This Agreement is between you and The Royal Borough of Kensington and Chelsea ("RBKC", "we" or "us").
These terms and conditions of use (the "Terms and Conditions") applies to your use of the RBKC Local Development Framework (LDF) Consultation Web Site http://ldf-consult.rbkc.gov.ukas well as other pages and information which may be operated, hosted or managed by RBKC or its affiliates (together, the "RBKC Web Services") on the RBKC LDF Web Site. The RBKC LDF planning consultation service will require your use of a Screen Name, and this Agreement contains terms which are applicable to the use of the planning consultation service.
By completing the registration process to obtain and use a Screen Name, you signify that you agree to these Terms and Conditions.
Please print and/or save a downloaded copy of these Terms and Conditions on your computer for your reference. These Terms and Conditions may be updated or additional terms may apply, from time to time. Each time you visit RBKC LDF Web Services please look out for these notices of updates and when you see these read and print and/or save a downloaded copy.
As protecting your privacy is important, we would first like you to have a clear understanding of how you agree that your personal information will be used by clicking "I agree to the terms and conditions of registering" when you sign up for the RBKC LDF Web Service.
1. Personal Information
1.1. Personal Information is information that identifies you, including identity, that you may provide to RBKC or RBKC may collect through your use of the RBKC LDF Web Services ("Personal Information"). Your Personal Information will be collected, processed, stored and used by us, and passed to and processed by other data processors acting under our control, in order to provide the Services, to provide customer support and for other purposes described in our Privacy Policy.
1.2. Our Privacy Policy sets out principles of Privacy that RBKC commits to.
1.3. Your Personal Information may be disclosed if we or an entity processing your data on our behalf are compelled to do so by law, or receive a valid, legally compliant request by a law enforcement or governmental authority.
1.4. RBKC LDF Web Site servers are located in London. We may collect Personal Information but we will not use this without your explicit consent.
1.5. We encourage you to tell us what your preferences are for your Personal Information. Unless and until you "opt-out", your name and contact details may be used by RBKC, for informing you of details of consultations and planning information generally.
2. Registration
2.1. Whilst some of the RBKC LDF Web Services do not require registration and can be accessed as a "casual visitor", access to the RBKC LDF Consultation Web Service requires completion of a simple registration process in order to obtain a screen name and password necessary to participate in certain Consultation events.
2.2. We will open an account for you when you complete your registration (the "RBKC LDF Account"). You must provide complete and accurate information about yourself, and notify us to keep this information up to date. You must be at least 16 years old to register for a Screen Name. Parents and guardians who permit children (by which we mean people under the age of 16) for whom they are responsible to use RBKC LDF Web Services should assist them in setting up their RBKC LDF Web Services Account and supervise their use of RBKC Website. Parents and guardians will be responsible for their children's use of the RBKC LDF Web Services and adherence to this Agreement and it is also the responsibility of parents and guardians to ensure that the RBKC LDF Web Content and User Generated Content that their children may encounter on RBKC LDF Web Services is suitable for those under 16. Most of that content is not specifically intended to be accessed by children.
You will select a screen name that will be identified with your RBKC Web Services Account ("Screen Name").
2.3. You may not apply for a Screen Name that is used by someone else, is vulgar, attempts to impersonate another person or violates the rights of others. We may reject any Screen Name that we determine in our discretion is unacceptable for use on any of the RBKC LDF Web Services. All Screen Names remain the exclusive property of RBKC. RBKC provides you with a limited, revocable, non-exclusive licence to use your Screen Name to access the RBKC Web Services.
2.4. You need to select a password to access your RBKC LDF Web Services Account. Your password is the key that unlocks your RBKC LDF Web services Account. RBKC will never ask you for your password. You agree not to reveal your password to other users. Your RBKC LDF Web Services Account is at risk if you let someone use it inappropriately. You agree to indemnify and hold RBKC harmless for any improper or illegal use of your RBKC LDF Web Services Account, including illegal or improper use by a third party who has used your password to access your RBKC Web Services Account. Your password will be emailed to you following registration. You may then change your password to something more memorable by looking at Your Details once you are logged on.
3. Your Responsibilities
3.1. You are responsible for compliance with this Agreement in your use of RBKC LDF Web Services, whether you access as a casual visitor or by using a Screen Name. You may use RBKC LDF Web Services for lawful purposes only. You may not submit, download or transmit any material (including User Generated Content, as defined below in Clause 10.1), or otherwise engage in any conduct that:
3.1.1 breaches any third party's rights including, without limitation, copyright, patent rights, trade mark rights, performer's rights, rights of confidence;
3.1.2 is unlawful, offensive, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
3.1.3 victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
3.1.4. impersonates any person, business or entity, including RBKC and its employees and agents;
3.1.5 contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorised use of or access to a computer or computer network;
3.1.6. encourages conduct that would constitute a criminal offence, or that gives rise to civil liability;
3.1.7 promotes or sells prohibited items such as lotteries, betting or wagering activities, ammunition, firearms, tobacco, alcohol, adult products and services, and explosives;
3.1.8 violates this Agreement, acceptable usage guidelines or any policy posted on the RBKC LDF Web Services, or
3.1.9 unjustifiably interferes with the use of RBKC LDF Web Services by others.
You may not use RBKC LDF Web Services in any manner that could damage, disable, overburden, or impair its servers or networks, or interfere with any other party's use and enjoyment of the RBKC LDF Web Services. You may not attempt to gain unauthorised access to the RBKC LDF Web Services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may use any legal and technical remedies available to us to prevent any breach or enforce this Agreement.
If you breach these responsibilities we may, in our reasonable discretion terminate your Account and use of you Screen Name without notice.
4. Changes to RBKC LDF Web Services
4.1. We may change or discontinue any RBKC Web Service or feature on an RBKC Web Service at any time without notice. We may impose general operating rules for the RBKC Web Services. For example, we may establish limits on storing, uploading or downloading any data or impose "time outs" if you are idle on a particular RBKC Web Service.
5. No Spam
5.1. You may not use any of the RBKC LDF Web Services or communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). You may not harvest information about users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. We may use any legal or technical remedies available to us to prevent unsolicited bulk communications from entering, utilising, or remaining within networks.
6. Access
6.1. You must provide at your own expense the equipment and internet connection that you will need to access the RBKC LDF Web Services.
7. Content
7.1 Certain areas of the RBKC LDF Web Services may allow you to post, text, messages, images, audio and video, software and/or other information ("User Generated Content") that can be accessed and viewed by others. You may not post User Generated Content that violates this Agreement or any other terms governing usage of the RBKC LDF Web Services. We do not claim ownership of any User Generated Content that you may post. However, by submitting User Generated Content to public areas of the RBKC Web Services, you grant us and our affiliates on a perpetual basis a non-exclusive, royalty-free licence to use, copy, display, perform, distribute, adapt and promote the User Generated Content in any medium and you agree that we may sub-license the User Generated Content to third parties.
7.2. We have no duty to pre-screen User Generated Content, but reserve the right to remove such content if in our absolute discretion it contravenes this Agreement or any other requirements governing the posting of such content.
7.3 The copyright in all content on the RBKC LDF Web Services, except User Generated Content, ("RBKC LDF Web Content") is the property of RBKC, its affiliates and/or its licensors. You may only use RBKC LDF Web Content for personal, non-commercial purposes and in accordance with any additional terms and conditions which you may be notified of in relation to specific RBKC LDF Web Content. You may not circumvent any mechanisms for preventing the unauthorised reproduction or distribution of RBKC LDF Web Content.
7.4 It is unlawful for you to copy and re-use any material posted by RBKC on the Website for commercial purposes without RBKC’s permission. Should you wish to use such material for any commercial purpose then please e mail foi@rbkc.gov.uk or telephone 020 7938 8227.
8. Our Liability to You
8.1 The RBKC LDF Web Services are provided without warranties of any kind and your use of RBKC LDF Web Services is at your sole risk. RBKC will, however, use reasonable skill and care to provide and maintain the availability of RBKC LDF Services. RBKC expressly exclude any warranty, representation or undertaking that you will be able to access or use the RBKC LDF Web Services at times or locations of your choosing. RBKC is not liable for deletion, corruption or failure to store any email messages or other content. RBKC does not warrant that the RBKC LDF Web Services will be free from any virus, worm, Trojan horse or other program or device that is apparently intended to access and modify, delete or damage data files or computer programs.
8.2 RBKC shall not be liable for any loss not reasonably foreseeable by RBKC when this Agreement is entered into, nor for any loss of data, profit, revenue or business or wasted expenditure, howsoever caused, arising from your use of the RBKC LDF Web Services or for any other claim related in any way to your relationship with RBKC. We shall not be liable for any reliance you place on the contents of this website, its consultations documents or planning documents held on the Website. Nor shall we be liable to you for any failure or delay in performance of our obligations under this Agreement caused by matters beyond our reasonable control.
8.3 Without limiting the above paragraph (and except for RBKC's liability for death or personal injury caused by its negligence, for which RBKC's liability shall be unlimited), the liability of RBKC under or in connection with this Agreement or your use of the RBKC Web Services (whether arising in negligence or otherwise) will not under any circumstances exceed £500, regardless of the cause or form of action. Your statutory rights are unaffected.
9. Indemnification
9.1. You agree to hold RBKC harmless against all liabilities, claims and expenses, including reasonable legal fees that arise from any infringement of third party intellectual property or other rights resulting from any breach of this Agreement for which you are responsible.
10. Termination
10.1 We do not charge you for use of RBKC LDF Services, and as a consequence, we may cancel or suspend use of RBKC Web Services at any time, without cause and without notice.
10.2 Your right to use the RBKC LDF Services and your Screen Name may end once your account is terminated and any data you have stored on the RBKC LDF Web Services may no longer be available to you. It is therefore important you maintain your own archive copies of any data that is valuable to you
11. Termination, suspension, and cancellation
11.1 If you breach any of these terms and conditions of use RBKC reserves the right to suspend, cancel or terminate your RBKC Web Account, at any time, without notice.
11.2 If you wish to terminate your RBKC LDF Web Services Account you may contact us by sending us an email to us from your e mail address registered to the account or by post.
11.3 Termination of an Account shall not affect your right to make representations on a consultation directly to RBKC by post, e mail or fax.
12. Changes to this Agreement
12.1. We may change this Agreement from time to time. We will post the updated Agreement on the RBKC LDF website and send it to you by e mail, and it will take effect immediately or on a date which is nominated in the posting or a in a notice we send to you. Your ongoing use of the RBKC LDF Services after the changes take effect signifies your agreement to the updated Agreement. If you disagree with changes that are made to this Agreement, you may simply terminate your RBKC LDF Web Services Account as provided in clause 11 above.
13. Contacting RBKC and Disputes
13.1 If you have a comment or complaints about the RBKC LDF Services, please email PlanningPolicy@rbkc.gov.uk or telephone 020 7361 3879.
14. Notices
14.1. You agree that we may send to you in electronic form any notices, disclosures, reports, documents or other communications relating to the RBKC LDF Web Services (collectively, "Notices"). We can send you Notices (1) to the email address that you provided to us during registration for this purpose, or (2) by posting the Notice on the applicable Service or otherwise through the post. Any Notice from us shall be deemed effective the day after it is sent or posted by us.
Our address is:
Planning Policy, Planning and Borough Development, Room 331 The Town Hall, Hornton Street, LondonW8 7NX.
15. Entire Agreement
15.1. This Agreement, together with other documents and agreements referred to or entered into under it, constitutes the entire agreement between you and us relating to RBKC LDF Web Services.
16. Jurisdiction and Choice of Law
16.1. This Agreement is governed by the laws of England and Wales. You and we submit to the non-exclusive jurisdiction of the courts of England and Wales in relation to any dispute arising out of this Agreement.
17. Assignment
17.1. We may assign this Agreement to any third party, which is to provide the RBKC Web Services (or part of them) at any time without Notice to you. You may not assign this Agreement to any one else.
18. Third Parties
18.1. You agree that this Agreement is not intended to confer and do not confer any rights or remedies upon any person other than the parties to this Agreement, whether under the Contracts (Rights Of Third Parties) Act 1999 or otherwise.
19. Severance
19.1. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect or impact the continuation in force of the remainder of this Agreement.
20. No Waiver
20.1. If you or we fail to exercise any right or remedy under this Agreement, that failure won't operate as a waiver of that right or remedy, or prevent it from being exercised subsequently.
21. Message Boards
21.1. Any information you post to the message boards will be publicly accessible. The information that you have posted to message boards may be removed if you breach this Agreement