemnity
7.1 By using the Site you represent and warrant that you will comply with these User Terms including, without limitation, the restrictions relating to acceptable use at paragraph 2 and your obligations set out at paragraph 3 above.
7.2 You hereby agree to indemnify, keep indemnified and hold us or any of our officers, employees, agents and/or sub-contractors harmless from and against any and all costs, claims, losses, damages, liabilities or expenses (including but not limited to legal fees) by any third party in any jurisdiction due to or arising out of your use of the Site and/or the Content, your connection to the Site and/or any breach by you of these User Terms and/or any third party rights.
8. Disclaimer and Limitations of Liability
8.1 You expressly agree and understand that the Site is provided on an 'as is' and "as available" basis. We expressly make no representations or warranties of any kind with regard to the Content and your use of the same and the Site generally and disclaim all such representations and warranties. In particular, we make no representations, endorsements or warranties of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, completeness, non-infringement, compatibility, reliability, security and accuracy in relation to the Site and/or the Content. You are responsible for seeking your own independent advice before acting in reliance upon any information featured on the Site and also for any use that you make of it.
8.2 Any Content downloaded or otherwise obtained through the use of the Site is done so at your own discretion and risk and you understand and agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download by you of the Content (or any part of it).
8.3 Whilst we will endeavour to ensure that the Content (including any information) featuring on the Site is correct, the Content may contain inaccuracies or typographical errors and we do not warrant the accuracy or reliability of the Content. Any and all liability howsoever arising for any such inaccuracies or errors or for:a) any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to the Site or the Content (or any part of them); or b) the unavailability of the Site (or any part of it) or any Content; or c) any statement or representation made by third parties featuring on the Site; or d) any delay in providing, or failing to provide or make available Content, and any negligent provision of Content; or (e) any misrepresentation on or relating to the Site or the Content (or any part of them) other than a fraudulent misrepresentation made by us or on our behalf is hereby expressly excluded to the fullest extent permitted by law.
8.4 In no event will we be liable whether in contract, tort, negligence or otherwise for any loss or damage whatsoever and whether direct or indirect arising out of or in connection with your use of the Site and/or the Content including, without limitation, damage to software or hardware, economic loss, loss of profits, loss of data, consequential damage, loss of or damage to property and third party claims.
8.5 Notwithstanding the foregoing, none of the exclusions and limitations in these User Terms are intended to limit any rights you may have as a consumer or other statutory rights which may not be excluded nor in any way to exclude or limit our liability to you for death or personal injury resulting directly from our negligence.
8.6 You agree that each of these limitations is reasonable having regard to the nature of the Site. Each of the above exclusions or limitations shall be construed as a separate and severable provision of these User Terms.
9. Links to and from Third Party Websites
9.1 We encourage users to establish hypertext links to the Site. You do not have to ask permission to link directly to pages hosted on the Site. We do not object to you linking directly to the information that is hosted on the Site. However, we would prefer it if our pages were not to be loaded into frames on your website. Welsh Assembly Government web pages should load into the user's entire window. We do not permit our pages to be loaded into frames on your website.
9.2 If you wish to include Welsh Assembly Government web pages within a portal site then please contact the Webmaster@wales.gsi.gov.uk. Please include your contact details name, address, telephone number, fax number and e-mail and a description of your portal site.
9.3 We may from time to time provide links from the Site to third party websites. We shall endeavour to ensure that links to other websites are clearly signposted. The provision of such links should not be taken as an endorsement of any kind. We cannot guarantee that such links will work all of the time and we have no control over the availability of linked pages. By offering you links to third party websites, we do not either implicitly or expressly endorse anything contained on such websites nor do we have any association with the operators of such websites. We recommend that you review any terms and conditions belonging to any third party websites before using such websites.
9.4 We will not be liable in any way whatsoever and we make no representations, warranties, recommendations or endorsements in connection with the availability of any third party websites or any content, advertising, products or services on or available from such websites. We also expressly exclude liability for any inaccurate, offensive, defamatory or obscene material which appears on such websites. If you decide to access any of the websites linked to the Site you do so at your own risk.
10. Virus Protection
We make every effort to check and test material at all stages of production. It is always wise for you to run an anti-virus program on all material downloaded from the Internet. We cannot accept any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using material derived from the Site.
11. Updating these User Terms
We may vary these User Terms at any time without notice to you by posting new terms and conditions on the Site. You are responsible for regularly reviewing these User Terms to obtain notice of such changes. After any variation it will be the then current User Terms displayed on the Site that will be binding on you and your use of the Site after any such change means you have accepted the new User Terms.
12. Feedback and Complaints
If you have any complaints about any aspect of the Site or if you have any questions or would otherwise like to provide any feedback you are encouraged in the first instance to contact us via the contact details provided within the Site. This in no way detracts from the rights of any user of the Site.
13. General
13.1 If any court holds any provision of these User Terms to be void or unenforceable, it shall be deleted and the remaining provisions shall continue in full force and effect.
13.2 No waiver by us of any breach of these User Terms by you shall amount to a waiver of any subsequent breach of the same or any other provision.
13.3 We shall not be liable for any loss suffered by you or deemed to be in default for any delays or failures in performance hereunder resulting from causes beyond our reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority or if our servers are not working.
13.4 These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising under these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
