Terms and conditions
1. Terms and conditions
1.1 These terms and conditions ("Terms", "Agreement") are an agreement between Website Operator ("Website Operator", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the hydra.org.uk website and any of its products or services (collectively, "Website" or "Services").
2. Who we are and how to contact us
2.1 This website is operated by The University of Manchester (a Royal Charter Corporation registered under number RC 000797, an exempt charity) of Oxford Road, Manchester, M13 9PL. To contact us please email: waterstrategy@manchester.ac.uk
3. There are other terms that may apply
3.1 These terms of use refer to the following additional terms which also apply to your use of our site:
3.2 Under data protection legislation we are required to provide you with certain information who we are, how we process the data of those individuals who use the Website, the Services or any software therein and for what purposes, and for those individuals’ rights in relation to their personal data and how to exercise them. This information is provided in our Privacy Policy that can be accessed via the link below and it is important that you read this information.
4. Accounts and membership
4.1 If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
4.2 By agreeing to these Terms we grant you a non-exclusive, non-transferable licence to use the Services and any software included therein on the terms of this Agreement or such terms and conditions as may be referenced in this Agreement.
5. Restrictions
5.1 Except as expressly set out in these Terms or as permitted by any local law, you undertake:
5.1.1 not to copy any software or documents;
5.1.2 not to rent, lease, sub-licence, loan, translate, merge, adapt, vary or modify the Services or any software therein;
5.1.3 not to make any alterations, modifications to the whole or any part of the Services or any software therein nor permit any part of the Services or any software therein to be combined with, or become incorporated in, any other programs;
5.1.4 not to disassemble, decompile, reverse-engineer, or create derivative works based on the whole or any part of the Services or any software therein nor attempt to do any such thing;
5.1.5 to supervise and control use of the Website and the Services, including any software therein, and ensure that it is used by your employees in accordance with these Terms;
5.1.6 not to provide or otherwise make available the Services or any software therein in whole or in part in any form to any person other than your employees without prior written consent from us;
5.1.7 to comply with all applicable technology control or export laws and regulations.
6. Content
6.1 We do not own any data, information or material ("Content") that you submit on the Website in the course of using the Services. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and Intellectual Property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor Content on the Website submitted or created using our Services by you. Unless specifically permitted by you, your use of the Website does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.
7. Backups
7.1 We perform regular backups of the Website and Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.
8. Links to other websites
8.1 This website is linked to www.waterstrategy.org, but we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any other linked websites. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.
9. Prohibited uses
9.1 In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, , provincial or local regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any software therein or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website and Service or any related website for violating any of the prohibited uses.
9.2 By breaching this provision you will commit a criminal offence under the Computer Misuse Act 1990 and we will report any such breach.
10. Intellectual Property Rights
10.1 Intellectual Property shall mean all intellectual and industrial property rights including without limitation patents, know-how, trade-marks, registered designs, applications for and rights to apply for any of the foregoing, unregistered design rights, unregistered trade-marks and copyright (including, without limitation, copyright in drawings, plans, specifications, designs and computer software), database rights, topography rights, any rights in any invention, discovery or process, in each case in the United Kingdom and all other countries in the world. This Agreement does not transfer to you any Intellectual Property owned by Website Operator or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Website Operator. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of Website Operator or Website Operator licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Website Operator or third-party trademarks.
10.2 You acknowledge that you have no Intellectual Property rights in the Website, the Services and any software therein anywhere in the world and that you have no right in, or to, such Website, the Services or any software therein other than as expressly set-out in these Terms.
11. Limitation of liability
11.1 We shall not in any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms for:
11.1.1 loss of profits, sales, business or revenue;
11.1.2 business interruption;
11.1.3 loss of anticipated savings;
11.1.4 loss or corruption of data or information;
11.1.5 loss of business opportunity, goodwill or reputation;
where any losses set out in (a) to (e) are direct or indirect; or
11.1.6 any special, indirect or consequential loss, damage, charges or expenses.
11.2 The limitations above and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
11.3 We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it. These Terms set-out the full extent of our obligations and liabilities in respect of the supply of the Services and any software therein. Except as expressly stated in these Terms there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation, or other term concerning the offer of the Services or any software therein, which otherwise might be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
11.4 We do not guarantee that our Website will be secure or free from bugs and viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software.
12. Maximum Liability
12.1 Other than the losses set-out above (for which we are not liable) our maximum aggregate liability under or in connection with the Website, the Services and any software therein whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the value of any fee paid to us under this Agreement. This Clause 12.1 shall not apply to Clause 12.2.
12.2 Nothing in these Terms shall exclude or limit our liability for:
12.2.1 death or personal injury resulting from our negligence;
12.2.2 fraud or fraudulent misrepresentation;
12.2.3 any other liability that cannot be excluded or limited by English law.
13. Indemnification
13.1 You agree to indemnify and hold Website Operator and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including legal fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any misconduct on your part.
14. Severability
14.1 All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
15. Dispute resolution
15.1 The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the laws of England and Wales without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of England and Wales. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the United Kingdom, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
16. Changes and amendments
16.1 We reserve the right to modify this Agreement, the Terms or any policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement and/or the Terms on the Website. When we do, we will post a notification on the main page of our Website giving not less than twenty-one (21) days advance notice. Continued use of the Website and Services after any such changes shall constitute your consent to such changes. If you do not wish to accept the Terms as modified from time to time you must immediately stop using and accessing the Website, the Services and any software contained therein.
16.2 We do not guarantee that our site, or any content on it, will always be available uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our site for business and operational reasons.
16.3 We may suspend or withdraw the website at any time according to business priorities and will try to give reasonable notice of any such suspension or withdrawal.
16.4 We may terminate this licence immediately by written notice to you if you commit a material or persistent breach of this Licence which you failt to remedy (if remediable) within fourteen (14) days after the service of written notice requiring you to do so.
17. Waiver
17.1 If we fail to insist that you perform any of your obligations under this Agreement or any of these Terms or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing (signed by us) and that will not mean that we will automatically waive any later default by you.
18. Severance
18.1 Each of the conditions of this Agreement and these Terms operates separately. If any court of competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
19. Acceptance of these terms
19.1 You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website and its Services you agree to accept and be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
This document was last updated on 24th June 2021.