Legal

Terms and Conditions

The following describes the terms applicable to your relationship with Demand Design and Manufacture for Disability (a Charity registered under the Charities Act No 1008128 company Limited by Guarantee registered in England under No 2671913) (“We” “Our” and “Us”) and your use of its innovation website portal (“Cracked-It”).  In addition to these terms Our standard website terms of use, together with Our privacy and cookies policies shall apply to your interaction with Us and Cracked-it.

  1. We may from time to time host or post technical, engineering, scientific, logistical, manufacturing, or supply challenges (“Challenges”) on Cracked-It. These Challenges will be placed by those seeking resolutions for these Challenges (or they may come directly from Us).  The Challenges will seek responses from you to overcome them (“Proposed Solutions”) and these terms apply to all Proposed Solutions submitted.  You may also submit a Proposed Solution to a Challenge that has not yet been posted, or to a Challenge that you foresee.  By making submissions of Proposed Solutions to Cracked-it you declare that you understand and accept these terms.
  2. Proposed Solutions may only be submitted by individuals over 18 years of age, or by legal entities.
  3. You must register with Us prior to submitting a Proposed Solution. When you register you will be asked to confirm that your details are accurate and that you accept these terms.  It is your responsibility to ensure that your registration details are kept up to date at all times.  You may cancel your registration at any time.  You will be asked to provide the following information on registration your name, email address and (if you so wish) a nickname.  You may also want to provide other details such as social media communication data.  We will store and use your information to identify you and if your Proposed Solution is accepted we will disclose that information to the person posting the Challenge and will use it to communicate with you. We may ask you to work with Us to resolve the Challenge. Activity related to the resolution of the Challenge may involve Us passing your information to carefully selected third party partners who have been selected to work on the resolution of the Challenge.  They may want to contact you and seek creative input or information from you. On occasion we will be required by law or regulation to disclose your information to ensure the fulfilment of the Challenge.  We collect, store and utilise personal information in accordance with our obligations under the Data Protection Act 1998.
  4. We do not warrant or guarantee the accuracy or completeness of any Challenge statements. We are not bound to review posted or hosted Challenges, nor are we bound to accept or pass on any Proposed Solutions.  We will moderate submission to Cracked-it where we are notified that they are unsuitable.  We reserve the right to remove any content or submission to Cracked-it at any time without notice and without explanation.
  5. You are solely responsible for the content of your Proposed Solution. You must give clear notice if the Proposed Solution includes any harmful or legally restricted substances.  You warrant that the Proposed Solution (i) is entirely your own work and its submission and use will not breach the confidence of, or infringe any intellectual property rights (“IPR”) (including but not limited to copyright, design rights (registered or unregistered), patents, know-how, technical information, trademarks, service marks) or any other proprietary rights whatsoever of any third party in any part of the world; (ii) is free from all encumbrances; (iii) will not violate any laws; and that you are (iv) free to and do hereby grant an unrestricted, perpetual, free of charge, licence for the use and exploitation of the IPR vested in the Proposed Solution; and that (v) you have given clear notice of any contractual or other legal obligations that may attach to the Proposed Solution, and any risk or potentially harmful outcomes from the utilisation of the Proposed Solution to overcome the Challenge.  You undertake to keep Us and anyone taking up the Proposed Solution, indemnified against all claims, costs, loss, damage and expense incurred as a result of this warranty being or becoming untrue.
  6. You agree that we may share, copy and redistribute the Proposed Solution (or any part of it) and that anyone may adapt, transform, or build upon the ideas and IPR vested in the Proposed Solution. If the Proposed Solution is taken up (either by Us or anyone else) We (or they as the case may be) must give you an appropriate credit (but not in a way that suggests that you endorse that use or adaptation).  You may not apply any other legal terms or technological measures to restrict the use of the Proposed Solution.  Other than as set out in these terms by submitting your Proposed Solution you relinquish all Moral Rights therein (as provided for under the Copyright Designs and Patents Act 1988).
  7. It will not be usual for any payment to be made for the use of IPR in the Proposed Solution, nor will, as a matter of course, any contribution be made to the cost of maintaining any IPR registration for any part of the Proposed Solution. Under no circumstances shall We be liable to you (or any third party) for any loss, costs, damage or expense incurred as a result of your use of Cracked-it or in relation to the Proposed Solution, except that which may not be excluded or limited in law.  We shall not be responsible for any indirect, special, incidental or consequential damages, including but not limited to loss of profit or loss of opportunity, whatsoever.  Any loss or damage, cost or expense otherwise arising, that may be limited in law, shall be limited to the sum of £100 per claim or series of claims arising from the same incident.
  8. These terms their subject matter and formation (and any non-contractual disputes or claims) shall be governed by the laws of England and any dispute or proceedings arising out of them shall be brought in the exclusive jurisdiction of the courts of England and Wales, unless you are a UK consumer when you may bring your claim in the courts of your region or country. These terms are binding on Us and you and your obligations may not be assigned without Our consent.

Privacy Statement

We are committed to protecting your privacy. Only authorised employees of DEMAND on a need to know basis use any information collected from individual clients. We constantly review our systems and data to ensure the best possible service for our users. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceeding to recover damages against those responsible.

Cookies

A ‘cookie’ is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a website’s computer and stored on your computer’s hard drive. Each website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites. Many sites do this whenever a user visits their website in order to track online traffic flows and record information about your online preferences. Currently, cracked-it.org uses cookies only for the client login feature and for website analytics. You can change your browser settings so that it automatically rejects cookies or notifies you when a website tries to send you one.  Rejecting cookies may affect your access to, or enjoyment of, a website and may mean that certain features do not display or work properly.  For more information, visit www.allaboutcookies.org/ or www.aboutcookies.org

IP Logging

We may or may not use IP addresses to analyse trends and usage patterns, administer the site, troubleshoot and to gather demographic information for aggregate use. IP addresses are not linked to personal information. We never distribute such information to any third party.

However, the Internet is not completely secure.  Personal data submitted by means of the Internet is vulnerable to unauthorised access by unauthorised third parties.  Submission of personal data using the Internet is always at your own risk.  Whilst we take every reasonable and appropriate step to ensure that your personal information and data are stored securely, we will not be liable for disclosure of data due to errors in transmission or the fraudulent, negligent or other illegal acts of a third party, such as ‘”hacking,” “spamming,” or “spoofing.”

Confidentiality

We are registered under the Data Protection Act 1998 and as such, information concerning the user and their respective user records may be passed to third parties. However, user records are regarded as confidential and as such will not be passed on to any third party, other than if legally required to do so by the appropriate authorities.

Users have the right to request sight of and copies of any and all user records we keep, on the proviso that we are given reasonable notice of such a request. We charge £10 for such requests. Users are requested to retain copies of any literature in relation to issues with the provision of our services. Where appropriate, we shall issue clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

Please address requests to the Data Protection Officer: Data Protection Officer, DEMAND Design and Manufacture for Disability, The Old Chapel, Mallard Road, Abbots Langley, WD5 0GQ

We will not sell, share, or rent your personal information to any third party or use your email address for unsolicited mail. Any emails sent by our website will only be in connection with the provision of agreed services and with your express permission.

Users 16 and under

If you are aged 16 or under, you are not eligible to use cracked-it.org services. Users who fall into this category are not allowed to provide us with their personal information.

Registering for the Service

You may be required or permitted to register with us to access the service or certain areas of the service. With respect to any registration, you agree not to use and we may refuse to grant you the right to use, a username (or email address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you, or that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.

Your registration information (including your username and password) is for your personal use only and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access our services and agree not to transfer your password or username, or lend or otherwise transfer your use of or access to the service, to any third party.

You are fully responsible for all interaction with the service that occurs in connection with your registration information. You agree to immediately notify us of any unauthorised use of your registration information or any other breach of security, related to your account or service and to ensure that you ‘log off’/exit from your account with the service at the end of each session.

We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations

Behaviour Policy

We expect you to respect the rights and dignity of others. In accessing or using the service, you must not post, provide, publish, upload, download, display, use, share, distribute or otherwise make available: (a) any content that meets any of the following criteria or (b) any content to, from or through any other website or service that meets any of the following criteria:

  • Is threatening, degrading, unlawful unsafe, harmful, abusive, harassing, stalking, hateful, defamatory, libellous, fraudulent, offensive, inappropriate, obscene, pornographic, vulgar or otherwise objectionable;
  • Violates any applicable law, rule or regulation, or could give rise to the legal liability.
  • Violates or infringes any right(s) of ours or of any other person, firm or entity (including contractual and fiduciary rights, copyrights, trademarks and rights of privacy and publicity).
  • Interferes with, destroys or disrupts the service or any or hardware or software through which the service is made available (including via a virus, worm, malware, spyware, Trojan horse or similar code, file or program).
  • Contains any unauthorised or unsolicited ideas or submissions, offers, advertising, promotional materials, surveys, “junk” or bulk mail, “spam”, chain letter, pyramid schemes, investment opportunity, petitions, or other forms of solicitation.
  • Impersonates any person, firm or entity, including any of our employees, partners, licensors, licensees or suppliers.
  • Is misleading or false, or falsely implies an endorsement by use, our affiliates, employee’s partners, licensors, licensees or suppliers.
  • The use of any illegal or unlicensed materials, objects or substances within any submitted content.
  • Involves or helps promote unlawful gambling or any other similar activities with but not limited to the forums and blog.
  • The creation of account(s) through any automated process such as an automated bot or script, device spider or crawler, or the use of any similar system to disguise yourself or your location.

You must not endanger yourself or others, take any unnecessary risks in order to produce or make any User Content.

We have the right (but not the obligation) to pre-screen or monitor/moderate any content or any users access to or use of the service and to remove or block access to (e.g. by way of settings) any content or suspend or terminate any user’s access to or use of the service for any reason (including but not limited to any breach of these terms and conditions). We have no liability or responsibility with respect to any content, including for any actions that we take with respect to any content that we determine violates these terms.

We do not keep any ‘comments’ that are not accepted for publication but may retain other User Content even if this is not published. We have no obligation to you to keep any User Content or to return it to you or remove it from this website or anywhere else we may have published it at any time.

Links to this Website

The creation of links to this website on a third party, system or platform is permitted but is subject to the restrictions of these terms and conditions. Any malicious or indecent use of any link to this website will be responded to with any and all available legal actions.

Links from this Website

We do not monitor or review the content of other party’s websites that are linked to from this website by ourselves or any registered or unregistered user. Any material or opinions displayed and/or expressed are not necessarily shared/ endorsed or authorised by us and should not be regarded as the publisher of such opinions and material. Please be aware we are not responsible for the privacy practices or content of any third party sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. This organisation will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.

Storage Practices and Limits

There is limited storage space for content on the service. Whilst we will make every effort we believe is reasonable to safeguard and backup content and to make content available in case of loss or deletion we have no responsibility or liability for the deletion or failure to store or the security of any content, including your content. We reserve the right to mark or treat accounts or content as inactive and archive accounts/content that are inactive for an extended period of time that is defined by us. We reserve the right to change our policies and practices in relation to storage at any time, with or without contacting the users of any service.

Complaints and Reporting Abuse

Any questions about these terms and conditions or reports of anyone abusing the website or otherwise not complying with these terms and conditions should be addressed to  xxxx@cracked-it.org

If you become aware of any misuse of the site or wish to complain about any User Content or material on the site or believe any of your rights have been violated e.g. your copyright infringed, you have been defamed etc., you can notify at cracked-it@demand.org.uk

We will need to know the following:

  • Nature of your complaint and location within the site of the particular content or user;
  • For copyright disputes, identification of the copyright work you claim has been infringed and identification of the User Content that you claim is infringing the copyright work – usually the URL of the User Content
  • A statement that you have a good-faith belief the disputed use is not authorised by the copyright owner, its agent, or the law and that you are the owner of the copyright interest involved or are authorised to act on behalf of the owner.
  • Your name, address, telephone number and email address and such other information as we may reasonably request.

We reserve the right to immediately terminate or suspend access to the website in response to conduct that we believe interferes with other people’s enjoyment.

Force majeure

Although we will do our best to provide constant, uninterrupted access to this site we do not guarantee this. We accept no responsibility or liability for any interruption or delay.

Severance, Governing Law & Jurisdiction

If any provision of these terms and conditions is found by any court or administrative body of a competent jurisdiction to be invalid or unenforceable such invalidity shall not affect the other provisions of these terms and conditions which shall remain in full force and effect.

These terms and conditions are governed by English law and the parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.

References to ‘Cracked-It’, ‘DEMAND’, ‘us’, ‘our’, and ‘we’ are Inclusive to DEMAND Design for Disability, The Old Chapel, Mallard Road, Abbots Langley, Hertfordshire, WD5 0GQ, UK.

Updates

These terms were last updated on 5th January 2016 and may be varied from time to time. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the site after it has been posted.

If you have any queries relating to