Usage Conditions

1

Definitions

In this agreement:

“Content”

means information in any form published on The Site by us or any third party with our consent.

“Services”

means any of the services we offer via the Site (including Discussion Services) . To view our current Services click here.

“Site”

means the entire computing hardware and software installation that is or supports The Site located at or pointed towards the URL www.aidsportal.org (including www.aidsportal.info www.aidsportal.net and all other sub — domains of that URL from time to time).

“Discussion Services”

means those services (including any Content) provided by facilitated with the assistance of or managed by any user who applies to run a discussion on the Site.

2

Our agreement with you

2.1

Welcome to the Site. By using the Site you agree to be bound by these terms and our policy on Privacy. Do not use the Site of you do not agree to both these terms and our policy on Privacy

2.2

In order to become a basic user of the Site please complete the sign up page

You may verify the Services available to basic users of the Site on the help page

2.3

Should you become a Discussion Services provider you additionally agree as follows:

(a)

Not to act as a reseller or otherwise seek to gain commercial benefit from being a provider of Discussion Services or any other Services or of this Site;

(b)

(Without in any way releasing you from your obligations to us under these terms and conditions and our policy on Privacy) to ensure that individual users and User Organisations agree to be bound by and comply with terms and conditions no less onerous than these terms and conditions and our policy on Privacy;

(c)

Not to waive but to be bound by and to duly enforce against individual users and User Organisation those terms and conditions and the policy on Privacy referred to in the immediately preceding paragraph in the course of providing facilitating or managing Portal Services;

(d)

Not to incur any liability on our part;

(e)

Not to make any representation or warranty on our behalf of or pledge our credit or otherwise bind us;

2.4

All submissions to the Site to provide Discussion Services address shall be treated as an offer which we may in our absolute discretion accept or reject. You will be notified that your application has been accepted or rejected by email to the return address in your submission. Any Discussion Services accepted by us may be removed or revoked at any time without ascribing any reason and without liability to the fullest extent permissible by law.

2.5

We do not file copies of our agreement with you.To save these terms to your desktop, please select “save as” from the “file” menu of your web browser.

2.6

We reserve the right to change these terms (and to charge for Services currently supplied free of charge) by posting changes on the Site. Please ensure you visit the Site to update yourself of any changes (which you deem to accept should your use of the Site continue following such changes).

3

Price and Payment

3.1

There is no charge made for these services. We reserve the right to make a charge for some or all of these services at a later date. You will be noticed of any plans to charge for Services and have the option to opt out.

4

Information you give us

4.1

You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Services.

5

Taxes duties and laws

5.1

We have no knowledge of, and no responsibility for, the laws in your country of residence.

5.2

(Insofar as the same relate to you) you are responsible for compliance with all applicable laws in relation to your use of the Site and the Services and the payment of duties and taxes of any kind levied in your country of residence on the Services.

6

Your Obligations to us

6.1

You may use the Site and the Services for the purpose of communicating and collaborating with other individual Site users and User Organisations provided the same shall in each case and at all times be in furtherance of the purposes of UK Consortium on AIDS and International Development.

6.2

You must keep your username and password safe and confidential.

6.3

You will not do anything which might affect ownership of any intellectual property rights of ours or any third party in the Site or the Content any name selected by you to provide Portal Services or any other submission made to the Site save as authorized by these terms.

6.4

You will not post or submit any information to the Site which is not lawful truthful decent or accurate.

6.5

Except in relation to Personal Data, where you make any submission to The Site it will be considered to have been submitted free of any obligation of confidence to the fullest extent permissible by law.

6.6

By making any submission of Content email or any other materials to the Site (“submission”) or otherwise you hereby warrant with full title guarantee in each case that;

(a)

You have the right to make such submission available without infringing the rights of any third party and you may lawfully grant us the license set out in clause 6.7;

(b)

That the submission is not defamatory;

(c)

That the submission is lawful;

(d)

That the submission is not derogatory and will not threaten the safety of any person;

(e)

That you will indemnify us (including without limitation all legal fees and VAT) incurred by us as a result of any breach of the above warranties (a) to (d) inclusive;

(f)

That you waive all moral rights you may have in each such submission to the extent necessary pursuant to clause 6.7;

(g)

That all metadata used to identify and manage access to any Content submitted or made available by you shall not be used by you without the prior express consent of UK Consortium on Aids and International development;

6.7

Save in relation to metadata we claim no ownership in any submission provided that you grant us with full title guarantee such royalty-free license therein as may be required in order;

(a)

to lawfully use the submission to provide the Discussion Services and facilitate access to Content forming part of your submission; and

(b)

to promote the Services, the Discussion Services, the Content and ourselves (in connection with which you authorise us to use your name) without compensation to you.

6.8

Without being under any obligation to do so, we (on behalf of ourselves and any providers of Discussion Services) reserve the right to moderate accept reject or compile recommendations of any submissions of Content in our absolute discretion without ascribing any reason and (to the fullest extent permissible by law) without liability to the party submitting the same and to review and delete any submissions of Content or otherwise made by you to The Site which infringe these terms.

6.9

You will not;

(a)

Defame, abuse, harass, threaten or otherwise violate the legal rights of others (including the laws of confidence).

(b)

Publish, post, upload, distribute or disseminate any inappropriate, profane, infringing, obscene, indecent or unlawful topic, name, content, material or information.

(c)

Upload files that contain software or other material protected by intellectual property laws (or by the laws of confidence) unless you own or control the rights thereto or have received all necessary consents.

(d)

Upload files, post or publish content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

(e)

Advertise or offer to sell any goods or services or otherwise use the Site for any commercial purpose.

(f)

Conduct or forward commercial surveys, contests, pyramid schemes or chain letters.

(g)

Download any file posted by another user of a forum that you know, or reasonably should know, cannot be legally distributed in such manner.

(h)

Restrict or inhibit any other user from using and enjoying the Services.

(i)

Submit disruptive unlawful abusive or objectionable postings to The Site or other users of The Site.

(j)

Submit spam to The Site or other users of The Site or take any steps in relation to The Site or the Content intended to facilitate spamming.

(k)

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

(l)

Modify the Contents or frame or deep link or link the Site to any other website or data scrape or otherwise collect or use email addresses or member details.

(m)

Submit any posting or upload any content that infringes the intellectual property rights of any third party.

(n)

Attempt to use The Site or the Services if your use has been suspended.

(o)

Use The Site for any unlawful purpose.

(p)

Post any off – topic comments in any chat room or forum accessible via The Site.

(q)

Impersonate any person via The Site.

(r)

Otherwise Infringe the rights of any third party or their ability to use The Site.

6.9

We operate a complaints policy. Please report any suspected breaches of these terms to aidsportal@aidsconsortium.org.uk and we will investigate the alleged breach.

7

Cancellation and termination

7.1

You may terminate your membership at any time — to do so contact us.

7.2

We may terminate your membership and access to Our Services at any time on reasonable notice, or immediately if you have breached these terms or our policy on Privacy. We may also block you account, your ability to submit Content, delete or prevent publication of your profile and any Content you submit, or block your access to the Services, in whole or in part in each case.

8

Disclaimers

NOTE

8.1

The Site and Services including the services of our third party service providers, are provided “AS IS” and “AS AVAILABLE”. All warranties arising in relation to the Site or its content, including without limitation, your use of and/or access to the Site are to the extent permissible by law excluded including warranties implied by law relating to reasonable quality fitness for purpose non infringement security and accuracy.

8.2

We do not indorse the opinion accuracy statements of member submitted Content in any way and you rely upon the same at your own risk and acknowledge that the provision of any Services by us (including Portal Services) does not constitute any endorsement or approval on our part nor any waiver on our part of our rights under these terms and our policy on Privacy.

8.3

Nothing in these terms shall exclude or limit our liability for death or personal injury caused by our proven negligent act or omission. Fraud or any other liability that may not be excluded or limited by law;

8.4

All liability on our part for any consequential or indirect loss or damage however it is caused whether in contract tort by statute or otherwise including (without this being an exhaustive list) loss of profits, loss of revenue, loss of contracts, loss of operation or production, loss of anticipated savings and loss of data which arises as a result of the use or failure to be able to use The Site and/or the Services is to the fullest extent permissible by law hereby excluded.

8.5

The internet is an open medium. You accept that any information submitted or posted to The Site is remitted at your own risk and we can accept no liability for breaches of confidentiality or other losses suffered by you as a result of third party access being obtained to information you send over the internet.

8.6

The Site may operate as a referral site to other sites, advertisements promotions or otherwise. We can accept no responsibility for any dealings you have with or any losses suffered by you as a result of your dealings with any third party sites accessed as a result of your use of the Site. We accept no responsibility for any links to such third party sites, and do not endorse their content. Where you access any site in this manner you hererby agree to be bound by the terms and conditions of that referral site in addition to these terms.

8.7

We or our Content suppliers may make improvements repairs or changes to The Site, the Content, or to any of the Services, at any time and without advance notice and we may suspend the provision of the Site or any Services for such purposes.

8.8

You are advised that Content may include technical inaccuracies or typographical errors.

8.9

We give no warranty and make no representation, express or implied, as to:

(a)

the adequacy or appropriateness of the Services for your purpose;

(b)

the truth of any information given on The Site;

(c)

compatibility of The Site with your equipment software or telecommunications connection;

(d)

compliance with any law;

(e)

non-infringement of any right;

(f)

Failure of email including loss or misrouting;

(g)

The security of any material hosted on our servers or yours;

(h)

Freedom of the Services from errors or interruptions;

(i)

Any failure to back up store or preclude access to any data whether in relation to email Content or any other Services;

(j)

The availability or lawful use of sub domain names email addresses or aliases;

8.11

We reserve the right to terminate the Services at any time on immediate notice without ascribing any reason to the fullest extent permissible by law.

9

System Security

9.1

You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of The Site;

9.2

you agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of The Site, or any software used on The Site, and that you will not permit any other person to do so.

9.3

You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

9.4

Examples of violations are:

(a)

accessing data unlawfully or without consent;

(b)

attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;

(c)

attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";

(d)

forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;

(e)

taking any action in order to obtain Services to which you are not entitled.

9.4

You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:

(a)

any violation of system security as set out above;

(b)

your use of The Site;

(c)

any other breach or violation of this agreement by you;

(d)

the infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.

10

Contractual Limitation

10.1

Where we provide Services without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such Services.

11

Rights of third parties

11.1

Nothing in this agreement or on the Site shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.

12

Severability

12.1

If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

13

No Waiver

13.1

No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

14

Dispute Resolution

14.1

In the event of a dispute arising out of or in connection with these terms you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

15

Force majeure

15.1

We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.

16

Assignment

16.1

You are not entitled to assign the benefit or the burden of these terms. We may assign the benefit and/or sub contact any or all our obligations hereunder.

17

Governing Law and language

17.1

This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Services, the application of which is hereby expressly excluded.

17.2

These terms are available in English.