Terms And Conditions

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About our Terms and Conditions

Access to and use of helpdesk.redcape.org both within the UK and internationally is provided by RedCape on the following terms:

By using helpdesk.redcape.org you agree to be bound by these terms, which shall take effect immediately on your first use of helpdesk.redcape.org. If you do not agree to be bound by all of the following terms please do not access, use and/or contribute to helpdesk.redcape.org.

RedCape may changes these terms from time to time and so you should check these terms regularly. Your continued use of helpdesk.redcape.org will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using this website and/or the web services provided.

Use of helpdesk.redcape.org

You agree to use helpdesk.redcape.org only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of helpdesk.redcape.org. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within helpdesk.redcape.org.  

Intellectual Property

Intellectual property on helpdesk.redcape.org refers to two mutually exclusive areas:

1. The software used to operate helpdesk.redcape.org and the services that the software provides to users.
2. The content uploaded to helpdesk.redcape.org for use by RedCape in providing services to users of helpdesk.redcape.org.

Software

All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) relating to the software including database, application, software design and supporting files, configurations and documents which is used by RedCape to provide and operate helpdesk.redcape.org shall be controlled by the software licensee, ittium ltd, on behalf of the software owners ittium ltd.

You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use the software (including any web pages, web services, and applications) for use on any electronic device in any way prohibited by ittium ltd.

You also agree not to adapt, alter or create a derivative work from the software and services provided by the software. Any other use of helpdesk.redcape.org’s services provided by the software requires the prior written permission of ittium ltd.

You also agree to use the software to provide services on helpdesk.redcape.org only. Use of the software for other domains must be approved with written permission from ittium ltd.

Data Content

All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) relating to the data content on helpdesk.redcape.org shall remain vested in RedCape or its licensors (which includes other users). You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use helpdesk.redcape.org content in any way prohibited by RedCape.

You also agree not to adapt, alter or create a derivative work from any helpdesk.redcape.org content. Any other use of helpdesk.redcape.org content requires the prior written permission of RedCape.

The names, images and logos identifying RedCape or third parties and their products and services are subject to copyright, design rights and trademarks of RedCape or any other third party.

The names, images and logos identifying RedCape or third parties and their products and services are subject to copyright, design rights and trademarks of RedCape or any other third party.

Payment, Privacy and Cancellation Policy

We do not store credit card details nor do we share customer details with any 3rd parties.

Subscription services are paid for on a monthly basis. Subscription services will run from the moment payment has been authorised until one month after the last payment has been made.

No refunds are available but services can be cancelled at any time. No further charges will be made once a subscription has been cancelled.

Payments for subscription services will show up on credit card statements as payments to ittium ltd

Contributions to helpdesk.redcape.org

By sharing any contribution (including any text, documents, charts, spreadsheets, photographs, graphics, video or audio) with RedCape you agree to grant RedCape, free of charge, permission to use the material in any way it wants (including modifying and adapting it for operational reasons) for RedCape services in any media worldwide. In certain circumstance RedCape may also share your contribution with trusted third parties.

Copyright in your contribution will remain with you and this permission is not exclusive, so you can continue to use the material in any way including allowing others to use it.

In order that RedCape can use your contribution, you confirm that your contribution is your own original work, is not defamatory and does not infringe any UK laws, that you have the right to give RedCape permission to use it for the purposes specified above, and that you have the consent of anyone who is identifiable in your contribution or the consent of their parent / guardian if they are under 16.

We normally show your name with your contribution. RedCape may need to contact you for administrative or verification purposes in relation to your contribution, or in relation to particular projects and you allow RedCape to approach you to this end.

Please do not endanger yourself or others, take any unnecessary risks or break any laws when creating content you may share with RedCape.

If you do not want to grant RedCape the permission set out above on these terms, please do not submit or share your contribution to or with helpdesk.redcape.org.

If you have any questions about contributing content to helpdesk.redcape.org, please contact RedCape.

Your helpdesk.redcape.org account

All accounts must be registered with a valid email address that you access regularly so that emails can be sent to you.

Accounts registered with someone else's email address, or with temporary email addresses may be closed without notice. We may require users to re-validate their account if we believe they have been using an invalid email address.

RedCape and ittium ltd reserves the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide their identity, pretend to be another user, or disrupt any of our services in any way.

Your contributions

You may not submit or share any defamatory or illegal material of any nature on helpdesk.redcape.org. This includes text, graphics, video, programs or audio.

Contributing material to helpdesk.redcape.org with the intention of committing or promoting an illegal act is strictly prohibited.

You agree to submit to or share with RedCape only contributions which are your own original work. You must not violate, plagiarise, or infringe the rights of RedCape or third parties including copyright, trade mark, trade secrets, privacy, publicity, personal or proprietary rights.

Disclaimers and Limitation of Liability

A large part of the content posted in helpdesk.redcape.org is created by third parties not directly employed by RedCape.

The views expressed are theirs and unless specifically stated are not those of RedCape. RedCape, ittium ltd or ittium ltd are not responsible for any content posted by any user on helpdesk.redcape.org or for the availability or content of any third party sites that are accessible through helpdesk.redcape.org.

Any links to third party websites from helpdesk.redcape.org do not amount to any endorsement of that site by RedCape, ittium ltd or ittium ltd and any use of that site by you is at your own risk.

helpdesk.redcape.org content, including the information, names, images, pictures, logos and icons regarding or relating to RedCape, ittium ltd, ittium ltd, their products and services (or to third party products and services), is provided "AS IS" and on an "AS AVAILABLE" basis.

To the extent permitted by law, RedCape and ittium ltd excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. RedCape, ittium ltd and ittium ltd do not guarantee the timeliness, completeness or performance of the website or any of the content. While we try to ensure that all content provided on helpdesk.redcape.org is correct at the time of publication no responsibility is accepted by or on behalf of RedCape, ittium ltd or ittium ltd for any errors, omissions or inaccurate content on the website.

Nothing in these terms limits or excludes RedCape's liability for death or personal injury caused by its proven negligence.

Subject to the previous sentence, RedCape, ittium ltd nor ittium ltd shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise):
(a) loss of data;
(b) loss of revenue or anticipated profits;
(c) loss of business;
(d) loss of opportunity;
(e) loss of goodwill or injury to reputation;
(f) losses suffered by third parties; or
(g) any indirect, consequential, special or exemplary damages arising from the use of helpdesk.redcape.org regardless of the form of action.

RedCape, ittium ltd or ittium ltd do not warrant that functions available on helpdesk.redcape.org will be uninterrupted or error free, that defects will be corrected, or that helpdesk.redcape.org or the server that makes it available are free of viruses or bugs.

You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

General Comments

You agree that RedCape and ittium ltd can refer to your service desk and organisation within their own marketing and sales material.

If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.

The failure or delay of RedCape, ittium ltd or ittium ltd to exercise or enforce any right in these terms does not waive the RedCape’s, ittium ltd’s or ittium ltd’s right to enforce that right.

This Agreement will be governed by and construed and interpreted in accordance with the law of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.

You, RedCape, ittium ltd and ittium ltd agree that a court may strike out or override any part of these terms and conditions if it considers them to be illegal, unenforceable or unfair and in such cases enforce only the terms and conditions as if the offending clause or clauses had never been contained in them.

Data Protection Policy

This policy applies to the processing of personal data by or on behalf of RedCape. For definitions of terms, as set out in the Data Protection Act 1998, see Appendix 1 below.

Purpose of the Data Protection Policy

All users of helpdesk.redcape.org who process personal data must comply with the Data Protection Act 1998. Section 4(4) of the Act states that:

'it shall be the duty of the data controller to comply with the data protection principles in relation to all personal data with respect to which he/she is the data controller'.

The purpose of the Data Protection Policy is to clarify the internal allocation of responsibilities and duties in respect of the Data Protection Act 1998 and to set out the structure within which they will be discharged.

The Data Protection Act

The Data Protection Act 1998 requires RedCape, ittium ltd and ittium ltd to notify the Information Commissioner of the purposes for which 'personal data' are 'processed' by RedCape, ittium ltd and ittium ltd.

RedCape is required to adhere to the eight principles of data protection as laid down by the Act and to permit individuals to access their own personal data held by RedCape, ittium ltd and ittium ltd in accordance with the terms of the Act.

Data Protection Principles

In accordance with the Principles laid down by the Data Protection Act 1998, all Personal Data held on helpdesk.redcape.org shall be:

• Fairly and lawfully processed,
• Processed for specified purposes,
• Adequate, relevant and not excessive,
• Accurate,
• Not kept longer than necessary,
• Processed in accordance with the data subjects' rights,
• Secure,
• Not transferred to countries outside the European Economic Area without adequate protection.

Responsibilities and Compliance

RedCape is the data controller. Details about the person responsible for RedCape’s compliance with the Data Protection Act is available on contacting RedCape.

Infringement of the Data Protection Act 1998 by users may expose RedCape and the individual to legal action and claims for substantial damages. Any infringement of the Act will be treated seriously by RedCape and may be considered under disciplinary procedures.

All complaints in connection with the data protection policy shall be made to the person responsible for RedCape’s compliance with the Data Protection Act.

APPENDIX I

Definitions

The Data Protection Act refers to a number of defined terms including the following:

Personal Data
Data relating to a living individual who can be identified from that information or from that data and other information in possession of the data controller. It includes, but is not limited to, name, address, telephone number, id number. It also includes expression of opinion about the individual, and of the intentions of the data controller in respect of that individual. It should be noted that personal data covered by the Act can be held in any format, electronic (including web-sites and emails), paper-based, photographic etc. from which the individual's information can be readily extracted.

Data Controller
Any person (or organisation) who makes decisions with regard to particular personal data, including decisions regarding the purposes for which personal data are processed and the way in which the personal data are processed.

Data Subject
Any living individual who is the subject of personal data held by an organisation.

Processing
Any operation related to organisation, retrieval, disclosure and deletion of data and includes: Obtaining and recording data, accessing, altering, adding to, merging, deleting data retrieval, consultation or use of data disclosure or otherwise making data available.