Website Terms of Use

These terms tell you the rules for using our website (our site).

By using our site you accept these terms:

·        There are other terms that may apply to you and we urge you to review the entire site.

·        We may make changes to these terms at our discretion.

·        We may make changes to our site at our discretion.

·        We may suspend or withdraw our site at our discretion.

·        Our site is only for users in the UK.

·        We are not responsible for websites we link to.

·        User-generated content is not approved by us.

·        We have no responsibility for loss or damage suffered by you.

·        We may use your personal information in accordance with our privacy policy.

·        We are not responsible for viruses and you must not introduce them.

WHO WE ARE AND HOW TO CONTACT US

www.msduk.org.uk is a site operated by Minority Supplier Development UK Limited ("We" “MSDUK”). We are registered in England and Wales under company number 5882418 and have our registered office at Studio 5, Phoenix Square, 3 Burton Street, Leicester, LE1 1TB.

To contact us, our customer service line is on 01162532520.

BY USING OUR SITE YOU ACCEPT THESE TERMS

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These terms of use refer to the following additional terms, which also apply to your use of our site:

Our Privacy Policy is at https://www.msduk.org.uk/privacy-policy/.

WE MAY MAKE CHANGES TO THESE TERMS

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

WE MAY MAKE CHANGES TO OUR SITE

We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities.

WE MAY SUSPEND OR WITHDRAW OUR SITE

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.

HOW YOU MAY USE MATERIAL ON OUR SITE

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. The content in this site is: Copyright © Minority Supplier Development UK Ltd. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics 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 without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

DO NOT RELY ON INFORMATION ON THIS SITE

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

USER-GENERATED CONTENT IS NOT APPROVED BY US

This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

We may, but are not obligated to, monitor or review any areas on the site where users transmit or post communications or communicate solely with each other. We, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

If you wish to complain about information and materials uploaded by other users, please contact us.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

Whether you are a consumer or a business user:

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user:

We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

We will not be liable to you 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; or

·        use of or reliance on any content displayed on our site.

In particular, we will not be liable for:

·        loss of profits, sales, business, or revenue;

·        business interruption or wasted costs;

·        loss of anticipated savings;

·        loss of business opportunity, goodwill or reputation; or

·        any indirect or consequential loss or damage.

If you are a consumer user:

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our https://www.msduk.org.uk/privacy-policy/.

         UPLOADING CONTENT TO OUR SITE

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site (for example, through using the Forum area), you may not use our site:

·        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.

·        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 or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You warrant that any such contribution does comply with the Content Standards set out below, and you will be liable to us and indemnify us for any breach of that warranty or for any other breach of these Terms. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described below.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with our content standards.

You are solely responsible for securing and backing up your content.

CONTENT STANDARDS

These content standards apply to any and all material which you contribute to our site (Contribution), and to any interactive services associated with it.

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

MSDUK will determine, in its discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

·        Be accurate (where it states facts).

·        Be genuinely held (where it states opinions).

·        Comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

·        Be defamatory of any person.

·        Be obscene, offensive, hateful or inflammatory.

·        Bully, insult, intimidate or humiliate.

·        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 trade mark of any other person.

·        Be likely to deceive any person.

·        Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

·        Promote any illegal activity.

·        Be in contempt of court.

·        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.

·        Impersonate any person or misrepresent your identity or affiliation with any person.

·        Give the impression that the Contribution emanates from MSDUK, if this is not the case.

·        Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.

·        Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

·        Contain any advertising or promote any services or web links to other sites.

BREACH OF THIS POLICY

When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this policy constitutes a material breach of these terms of use 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 Contribution 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 or as required by law.

We exclude our liability for all action we may take in response to breaches of this policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD

When you upload or post content to our site, you grant us the following rights to use that content:

·                  a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the site or the service forever;

·                  a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content for their purposes, to expire when the content is deleted from the site.

OPTING OUT

You can ask us to stop sending you marketing messages at any time by contacting us via email diversity@msduk.org.uk and asking us to "stop sending you updates"

You can ask us to stop using and sharing the content you upload to this site with Third Parties at any time by contacting us at any time diversity@msduk.org.uk email/phone number

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE 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 programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must n ot attempt to gain unauthorised 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 or a distributed denial-of service attack. 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.

RULES ABOUT LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

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 in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site other than that set out above, please contact us.

WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

OUR TRADE MARKS ARE REGISTERED

“MSDUK” and “MSDUK INNOVATION CHALLENGE” are UK registered trade marks of MSDUK. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under these Terms or by agreement with us.

REQUEST FOR INFORMATION FROM SUPPLIERS USING REGISTRATION FORMS

As a part of the initial application to become a member of MSDUK, we will obtain information from you which may consist of personal and business information and data. Such information will be shared on your business profile and will be accessible through our database, which is accessible by our corporate network and partners. It is a requirement that you share such information with us to enable us to share it with our corporate network and partners and any concerns about the sharing of such information should be communicated to us in advance of your registration.

EQUAL OPPORTUNITIES MONITORING

MSDUK is keen to know how successful its efforts are amongst different ethnic groups and other minorities. You agree that any information you provide can be used by MSDUK for statistical purposes. Any such information shall be used in accordance with our privacy policy.