[Last Updated: 10 February 2021]

Introduction

Our Thriving Communities Network brings together local voluntary, community, faith, social enterprise groups and organisations, to champion and amplify the impact of their work, and inspire innovation. We have created the Thriving Communities Network to allow members to

These Thriving Communities Network Terms of Use (“Network TOU”) are the terms that apply to your use of the Thriving Communities Network.  The Thriving Communities Network is intended to be a place where local voluntary, community, faith, social enterprise groups and organisations can come together to champion and amplify the impact of their work, and inspire innovation.  The Network TOU protects the interests of all our clients, as well as our goodwill and reputation.

You must not act in a way that goes against these Network TOU and you must not assist or engage others in a way that would violate these Network TOU.

We reserve the right to modify these Network TOU at any time without giving you prior notice.  This webpage will always show the most up to date Network TOU and will show the date on which they were last updated. Your use of the Thriving Communities Network following any such modification constitutes your agreement to follow and be bound by these Network TOU as modified. You agree to review the Network TOU on a regular basis and always remain in compliance. If at any time you do not agree with these Network TOU you must stop using the Thriving Communities Network immediately.

PLEASE READ THESE NETWORK TOU CAREFULLY BEFORE USING THE THRIVING COMMUNITIES NETWORK.

BY USING THE THRIVING COMMUNITIES NETWORK YOU ARE AGREEING TO ABIDE BY THESE NETWORK TOU.

  1. Definitions

“Account” means an account to use Thriving Communities Network.

“Agreement” or “Network TOU” means these Thriving Communities Network Terms of Use and all materials referred or linked to in these terms, including but not limited to:

  • our “Privacy Policy” at [https://socialprescribingacademy.org.uk/privacy-statement/];
  • [our “Community Usage Guidelines” at [https://socialprescribingacademy.org.uk/network/topic/code-of-conduct/]]; and
  • [our “Cookie Policy” at [https://socialprescribingacademy.org.uk/cookie-policy/]

“Network Content” means all content, including without limitation, language, data, information, and images, provided through or disclosed by use of the Thriving Communities Network, whether by us, our customers, or other users of the Thriving Communities Network.  Network Content does not include Your Content.

“Network Usage Guidelines” means the policies applicable to users of the Thriving Communities Network which we have published at [LINK], or another website we designate.

“Profile Photograph” means a photograph you upload to your Account to display to others with your Username.

“Thriving Communities Network” means the online community accessible at [https://socialprescribingacademy.org.uk/thriving-communities/network/].

“Sensitive Personal Data” means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs; trade-union membership; genetic data, biometric data; health related data; and data concerning a person’s sex life or sexual orientation.

“Third-Party Products” means products and professional services that are provided by third parties which may interoperate with or be used in connection with the Thriving Communities Network products.

“Third-Party Sites” means third-party websites linked from within or accessed through the Thriving Communities Network.

“User” means a user of the Thriving Communities Network that is not you.

“Username” means the username that you use on the Thriving Communities Network to uniquely identify your Account to others;

“User Content” means all content, including without limitation, language, data, information, and images, provided through or disclosed by use of the Thriving Communities Network, by a User.

“we”, “us” or “our” means the National Academy for Social Prescribing as operators and owners of the Thriving Communities Network.

“You” or “your” means the person or entity using the Thriving Communities Network.

“Your Content” means all content, including without limitation, language, data, information, and images, provided through or disclosed by use of the Thriving Communities Network, by you.

  1. Access to the Thriving Communities Network and your Account

We will provide you access to use the Thriving Communities Network according to the terms of this Agreement.  We may use third party service providers to provide some or all elements of the Thriving Communities Network.

In order to access and use the Thriving Communities Network, you may be required to establish an account with a third party service provider, and by creating an account to use Thriving Communities Network you grant us the right to share with our third party service providers the information we consider necessary to enable your use of the Thriving Communities Network, as described in more detail in our Privacy Policy.

When using the Thriving Communities Network you must not create and/or use a Username and/or a Profile Photograph that: (i) belongs to someone else, (ii) impersonates another person or business, (iii) is misleading, (iv) violates any intellectual property or other proprietary rights of another person or entity, (v) is, in our opinion, vulgar or offensive, (vi) uses ‘Thriving Communities Network’ as all or part of it unless we provide express permission to do so, or (vii) that we reject, which we may choose to do in our discretion.  All information you provide in your profile must be accurate.

You are solely liable for all activity under your Account. When your create your Account you must create a secure password. You must not share your password or log in details with any other party and must maintain the security of your Account at all times.

If you believe your Account has been breached, compromised, or subject to unauthorised access, or the security of your Account has otherwise been affected, you must notify us immediately at thrivingcommunities@nasp.info and give us all reasonable help and assistance when we ask you to help secure your Account and prevent another incident. If we believe your Account has been compromised, we may suspend or disable it without prior notice to you.

  1. Your Conduct and Content

Community Usage Guidelines.  You must review and follow our Community Usage Guidelines.  We may update our Community Usage Guidelines from time to time and will publish the changes on the Community Usage Guidelines webpage. Your use of the Thriving Communities Network is subject to the Community Usage Guidelines, which are incorporated to this Agreement by reference and a breach by you of the Community Usage Guidelines will be considered a breach of this Agreement.

Acceptable Use.  You must only use the Thriving Communities Network for its intended purpose, and must not use it for solicitation or advertising purposes, unless we otherwise agree. Without limiting the other requirements in these Network TOU, you may not (directly or indirectly) use the Thriving Communities Network with content, or in a manner that:

  • is in violation of this Agreement;
  • is confidential, proprietary or discloses Sensitive Information;
  • discloses or solicits the Sensitive Personal Data of any person;
  • is threatening, abusive, harassing, stalking, or defamatory;
  • is deceptive, false, misleading or fraudulent;
  • is invasive of another’s privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);
  • contains vulgar, obscene, indecent or unlawful material;
  • infringes a third party’s intellectual property right(s);
  • publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so;
  • uploads files that contain viruses (or any other malicious code), corrupted files, or any other similar software or programs that may damage the operation of another person’s computer;
  • downloads any file that you know, or reasonably should know, cannot be legally distributed in that way;
  • falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded;
  • restricts or inhibits any other user of the Thriving Communities Network from using and enjoying our website and/or the Thriving Communities Network product;
  • harvests or otherwise collects information about others, including e-mail addresses, without their consent;
  • damages, disables, overburdens, or impairs any Thriving Communities Network website or interferes with any other party’s use and enjoyment of the Thriving Communities Network;
  • mirrors or frames the Thriving Communities Network website, or any part of it, on any other website or webpage;
  • attempts to gain unauthorized access to the Thriving Communities Network, or access the Thriving Communities Network by any means other than through the interface that we provide to you;
  • violates the usage standards or rules of an entity affected by your use, including without limitation, any ISP, ESP, or news or user group (and including, by way of example, and not limitation, circumventing or exceeding equipment use rights and restrictions and/or location and path identification detail);
  • is legally actionable between private parties; and/or
  • is in violation of any applicable law or regulation.

Using Network Content and Your Content. You are not permitted to sell, rent, lease, assign, sublicense, distribute, transmit, broadcast, commercially exploit, grant a security interest in, or otherwise transfer any right in the Thriving Communities Network or Network Content. You grant to us all rights, licenses and permissions necessary to display, reproduce, disseminate, and otherwise use Your Content in connection with the Thriving Communities Network.  We may edit or remove Your Content, or block or disable replies on a topic, at any time in our sole discretion. You must not upload any content if you cannot legally grant us the rights and licences required for us to display and use that content on the Thriving Communities Network.  Your Content should relate to inbound best practices, the Thriving Communities Network products or their use. You are responsible for all content you upload. We accept no liability for the content uploaded by you or other Users.

Personal Data and Confidential Information. We will only use your personal data in accordance with our Privacy Policy.  The Thriving Communities Network is meant for public discussion, and you must not disclose or solicit anyone’s personal data (including their Sensitive Personal Data) or disclose confidential or business sensitive information.  You are responsible for the use by third parties of any personal data or confidential information disclosed by through your Account to the Thriving Communities Network, whether or not you permitted such use.  With our consent, certain users may be permitted to include a link as part of their signature information, which another user may click to leave the Thriving Communities Network and obtain or share additional information.  If you share personal data by following one of these links, then you grant us the right to further share your personal data with trusted partners so that they may contact you about inbound marketing or sales service offerings in accordance with our Privacy Policy.

Availability, Suspension and Notice of Violations. We do not guarantee the availability of the Thriving Communities Network. We may immediately and at any time suspend, withdraw, or restrict access to any part of the Thriving Communities Network, without notice, for operational reasons. We will try and give you notice of any such suspension or withdrawal of the Thriving Communities Network, however do not guarantee we will always give you notice.

We may suspend or terminate your account without notice at our discretion and may do so if we believe you have breached this Agreement.

If you know any person and/or Account that is in violation of this Agreement please notify us by contacting us at thrivingcommunities@nasp.info

  1. Thriving Communities Network’s Proprietary Rights

These Network TOU do not transfer any intellectual property rights to you. All rights, title, and interests in the Thriving Communities Network and the Network Content belong to us and/or our licensors. You must not extract and/or copy Network Content except as permitted by us.  You must obtain our written permission to modify, create derivative works of, decompile or otherwise attempt to extract source code from us.

We encourage all customers to comment on the Thriving Communities Network products, provide suggestions for improving them, and vote on suggestions they like. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into the Thriving Communities Network products, without payment or attribution to you.

  1. Third-Party Sites and Products

Third-Party Products and Third-Party Sites are not under our control. Third-Party Sites and Products are provided to you only as a convenience, and the availability of any Third-Party Site or Product does not mean we endorse and/or support and/or warrant the Third-Party Site or Product or its/their content.

  1. Term and Termination

Term.  This Agreement will apply for as long as you use or maintain an Account for the Thriving Communities Network.

Termination and Suspension.  We may terminate this Agreement and/or suspend your access to the Thriving Communities Network Community immediately if you: (i) violate any of the terms of this Agreement, (ii) use the Thriving Communities Network in a way which has or may negatively reflect on or affect us, our prospects, or our customers, or (iii) if we determine it to be necessary or desirable in our sole discretion.  We are not obligated to provide you with any of Your Content used in connection with the Thriving Communities Network after termination.  Termination or expiration of this Agreement shall not cause your subscription agreement to be terminated, if you have one.

  1. Your Representations and Warranties

You represent and warrant that: (i) your participation in the Thriving Communities Network does not conflict with any of your existing agreements or arrangements, (ii) you have sufficient rights to share all Your Content with us for our use and with other users of the Thriving Communities Network, and that you are not violating any confidentiality obligations by submitting Your Content to the Thriving Communities Network, and (iii) that Your Content does not violate or constitute the infringement of any intellectual property right, right of privacy, right of publicity or other proprietary right.

  1. Indemnification

You indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party to the extent that such Action is based upon or arises out of (a) your use of the Thriving Communities Network, (b) disclosure or solicitation of personal data from your Account, (c) any use of personal data that is disclosed by or from your Account, (d) your noncompliance with or breach of this Agreement, or (e) your use of Third-Party Products or Third-Party Sites. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defence or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defence or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.

  1. Disclaimers; Limitations of Liability

Disclaimer of Warranties. WE AND OUR AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE Thriving Communities Network PRODUCTS OR SERVICES, THE THRIVING COMMUNITIES NETWORK, OR THE NETWORK CONTENT FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE THRIVING COMMUNITIES NETWORK IS PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE THRIVING COMMUNITIES NETWORK AND THE NETWORK CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE THRIVING COMMUNITIES NETWORK AND NETWORK CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.

No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.

Limitation of Liability. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO £5million.

User Content, Third Party Products and Sites. WE DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS, NETWORK CONTENT (INCLUDING ITS ACCURACY), AND THIRD-PARTY SITES THAT YOU USE. OUR LICENSORS SHALL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT.

Nothing in this Agreement limits our or your liability for death, personal injury, or fraudulent misrepresentation caused by our or your negligence (as applicable) or any other liability which may not be excluded or limited by law.

BY USING THE THRIVING COMMUNITIES NETWORK YOU AGREE YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE THRIVING COMMUNITIES NETWORK TO YOU.

  1. General

Amendment. We may update and change any part or all of this Agreement at any time. If we update or change this Agreement, the updated Agreement will be posted at https://socialprescribingacademy.org.uk/thriving-communities/network/network-terms/ The updated Agreement will become effective and binding on the next business day after it is posted. When we change this Agreement, the “Last Modified” date above will be updated to reflect the date of the most recent version. We encourage you to review this Agreement periodically. If you do not agree with a modification to this Agreement, you should not use the Thriving Communities Network.

Applicable Law. This Agreement shall be governed by the laws of England.. In the event either of us initiates an action in connection with this Agreement or any other dispute between the parties, the exclusive venue and jurisdiction of such action shall be in the courts of England and Wales.

Force Majeure. Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.

Relationship of the Parties. Both you and we agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement.

Compliance with Applicable Laws. You shall comply with all applicable foreign and domestic laws (including without limitation, export laws), governmental regulations, ordinances, and judicial administrative orders. Export laws and regulations of the United Kingdom and any other relevant local export laws and regulations may apply to the Network Content and the Thriving Communities Network products and services. You will comply with the sanctions programmes administered by Thriving Communities Network. You will not directly or indirectly export, re-export, or transfer the Network Content or the Thriving Communities Network products and services to prohibited countries or individuals or permit use of the Network Content or the Thriving Communities Network products and services by prohibited countries or individuals.

Errors and Inaccuracies. The Network Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update the Network Content and Your Content at any time without prior notice. However, we do not guarantee that any errors, inaccuracies or omissions will be corrected and you should not reply upon the Network Content’s accuracy.

Severability. If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.

Notices. Notice will be sent to the contact address set forth herein (as such may be changed by notice given to the other party), and will be deemed delivered as of the date of actual receipt.

To Thriving Communities Network: National Academy for Social Prescribing, Southbank Centre, Belvedere Road, London, SE1 8XX

To you: your address as provided in our account information for you.  We may give electronic notices specific to you by email to your e-mail address(es) on record in our account information for you. We may give notice to you by telephone calls to the telephone numbers on record in our account information for you.

Entire Agreement. This Agreement is the entire agreement between us for Thriving Communities Network and supersedes all other proposals and agreements, whether electronic, oral or written, between us. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website. It is the express wish of both you and us that this Agreement and all related documents be drawn up in English. We might make versions of this Agreement available in languages other than English. If we do, the English version of this Agreement will govern our relationship and the translated version is provided for convenience only and will not be interpreted to modify the English version of this Agreement.

No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or shall confer upon any person or entity (other than the parties hereto) any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

Network Usage Guidelines. We may change the Network Usage Guidelines from time to time by updating our website.

No Licences. We grant to you only the rights and licences expressly stated in this Agreement, and you receive no other rights or licences with respect to us, the Thriving Communities Network products and services, our trademarks, or any other property or right of ours.

Authority. Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms.

Survival. The following sections shall survive the expiration or termination of this Agreement: ‘Thriving Communities Network’s Proprietary Rights’, ‘Your Representations and Warranties’, ‘Indemnification’, ‘Disclaimers; Limitation of Liability’, and ‘General’.