BIA Business Terms and Conditions continuation
9 DATA PROTECTION
9.1 You will need to be a registered user in order to access and use BIA Business. The BRAXTON may collect personal information when you register with us and use BIA Business. The registration process involves providing the BRAXTON with your email address, address, contact details, ownership profile and employee profiles. The BRAXTON may use this information, in accordance with its obligations under the Data Protection Act 1998, to:
(a) provide you with access to and take action in respect of BIA Business;
(b) contact you in connection with BIA Business, the Opportunities, other business opportunities, and other business support advice and information;
(c) evaluate BIA Business;
(d) monitor diversity; and
(e) target resources.
9.2 The BRAXTON may share the information it collects about you with other parties. The BRAXTON does not sell or rent this information to others but will send personally identifiable information about you (which you have supplied in connection with the Opportunities) to other companies, organisations or people in the following situations:
(a) Agents and partners: The BRAXTON may share your information with Designated Third Parties and organisations which we employ or with which we cooperate to support business improvement. These agents and partners may have access to personal information for the purposes set out in section 9.1 but may not use it for any other purpose;
(b) Compliance with law, fraud and risk avoidance: The BRAXTON will release personal information where it is required or permitted to do so by law or by the regulations and other rules (including auditing requirements) to which it is subject. The BRAXTON may in particular exchange information with other companies and organisations for fraud protection and credit risk reduction; and
(c) Consent: Other than as set out in these Terms and Conditions the BRAXTON will not share personal information with third parties without your consent.
9.3 You have the right to ask for a copy of the information held by the BRAXTON in its records in return for which you may be charged a small fee. You also have the right to require us to correct any inaccuracies in your information.
10 COOKIES, WEB BEACONS AND WEBSITE USAGE DATA
10.2 The Website pages may contain electronic images known as Web beacons (sometimes called single-pixel gifs) which allows the BRAXTON to count users who have visited those pages and to deliver co–branded services. Web beacons are not used to access your personally identifiable information on the Website. They are a technique we use to compile aggregated statistics about the Website usage. Web beacons collect only a limited set of information including a cookie number, time and date of a page view and a description of the page on which the Web beacon resides.
10.3 With or without cookies, the Website keeps track of usage data, such as the source address that the page request is coming from (i.e. your IP address), domain name, date and time of the page request, the referring website (if any) and other parameters in the URL (e.g. search criteria). We use this data to better understand Website usage so we know what areas of the Website users prefer. This information is stored in log files and is used for aggregated and statistical reporting but is not attributed to you as an individual.
11 FREEDOM OF INFORMATION
11.1 The BRAXTON is a public authority for the purpose of the Freedom of Information Act 2000 (the “FOI Act”) and the Environmental Information Regulations 2004 (the “EIR”) and the BRAXTON will, as a public authority, determine in its absolute discretion and be responsible for its response to any request for information made to it under the FOI Act and/or the EIR and shall not be liable to you or any other person for any loss suffered as a result of any bona fide disclosure of information under the FOI Act or the EIR.
11.2 You shall assist the BRAXTON at no additional charge in meeting any reasonable requests made to it in connection with the FOI Act, the EIR or any similar legislation, including (without limitation) sections 61 and 110 of the Greater London Authority Act 1999.
11.3 You shall not respond to any request made to you under the FOI Act or the EIR (or any similar legislation, including (without limitation) sections 61 and 110 of the Greater London Authority Act 1999) in respect of BIA Business, but shall refer any such request to the BRAXTON immediately upon receiving such request.
12 LIMITATION OF LIABILITY
12.1 The BRAXTON accepts no responsibility for and exclude all liability in connection with the use of BIA Business including but not limited to any liability for errors, inaccuracies, omissions or misleading or defamatory statements in the content submitted by Buying Organisations and Suppliers when using BIA Business unless the BRAXTON is the applicable Buying Organisation. You shall notify the BRAXTON immediately in the event that you are aware that any of the content on the Website contains errors, inaccuracies, omissions or misleading or defamatory statements.
12.2 The BRAXTON does not guarantee continuous, uninterrupted or secure access to the Website and BIA Business, and operation of the Website and BIA Business may be interfered with by factors outside our control. To the fullest extent permitted by law, the materials on the Website and BIA Business are provided “as is”, the BRAXTON expressly makes no representations, and expressly disclaim all representations, and the BRAXTON disclaims to the extent permitted by law all warranties, express or implied, of any kind including but not limited to warranties of satisfactory quality, merchantability or fitness for a particular purpose with respect to BIA Business or any materials on the Website.
12.3 To the fullest extent permitted at law, neither the BRAXTON nor any of its affiliates, directors, officers, employees agents or other representatives will be liable for damages arising out of or in connection any information and/or with the use of BIA Business on the Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
12.4 For the avoidance of doubt, the BRAXTON does not limit its liability for fraudulent misrepresentation, death or personal injury to the extent only that it arises as a result of the negligence of the BRAXTON directors, employees or other representatives.
13.1 You agree to indemnify and hold the BRAXTON, its affiliates, directors, officers, employees agents or other representatives harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions, or your violation of any law or the rights of a third party.
14 TRADEMARKS AND DENIAL OF MARKETING RIGHTS
14.1 BRAXTON and London Development Agency are trademarks of the London Development Agency in the UK and/or other countries. Other product, organisation and company names mentioned on the Website may be the trademarks or registered trademarks of their respective owners.
14.2 You confirm and acknowledge that you shall not, by your use of the Website and BIA Business, nor by your having been awarded a contract in respect of an Opportunity, have any right to use any trade marks, trade names, logos or other intellectual property rights of the BRAXTON, ODA (including the name “the Olympic Delivery Authority”), or of LOCOG (including marks and representations protected by the Olympic Symbol etc. (Protection) Act 1995, and the London Olympic Business and Paralympic Business Act 2006) (together the “Protected Marks”), or to use any trade marks, trade names or logos so resembling the Protected Marks as to be likely to cause confusion with the Protected Marks.
14.3 You acknowledge the importance to LOCOG of preserving the value of the Protected Marks and of ensuring that only official sponsors and licensees of the Business obtain an association with the Business and you acknowledge that you shall not, by your use of the Website and BIA Business, nor by your having been awarded a contract in respect of a Business Opportunity, gain any right to associate yourself with the Business. You agree not to represent that you, any of your products or services, or any Business Opportunity, has been or is endorsed or approved by, the ODA, LOCOG or any other official Olympic or Paralympic body (the “Business Bodies”), or that you, your products or services are in any way associated with the Business Bodies, the Olympic Business and/or Paralympic Business, or London 2012, including by communicating to the media or otherwise publishing or issuing any statement (factual or otherwise) about your use of the Website and BIA Business or by your having been awarded a contract in respect of a Business Opportunity, unless you have the authority of LOCOG or another Business Body entitled to grant such authority.
14.4 You further agree not to:
(a) undertake any form of ambush marketing, which shall include any activity, whether commercial or non-commercial, that creates, implies or refers to a direct or indirect association of any kind (including an association in the minds of members of the public) between you or any of your products or services and the Business or any Business Body, and includes the display or distribution of advertising materials or products with the intention of gaining exposure for any brand in or within the vicinity of venues at which the Business are taking place, unless such activity has been authorised by a Business Body which is entitled to give such authorisation;
(b) cause to be done, or permit anyone reasonably within the your control to do, anything which might damage or endanger the validity or distinctiveness of, or the goodwill in, the Protected Marks or other intellectual property rights of any Business Body; or
(c) do anything which would have an adverse effect on or embarrass any Business Body, or any official supporter or sponsor of the Business.
15 VARIATION AND SEVERABILITY
15.1 The BRAXTON may revise these Terms and Conditions at any time. In the event that we make any substantial changes to these Terms and Conditions we will notify you by notice on this website or by such other means as we choose including emailing you to inform you of any such changes.
15.2 If any part of these Terms and Conditions is held to be void or unenforceable, such provision will be struck out and the remaining provisions will be enforceable.
16.1 The waiver of any breach of the Terms and Conditions shall not prevent the subsequent enforcement of that breach and shall not be deemed to be a waiver of any subsequent breach of that or any other provision.
17 ENTIRE AGREEMENT
17.1 These Terms and Conditions set out the entire agreement and understanding between you and the BRAXTON in connection with the matters set out within them.
18 THIRD PARTY RIGHTS
18.1 Subject to section 18.2 below, a person who is not a party to these Terms and Conditions shall not have the right (whether under the Contracts (Rights of Third Parties) Act or otherwise) to enforce any of these Terms and Conditions but this does not affect any right or remedy of any person which exists or is available apart from that Act.
18.2 Notwithstanding section 18.1, in the event that you access content on the Website that has been provided by an Interested Third Party, such Interested Third Party shall in connection with such content be deemed to be a party to these Terms and Conditions and/or shall be entitled to rely on these Terms and Conditions (including but without limitation to sections 12 and 13) as against you; and in particular but without limitation LOCOG shall be entitled to rely on sections 14.2 to 14.4 inclusive and you acknowledge that the provisions therein are of such importance to LOCOG that damages may not be an adequate remedy for breach and that injunctive relief may be a more appropriate remedy.
19 JURISDICTION AND APPLICABLE LAW
19.1 These Terms and Conditions shall be governed and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts.
20.1 If you have any questions about these Terms and Conditions or any queries in relation to personal data held by the BRAXTON in respect of you, please contact the BIA Business Administrator.
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