Service Use Terms
Please read these Service Use Terms (Terms) carefully before subscribing to or accessing and using Jisc's Digital Elevation Tool (the Service).
These Terms form a legal agreement between the Licensee or End User, as applicable (you and your), and Jisc (Jisc, us, we and our) as the provider of the Service.
By subscribing to or using the Service in any way, you agree to be bound by these Terms.
Use of the Service includes browsing the Website and accessing the guidance, resources and tools provided on it.
We recommend that you print a copy of these Terms for future reference.
If you do not agree to these Terms, please do not subscribe to the Service or use the guidance, resources and tools provided on the Website.
Definitions Used in These Terms
| Term | Description |
|---|---|
| End User | Any individual affiliated to the Licensee who has been granted access to the Website either by Jisc or by the Lead User. |
| Jisc | Jisc, company number 05747339, a company limited by guarantee whose registered office is at 4 Portwall Lane, Bristol, BS1 6NB. Also referred to in these Terms as us, we and our. |
| Lead User | The End User who will act as the main contact between Jisc and the Licensee in respect of the Services and who is provided with the ability to manage the Website access of other End Users and request access to the Service, on behalf of the Licensee. |
| Licence | Your right to access and use the Service in accordance with these Terms. |
| Licensee | The organisation on whose behalf the Licence is requested. |
| Privacy Policy | The privacy policy referred to in Section 1 below. |
General
About the Service: Our Service is made available to you free-of-charge as part of your Jisc FE Subscription. To see more information on Jisc's Digital Elevation Tool and what it offers, see the About page.
How these Terms apply: These Terms apply to your access to and use of the Service.
There are other terms that may apply to you: These Terms refer to the following additional terms, which also apply to your use of the Service:
Our Privacy Policy
To contact us, please email help@jisc.ac.uk.
Changes to Terms: Jisc may update these Terms and the Privacy Policy. Changes will have immediate effect from the date of posting on the Website. All End Users should therefore review these Terms regularly. Your continued use of the Service after changes have been made will be taken to indicate that you have accepted and are bound by the updated terms. Jisc reserves the right to revoke, withdraw or amend these Terms without notice.
Changes to the Website: We may update and change our Website from time to time, for example, to reflect changes to our products or our users' needs. We will try to give you reasonable notice of any major changes. Jisc does not guarantee that the Website or any content on it (including any guidance and resources) will be free from errors or omissions.
We may suspend or withdraw the Service: We do not guarantee that the Website or any content on it will always be available or be uninterrupted. Use of the Service and access to the Website is permitted on a temporary basis. We may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
Viruses: Jisc cannot guarantee that the Website is virus/bug-free and advises that you use up-to-date browsers and virus protection software.
Intellectual Property
All resources on the Website are the copyright of Jisc or licensed to Jisc. If anything on the Website is found to infringe the intellectual property rights of any third party, Jisc will remove this as soon as possible after it is made aware of such infringement. Jisc is not responsible for the content of any website (whether under the control of Jisc or not) that is linked to on the Website or within a resource. Any link is not intended to be, nor should be construed as, an endorsement of any kind by us.
In consideration of the mutual obligations and promises as set out in these Terms (the sufficiency of which is acknowledged by you and us) we hereby grant the Licensee and each of its End Users with a non-exclusive, non-transferable right to use the Service and the Website for your internal business purposes and under these Terms.
End User Content
By agreeing to use the Service under these Terms, the Licensee agrees to provide Jisc with a non-exclusive, royalty-free licence to use, reproduce, distribute and modify your content solely for the purposes of providing the Service, and to use the responses provided by your End Users in perpetuity to produce anonymised and aggregated sector benchmarking reports and market intelligence.
Access and Privacy
Access to the Service is via the Website and is made available free-of-charge as part of your Jisc FE Subscription.
The Licensee is responsible for ensuring that all persons who access the Service and the Website through its internet connection are aware of these Terms and other applicable terms, and that they comply with them.
If you are provided with a link to access the Website 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 access at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you has access to the Website using your access credentials you must promptly notify us at help@jisc.ac.uk.
You agree that Jisc may access, store and use any personal information that you provide to us in accordance with these Terms, and as set out in our Privacy Policy. You should read the Privacy Policy before requesting access to the Service and you should not provide any personal information to Jisc if you do not agree to these Terms or the Privacy Policy.
Access to the Service will continue until we are otherwise notified. Should the Licensee or any End User wish to terminate access to the Service, the Lead User must notify us at help@jisc.ac.uk.
Conditions of Access to, and Use of, the Service or Website
End Users shall:
Only access and use the Service or the Website on these Terms
Lead Users shall, on behalf of the Licensee:
Be responsible for the management of access to, and use of, the Service or the Website by your End Users and seek to ensure that they are made aware of, and comply with, these Terms
Be the main contact for the Licensee in respect of the Service, including for Service-related notifications and updates issued by Jisc, and will notify Jisc of any changes to the Lead User's contact details
End Users shall not:
Copy any content on the Website, other than for the purposes of using the Service
Do anything that may cause (whether on purpose or not) the introduction or spread of a virus, spyware or any other programs designed to affect the operation of any computer software or hardware
Attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website or the Service
Attack the Website via a denial-of-service attack or a distributed denial-of service attack
Act dishonestly or unprofessionally
Create a false identity on the Website
Misrepresent your current or previous positions, professional qualifications employment for, affiliation with any organisation or other accreditations
Use (or attempt to use) any other End User's access credentials
Link to the Website or the Service:
In a way that damages Jisc's reputation or takes advantage of it.
In a way that suggests any form of association, approval or endorsement on Jisc's part where none exists
Where Jisc has withdrawn permission to link to the Website or the Service
Sell, rent, lease, redistribute, broadcast, publicly display, transmit, communicate, modify, sub-license or transfer or assign any part of the Website, or your rights to use the Website (under these Terms) to any third party
Infringe the rights of Jisc or of any other End User
Use the Website or the Service unlawfully or fraudulently at any time
Breach of These Terms
Where Jisc reasonably believes or suspects that an End User is in breach of these Terms (or any other terms reference herein), Jisc may take such action as it deems appropriate (at its discretion), including:
Issuing a warning
Removing resources from the Website at any time, without warning
Closing or suspending your access at any time without notice
Taking 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;
Taking any further legal action against you
Disclosing such information to law enforcement authorities as we reasonably feel is necessary
Liability
To the extent permitted by law, Jisc excludes all conditions, warranties, representations or other terms that may apply to your access to, and use of, the Service or the Website or any guidance and resources made available on it, whether express or implied. In particular, Jisc excludes all conditions, warranties, representations or other terms:
That any guidance or resource will be of satisfactory quality or fit for purpose
In respect of the suitability of any guidance or resource, or information and services contained on, or accessed via the Website
In respect of the content of websites linked on the Website
That any guidance or resource complies with applicable laws and regulation (including local laws that a resource may be subject to)
That use of the Website or any resource will be compatible with all hardware and software
That the Website/Service or any resource will be bug- or virus-free, or that access to the Website or any guidance or resource will be uninterrupted
That the use of the Website or any guidance or resource will deliver a specific outcome for Users
That defects in the Website will be corrected
Jisc will not be liable to you or to any third party if, for any reason, the Website is unavailable at any time or for any period.
If Jisc is liable to you in relation to your use of the Service or Website for any cause whatever, and regardless of the form of the action then, unless the law says otherwise, we will only be responsible to you for loss or damage you suffer: (i) that is a foreseeable result of our breach of these Terms; and (ii) up to a maximum of five hundred pounds Sterling (£500).
Nothing in these Terms excludes or limits Jisc's liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
By using the Service or Website the Licensee agrees that, if Jisc suffers any losses, damages or expenses as a result of an End User's use of the Website, the Licensee will reimburse Jisc for any such losses that are incurred as a result of that End User's breach of (or failure to comply with) these Terms.
Complaints
Jisc has an internal complaints procedure. We aim to handle all complaints efficiently and quickly. If you have complaints regarding the Website or any guidance or resource, please visit Making a Complaint and follow the instructions on that page.
Miscellaneous
No partnership: You acknowledge that these Terms do not create or imply any partnership, joint venture or trust relationship between Jisc and any the Licensee or the End User.
Entire agreement: These Terms (including the Privacy Policy) contain all the terms applicable to the use of the Service and the Website and along with the form the entire agreement between you and Jisc.
Invalidity/enforceability: Each of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
No waiver: If Jisc fails to insist that you perform any of your obligations, or if Jisc does not enforce its rights against you, or if Jisc delays in doing so, that will not mean that Jisc has waived its rights against you and will not mean that you do not have to comply with those obligations. Any waiver would need to be given by Jisc in writing.
Matters outside of Jisc's control: Jisc will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms if that is caused by events outside Jisc's reasonable control, including any act, event, non-happening, omission or accident beyond our reasonable control. Some examples of such an event are:
Strikes, lock-outs or other industrial action
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
Impossibility of the use of public or private telecommunications networks
The acts, decrees, legislation, regulations or restrictions of any government
Jisc's performance under these Terms will be suspended for the period that such events set out above continues, and Jisc will have an extension of time to carry out their obligations under any contract for the duration of that period. Where possible, Jisc will use reasonable efforts to bring such event detailed above to a close or to find a solution.
Notices to you: These Terms and the Privacy Policy are drawn up in the English language. All written communications between you and us relating to these Terms and the Privacy Policy will be given in English. Unless otherwise agreed, we will send any notices relating to any of the matters set out in these Terms to the email address you use to access the Website or the Service.
Governing law: These Terms and any dispute in relation to the materials available from the Website will be governed by laws of England and Wales.
Jurisdiction: The English courts have exclusive jurisdiction to settle any disputes that may arise out of, or in connection with, these Terms or use of the Website and/or Service.