| These terms and conditions set out
the terms of use of the NAGALRO online directory of independent social workers
(the “Directory”). By using the Directory you agree to be bound by
these terms and conditions. In these conditions, “NAGALRO”, “we”
or “us” means NAGALRO a company limited by guarantee and incorporated
in England and Wales under number 03146305. “You” and “yours”
means the user of the Directory or any company or other person on whose behalf
that user is accessing the Directory.
1. Use of the site
Our website and the Directory are directed exclusively at persons and commercial
enterprises in the United Kingdom. If you are not resident in the United Kingdom
DO NOT USE THIS SITE. We reserve the right to refuse to permit you access to all
or part of the site without reason.
2. Intellectual Property
2.1 All copyright, database rights and all other intellectual
property rights in the Directory, the arrangement thereof and the design, text,
logos, graphics and other material in the Directory or on our website and the
selection and arrangement thereof is the property of NAGALRO.
2.2 No part of the Directory or any designs, text, logos, graphics
or other material appearing on our website may be used or reproduced in any way
without our prior written consent with the exception of downloading and printing
such material for your own personal non commercial use for off line viewing. Personal
non-commercial use means that you may not sell, resell, retransmit or otherwise
make the material available in any manner or in any media to any third party.
2.3 All trade marks, product names and company names or logos
used in the Directory or otherwise on our website are our property or that of
a third party who has licensed the use to us. No permission is given by us or
any third party in respect of the use of any such trade marks, get-up, product
names, company names, logos or titles and such use may constitute an infringement
of the holder’s rights.
3. Our Liability
3.1 We do not warrant or represent that access to the Directory
or any part of it will be uninterrupted, reliable or fault free nor that its contents
will be accurate, complete or reliable. Although we will take reasonable precautions
we cannot guarantee that downloaded material from our web-site will be free of
viruses or other harmful elements.
3.2 Prior to including a member in the Directory, NAGALRO will
undertake the following steps:
i) Verification of the social work qualification of the member recognised by the
General Social Care Council;
ii) Obtain evidence of a clear Enhanced Disclosure completed by the Criminal Records
Bureau within the three years prior to inclusion of that member in the directory;
iii) The taking up of two professional references.
These checks are undertaken for NAGALRO’s own purposes in order for it to
satisfy itself as to the suitability of the member. NAGALRO does not however make
any representation to the user of the Directory as to the suitability of any candidate
for the purposes of any project to be undertaken. The user must satisfy itself
as to the suitability of a candidate and should take up their own references and
take such other steps as they consider appropriate to satisfy themselves as to
the suitability of the candidate.
3.3 As we do not make any charge for the use by you of the Directory,
we are unable to accept and hereby exclude any and all liability (whether arising
in contract, tort or otherwise and whether or not due to our negligence) which
we may otherwise have to you relating to your use of the Directory or any other
part of our website or otherwise in connection with the Directory or our website
including without limit liability as a result of any technical, factual, textual
or typographical inaccuracies, errors or omissions on or relating to our website
or any information or statement in our Directory, the unavailability of the Directory
(or any part of it) or any misrepresentation on or relating to our website or
the Directory (other than a fraudulent misrepresentation made by us or on our
behalf)
3.4 Without prejudice to the generality of any other provision
hereunder, you agree that we shall have no liability for indirect or consequential
losses, loss of data, income or profits or damages for loss of or damage to property.
3.5 You agree that each of the limitations contained in these
conditions is reasonable having regard to the nature of the Directory, the fact
that we do not charge you for the use of the Directory and given the fact that
when you purchase information, goods or services from persons listed in the Directory
you will enter into a separate contract with the provider of services in each
case.
3.6 None of the exclusions or limitations in these conditions
shall exclude or restrict our liability for death or personal injury caused by
our negligence or shall affect any statutory rights which are not capable of being
excluded.
3.7 Each of the exclusions or limitations in these conditions
shall be construed as a separate, and severable, provision. If any provision of
these conditions is found to be invalid or unenforceable but would be valid or
enforceable if some part of the provision were deleted, the provision in question
shall apply with such modification(s) as may be necessary to make it valid.
4. Agreement with Service Providers
Users of the Directory do so at their own risk. We do not buy or sell goods or
services as principal or agent and accept no responsibility for the quality or
suitability of any goods or service, their timely provision, or the credit worthiness
or good standing of any supplier of services listed in the Directory. Your rights
and remedies will be governed by your agreement with the service provider. We
will however look into any complaint that we receive concerning any person in
the Directory and take what we consider to be the appropriate action.
5. Changes to these conditions
We reserve the right at any time without notice to revise the content
of the Directory and these conditions. Any changes to these conditions will be
posted on our website and by continuing to use the Directory following any such
change you will signify that you agree to be bound by the revised terms and conditions
of use.
6. Access
We reserve the right in our sole discretion to deny users access to the
Directory or any part of our website without notice and to decline to provide
the Directory to any user that is in breach of these conditions.
7. Rights of Third Parties
Nothing in these terms and conditions confers any right on any person
other than NAGALRO and the user, pursuant to the Contract (Rights of Third Parties)
Act 1999.
8. Law and jurisdiction
These terms and conditions (and any dispute, proceedings or claim of
whatever nature arising out of or in any way relating to them or their formation)
shall be governed by and interpreted in accordance with English law and, for these
purposes, the parties irrevocably submit to the exclusive jurisdiction of English
courts. |
