Which terms and policies apply when using Value-Vault
Who we are and how to contact us
Value-Vault is operated by, or on behalf of, Rockworth Management Partners Limited (SC243328) (“Rockworth”, “we” “us” or “our”). We are a corporate finance firm that offers tailored advisory solutions to private business owners.
To contact us, please email firstname.lastname@example.org.
The Value-Vault Services
“Value-Vault Services” are all the products and services we may provide to you via the Value-Vault website.
We will use all reasonable commercial efforts to make the Value-Vault website available to you, in a timely, professional and workmanlike manner.
We may update and change the contents of the Value-Vault site from time to time.
We do not guarantee that Value-Vault, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Value-Vault for any reason.
Your responsibility when using the Value-Vault Services
You are responsible for:
• your use of or reliance on the contents of Value-Vault, including but not limited to the security and access settings that may be configured on Value-Vault.
• determining the users having access to Value-Vault, who may be your staff or third-party consultants (“Your Users”).
• the accuracy of information provided on Value-Vault by you and Your Users (“Your Content”).
• determining which parts of Your Content Your Users are permitted to access.
Whenever you or Your Users make use of a feature that allows you to upload content to Value-Vault, you must ensure that you and/or Your Users comply with the content standards set out in our Acceptable Use Policy.
You warrant that Your Content does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
We have the right to:
• disclose your identity to any third party who is claiming that Your Content constitutes a violation of their intellectual property rights, or of their right to privacy.
• remove Your Content on Value-Vault if, in our opinion, Your Content does not comply with the content standards set out in our Acceptable Use Policy.
You are solely responsible for securing and backing up Your Content.
You must keep your account details safe
If you choose a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not share your Value-Vault login details or password with anyone.
Whilst using Value-Vault, you shall:
• take all reasonable steps to ensure that none of the information or documentation is visible to, or capable of being, overlooked by other persons other than Your Users;
• not leave your computer or other communications device through which you access the service unattended whilst connected to Value-Vault;
• Ensure that you close your internet browser and log out when you have finished using Value-Vault;
• not attempt to disable the protection software associated with Value Vault.
If you know or suspect that anyone other than you knows your login details and password, you must promptly notify us at email@example.com.
Privacy and Confidentiality
Value-Vault is very likely to hold certain sensitive information or documentation (whether of a financial nature or relating to commercial or other relevant matters).
When you or your Users upload Your Content to Value-Vault, you grant us the rights to view and use that content.
Our commitment to you. We will:
• not disclose any of Your Content that constitutes proprietary, confidential or personal information to any third party, except where required by law, or where you give us permission to do so. Information that has been shared with us free of an obligation of confidence, or publicly disclosed by someone other than us, does not fall into the definition of proprietary, confidential or personal information.
• have appropriate security measures in place that are designed to protect your proprietary, confidential and personal information against unauthorised access, disclosure or use.
• comply with privacy laws that apply to us when collecting, holding, using or disclosing any personal information, including but not limited to personal information concerning Your Users.
Your commitment to us. You will:
• ensure that you have obtained all rights necessary for us to handle and process Your Content.
• comply with any privacy legislation that applies to you as a data controller when including personal information on the Value-Vault site, or when disclosing any personal information to us in order to receive the Value-Vault Services.
Intellectual Property Rights
Limitations of our Responsibility
Whilst the information published by us on Value-Vault is believed to be reliable, it is given for general guidance purposes only. We make no representations, warranties or guarantees, whether express or implied, that the content published by us on Value-Vault is accurate, complete or up to date.
Value-Vault may include information and materials uploaded by other users of Value-Vault, such as you or Your Users. This information and these materials have not been verified or approved by us. Any views expressed by other users on Value-Vault do not necessarily represent our views or values.
We are not liable for any improper access, copying or corruption of information before it enters or once it leaves our systems.
Where Value-Vault contains links to other sites and resources provided by third parties, these links are provided for your information only. Provision of such links should not be interpreted as approval by us of those linked sites or information you may obtain from them. We have no control over the contents of those sites or resources.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so under the laws of the United Kingdom. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We exclude all implied conditions, warranties, representations or other terms that may apply to Value-Vault or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, Value-Vault; or
• use of or reliance on any content displayed on Value-Vault.
In particular we will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.
We do not guarantee that Value-Vault will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access Value-Vault. You should use your own virus protection software.
You must not misuse Value-Vault by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to Value-Vault, the server on which Value-Vault is stored or any server, computer or database connected to Value-Vault. You must not attack Value-Vault via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the United Kingdom’s Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Value-Vault will cease immediately.
You indemnify us against any claim, action, proceeding or demand (“Claim”) by a third party arising from or in connection with:
• our provision of access to Your Content as determined or instructed by you
• Your Content, including but not limited to any Claim alleging that Your Content or our handling or processing of Your Content infringes the Intellectual Property Rights of a third party
• any of our acts or omissions in reliance on false, misleading or incomplete information that you have provided to us, including without limitation all liability, damages, losses, costs, charges, outgoings, payments and expenses suffered or incurred in connection with any such Claim.
You expressly understand and agree that your use of the Value-Vault Services is at your sole risk. The Value-Vault Services are provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Your further expressly agree that no advice or information, whether oral or written, obtained by you from us or through or from the Value-Vault Services shall create any warranty not expressly stated in this agreement and that no accounting, financial or legal advice or counsel is given or shall be deemed to have been given by the Value-Vault Services.
Some of the Value-Vault Services may provide recommendations, comments and prompts. These are not a substitute for legal, accounting or other professional advice and you should determine independently or with the aid of advice whether and how to proceed with any recommendations, comments or prompts provided to you.
Applicable Law and Dispute Resolution
If the dispute is not settled by mediation within 21 days of the commencement of the mediation, or such further period as you or we may agree in writing, the dispute shall be referred to and finally resolved by arbitration under the London Court of International Arbitration’s Arbitration Rules of October 2014, which Arbitration Rules are hereby deemed to be incorporated by reference into this clause. The language to be used in any mediation or arbitration shall be English. In any arbitration commenced pursuant to this clause, the number of arbitrators shall be one and the seat, or legal place, of arbitration shall be London, England.
OUR ACCEPTABLE USE POLICY
Your use of Value-Vault means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy.
Compliance with Laws and Regulations
Your use of Value-Vault must not violate any applicable laws, including but not limited to intellectual property laws, data protection and privacy laws and export control laws. You must ensure that your use of Value-Vault complies with all applicable laws and regulations in your jurisdiction.
Compliance with Terms
When you use Value-Vault, you agree to comply with all our terms and conditions, including the terms of this Policy. If you do not agree with any of the terms or cannot comply with them, you must not use Value-Vault.
These content standards apply to any and all material which you contribute to Value-Vault (”Your Content”)
You must comply with the spirit and the letter of the following standards. The standards apply to each part of Your Content as well as to its whole.
Your Content must:
• be accurate (where they state facts);
• be genuinely held (where they state opinions); and
• comply with applicable law in the United Kingdom and in any country from which they are posted.
Your Content must not:
• contain any material which is defamatory of any person;
• contain any material which is obscene, offensive, hateful or inflammatory;
• promote sexually explicit material;
• promote violence;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any copyright, database right or trade mark of any other person;
• be likely to deceive any person;
• be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• promote any illegal activity;
• be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
• be likely to harass, upset, embarrass, alarm or annoy any other person;
• be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• give the impression that they emanate from us, if this is not the case; or
• advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You may use Value-Vault only for lawful purposes. You may not use Value-Vault:
• in any way that breaches any applicable local, national or international law or regulation;
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• for the purpose of harming or attempting to harm minors in any way;
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards above;
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
In particular, you must not upload, post, host, store, communicate or display content that incorporates any sensitive data without having the explicit consent of the individuals to whom the sensitive data relates or other clear lawful grounds to do so. This may include any personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data used for the purposes of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.
You also agree:
• not to reproduce, duplicate, copy or re-sell any part of Value-Vault
• Not to access without authority, interfere with, damage or disrupt:
o any part of Value-Vault
o any equipment or network on which Value-Vault is stored
o any software used in the provision of Value-Vault, or
o any equipment or network or software owned or used by any third party.
o not to knowingly transmit any data, send or upload any material that contains viruses, trojans, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Suspension and Termination
We will determine, at our discretion, whether there has been a breach of this Acceptable Use Policy through your use of Value-Vault. When a breach of this policy has occurred, we may take such action as we deem appropriate.
• immediate, temporary or permanent withdrawal of your right to use Value-Vault;
• immediate, temporary or permanent removal of Your Content;
• issue of a warning to you;
• 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;
• further legal action against you; and/or
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Updating this Policy