Terms and conditions
To be accepted by all participants
1.1 These Terms govern your access to and use of the NCL Spark, and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the site ("Content"). Your access to and use of the Services is conditional on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms. If you do not agree to these Terms please immediately withdraw from using the Services.
1.2 These Terms may change from time to time without notice and you should consult the Terms each time you use the site in order to view the most current Terms. All references to the Terms mean the current version of the Terms at the time of your use.
2. Service Provider
This service is operated under contract by Aluminati Network Group Ltd. (Aluminati) acting under instruction as our Data Processor under the Data Protection Act 1998. Aluminati will process personal data strictly for the purposes of operating this service.
Aluminati is registered with the Information Commissioner under membership number Z8393842
3. Registration and security
3.1 You will not provide any false registration or account information about yourself and/or your organisation and will not create an account for anyone other than yourself. You will not use our site if you are under 18. You will not share your password with anyone or do anything that would put the security of your account in danger.
3.2 We have the right to cancel any account at any time if we believe you are not in compliance with any or all of the Terms.
4. Your use of the NCL Spark
4.1 We reserve the right to withdraw or suspend access to our site without notice. We reserve the right to amend the services on the site and/or change the site without notice. We will not be responsible or liable if access to our site is not available at any time. Anything on our site may be incorrect or not updated. We are not obligated to update the site. Any of your Content on the site is submitted in accordance with the Terms as part of your use of the site. You agree that all of your Content will comply with the Terms. The site does not replace professional advice in any way.
4.2 You agree not to copy any part of the site in any way that violates the Terms.
4.3 You agree that you are providing us with all rights necessary to contact third parties if you provide any contact information for that third party and you wish us to contact that third party regarding the site or services available on the site.
5. Safe use of the NCL Spark
5.1 You will not access the site, solicit data or otherwise collect other users information in any automated fashion, including bots, spiders or scrapers. You will not upload viruses, malicious code or attempt to attack or degrade the site in any way.
5.2 You will not use the site to do anything unlawful, defamatory, obscene, misleading, malicious or discriminatory.
5.3 You will not place any unauthorised or commercial Content on the site.
5.4 We do not review your Content or any other content posted to the site, but may in the case of a violation of these Terms take any action, including removing any of your Content that we become aware of being in violation of the Terms.
6. Data protection/privacy
6.2 We may also use your details to monitor and evaluate the effectiveness of the programme. The information will be stored confidentially by the University under the Terms of the Data Protection Act 1998. Where information is used in public reports, all published information will be anonymous, unless you agree otherwise.
6.3 We may ask to access your account to diagnose or fix technical issues which may arise. Where possible we will seek your permission before doing so. We may give access to your account to external developers for the same purposes. If this happens, your personal information will still be covered by the Data Protection Act and you will be offered the opportunity to reset your password as soon as practical.
7. Limitation of liability
7.1 Except as expressly and specifically provided in this Agreement, no party shall have any liability for any damage caused by errors or omissions with the Service and all warranties, representations, conditions and all other Terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this Agreement and the Service is provided on an "as is" basis.
7.2 Nothing in this Agreement excludes the liability of either party, for death or personal injury caused by its negligence or that of its personnel or for its fraud or fraudulent misrepresentation.
7.3 Subject to clause 6.2, Newcastle University shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this Agreement and it’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to a maximum of ten British pounds.
7.4 All parties agree that the above limitations of liability are reasonable given that the Service is being made available free of charge.
8. General Terms
If any provision of the Terms is found to be invalid or unenforceable then the remainder of the Terms shall remain in full force and effect. You agree that these Terms and any documents referred to in the Terms are the entire agreement between us. These Terms are governed by the English courts under English law with exclusive jurisdiction over any claim arising from, or related to our site or the Services.