2. “Leicester” is defined as the University of Leicester and relevant partners
3. "You" is defined as the legal entity authorised to access the Toolkit, to include but not limited to, individuals and organisations involved in volunteering activities within and beyond the heritage sector
4.5 If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or enforceable, it shall be severed and deleted from the clause concerned and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
5. Access to licensed Toolkits
5.1 Whilst Leicester endeavours to ensure that the Toolkit is available 24 hours a day, Leicester will not be liable if for any reason they are unavailable at any time or for any period. Leicester does not guarantee that the Toolkit will be free of viruses or other harmful components, or that it cannot be tampered with by third parties.
5.2 Access to this the Toolkit may be suspended temporarily, without notice. Leicester shall not be liable to the user or any third party for the suspension of the licence.
6. Information and Links on the Toolkit
6.1 Whilst Leicester endeavours to ensure that the information on our Toolkit is correct, no warranty, express or implied, is given as to its accuracy and Leicester does not accept any liability for error or omission.
6.2 The Toolkit may contain links to third party websites which are controlled and operated by parties other than Leicester. Leicester is not responsible for the contents of any linked sites. Access by you to a linked site is at your own risk.
6.3 The inclusion of any link to a third-party site or of advertising of third party goods or services on our downloads does not imply any endorsement by Leicester of the linked websites or of any advertised goods or services.
7. Limitation and Exclusion of Leicester’s Liability
7.1 Leicester shall not be liable for any damages (including, without limitation, damages for loss of business or loss of profits) arising in contract, tort or otherwise from the use of or inability to use our Toolkit or any material contained in it, or from any action or decision taken as a result of using our downloads or any such material.
7.3 Leicester’s entire liability to you in contract, tort (including negligence) or otherwise in relation to this Toolkit shall be limited to £100.00 for any one incident or series of related incidents.
7.5 Users of the Leicester Toolkit are solely responsible for their own safety, both physical and digital.
8. Use by you of our Toolkit
8.1 You must use our Toolkit in a lawful manner consistent with all applicable laws and regulations.
8.2 You agree to indemnify Leicester and hold Leicester harmless against any claims, and reasonable costs or expenses resulting from your use of our Toolkit in breach of clause 9.
8.3 Use by you of our Toolkit is subject to our fair use policy which is determined by the sole discretion of Leicester. Should Leicester consider your Toolkit use to be in breach of what Leicester considers to be fair use, Leicester reserves the right to terminate your Toolkit licence immediately and without notice.
8.4 Use by you of the Toolkit in breach of this clause 8 entitles Leicester to terminate immediately your licence to use the Toolkit.
9. Proprietary Rights
9.1 You acknowledge and agree that the entire content, design and the selection and arrangement of the content and material contained in our Toolkit, including but not limited to text, software, music, sound, photographs, graphics, video, page layout, are protected by copyrights, trade marks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that you are permitted to use this material and information only on the bases expressly set out below and any use such as but not limited to: copying, reproducing, transmitting, distributing, or creating derivative works of such content or information is prohibited without the prior express written authorisation of Leicester.
9.2 You acknowledge that the copyright, design right and all other intellectual property rights in any product downloaded from Leicester and any other documents or items prepared or produced in relation to the Toolkit belong to us absolutely. The names, images and logos identifying Leicester are propriety marks of Leicester:
9.2.1 use of documents and related graphics contained within the downloads, the downloads themselves are for personal non-commercial use within the licensed organisation only;
9.2.2 any copies of these pages saved to disk or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for personal use within the licensed organisation only;
9.2.3 no part of the content contained within our Toolkit may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Leicester’s prior written permission.
10.1 Leicester conforms to the UK Data Protection Act 2018 and the UK GDPR.
10.2 We use the personal information we collect solely to administer your download
10.3 When you provide personally identifiable information to Leicester, we may use it to provide you with ongoing information about Leicester’s products and services. Leicester will not rent, sell or lease this personally identifiable information to other companies or individuals. You have a right to access, rectify, modify and delete any data referring to you. In order to exercise this right please contact us immediately.
10.4 We follow strict security procedures in the storage and disclosure of information that you have supplied to us. Leicester is committed to protecting and respecting your privacy. We do not share our mailing lists with any third parties, including advertisers or partners.
11.1 Only members of staff working in an organisation who have registered for a licence, may use and access the Toolkit.
11.2 By accessing and using our Toolkit, you agree that:
11.2.1 you will provide feedback on the Toolkit to Leicester 6 and 12months after registration using the contact details below;
11.2.2 you will not do anything which would assist anyone who is not employed by a licensed organisation to gain access to the Toolkit; and
11.2.3 you will not seek to modify the Toolkit; nor will you seek to pass off the content as your own.
11.3 You agree to notify us immediately if you become aware of any unauthorised use of the Toolkit licensed to your organisation.
11.4 If, for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your licence immediately and without prior notice.
11.5 We may terminate your licence, at our sole discretion, by emailing you at the address you provided during your initial registration, stating that the agreement has terminated.
12. You can contact us at this email address: firstname.lastname@example.org.
If you would like to raise concerns with the institution which has funded and approved this toolkit, please email Professor Richard Sandell, University of Leicester at email@example.com.