The information sharing platform hosted on https://insp.ngo/insp-hub/ (“INSP Hub”) is a website operated by The INSP Foundation for users of Members registered on The INSP Foundations’ main website (“you / your / user”). Please read these terms and conditions (“Terms”) carefully, we recommend that you also print them and keep a copy for future reference. By accessing the INSP Hub you are accepting these Terms on behalf of, and in the capacity of, a representative of the Member which you represent, and you agree to comply with them. If you do not agree to these Terms, you must not use the INSP Hub.
1. INFORMATION ABOUT US
1.1 The INSP Foundation is a charity registered in Scotland with charity registration number SC280250 whose registered office is at 200 Renfield Street, Glasgow G2 3QB (“we / our / us”).
1.2 If you would like to contact us for any reason please use the address set out in clause 1.1, email us at firstname.lastname@example.org or telephone us on +44 141 302 6552.
2.1 These Terms refer to the following terms, which apply (in addition to these Terms) to your use of the INSP Hub:
(b) Terms and Conditions of our homepage, if applicable, located on the homepage and updated from time to time, which sets out the permitted uses of our main website (available at: https://insp.ngo/) (“INSP Website”) and governs registration as a user and signing up for training or conferences with us.
(c) Membership Criteria relating to the terms and conditions of being an organisation recognised by us as a member, in relation to members’ responsiblitiy for its users’ access and use of the INSP Hub, the INSP Website and INSP’s other services on its behalf.
2.2 We may revise these Terms at any time by posting an update on the INSP Hub. Your continued use of the INSP Hub after any such change constitutes your acceptance of the new Terms and they will be binding on you. You should therefore check the INSP Hub from time to time to review the current Terms.
3. ACCESSING THE INSP HUB
3.1 In order to access the INSP Hub, you must be a registered user of the INSP Website and be associated with an organisation recognised by us (“Member”). You, as the user, warrant and represent to us that you are entitled to enter into these Terms on behalf of the Member, and that the Member agrees to be bound by the same; references in these Terms to “you” are accordingly, except where expressly indicted otherwise, to be construed as references to the Member, which shall be responsible for your compliance with these Terms. If you cease to represent, be employed by or affiliated with a Member, you must notify us and stop using the INSP Hub.
3.2 We do not guarantee that the INSP Hub, or any content, photograph, image, material, discussions, threads, comments (“Material”) on it, will always be available or uninterrupted and we will not be liable for any reason if the INSP Hub is unavailable at any time or for any period. Access to the INSP Hub may be suspended temporarily and without notice in the case of system failure, maintenance or repair for any reason or for any other reasonable cause.
3.3 You are responsible for configuring your information technology, computer programmes, platform, mobile phone and other devices to access the INSP Hub.
4. MATERIAL WE PROVIDE ON THE INSP HUB
4.1 We may make Material available for you to read, review and/or download on the INSP Hub in accordance with the licences set out above). In addition to these Terms, if you download such Material you will be subject to further terms, including our Terms and Conditions for Publishing Content, which are made available to you when you download such Material.
4.2 The Material we make available to you will either be:
(a) provided via the News Service section of the INSP Hub and provided for external use that is, use outside of your Member organisation, including for publication. This Material is provided to assist you and our Members to facilitate the marketing, publication and promulgation of street papers (“INSP External Material”); or
(b) provided via the Guides and Resources section of the INSP Hub or the Forum for internal use, that is, solely for use within your Member organisation. This Material is provided for reference only and is intended to provide strategic business development support to assist you and our Members to increase street paper efficiency and effectiveness (“INSP Internal Material”), (together, “INSP Materials”).
4.3 Subject to clause 4.5, we grant you a revocable, worldwide, royalty-free, licence to use the INSP External Materials available on the INSP Hub for the limited purposes of producing street papers on behalf of your Member as described in clause 4.2(a) (including but not limited to displaying, editing, copying, reproducing, translating, disclosing and creating derivative works of the INSP External Materials).
4.4 Subject to clause 4.5, we grant you a revocable, worldwide, royalty-free, licence to use the INSP Internal Materials available on the INSP Hub for the limited purposes of internal business use by you on behalf of your Member as described in clause 4.2(b) (including but not limited to displaying, editing, copying, reproducing, translating, disclosing and creating derivative works of the INSP Internal Materials).
4.5 The licence granted to you under clauses 4.3 and 4.4 is subject to you complying with these Terms (including but not limited to the conditions of use of the INSP Materials as set out in clauses 6 and 8).
5. MATERIAL YOU PROVIDE ON THE INSP HUB
5.1 The INSP Hub provides you with the ability to upload and share Material to the INSP Hub. This function is provided for the non-commercial exchange of information between users and Members to share lawful, relevant and appropriate Material relating to street papers and associated businesses.
5.2 As part of the functionality of the INSP Hub, we may offer interactive services like a discussion forum on the INSP Hub (“Forum”) to facilitate the sharing of Materials for use internally in the Members’ business relating to street papers.
5.3 You must comply with clause 6.1 when uploading or sharing Material to the INSP Hub, and provided you do so, you may upload or share:
(a) material suitable for publication and external use, such as news articles, photographs, images and other editorial content suitable for publication and which will assist other us and other Members in providing street papers (“User External Material”). User External Material can be submitted by sending it to us using the upload function on the INSP Hub or by emailing it to us; or
(b) comments, discussions, strategic business resources, frequently asked questions, business resources, human resources materials, case studies, protocols, plans and other internal business documents solely for the internal use of other Members, which assist and support our Members to increase street paper efficiency and effectiveness (“User Internal Material”). User Internal Material can be submitted via the Forum, by sending it to us using the upload function on the INSP Hub or by emailing it to us,
(together, “User Material”). After receiving User Material, we may upload it to the relevant section of the INSP Hub. However, we may, at our sole discretion and without notice to you, decide not to publish any User Material on the INSP Hub.
5.4 By uploading or sharing User External Material on the INSP Hub you acknowledge and agree:
(a) that you will only submit User External Material to us via the upload function on the INSP Hub or by emailing it to us and you will not upload any User External Material to the Forum;
(b) that you are providing such User External Material on the basis that it is not confidential information and is not any persons proprietary information, and you acknowledge that the information will be made available to users of the INSP Hub and may be made publically available outside of the INSP Hub by users of the INSP Hub;
(c) that you will ensure that the User External Material does not: (i) breach any law or regulation; (ii) infringe upon the intellectual property rights of another, and (iii) disclose any personal data, unless you have all the requisite permissions and informed consents required by law to disclose it from the person or people to which the personal data relates;
(d) that you have the rights in the User External Material (by being the owner of the User External Material or having a licence from the owner of the User Internal Material to sublicence such User External Material) in order to grant the licence in clause 5.4(e). If you do not have such rights in User External Material, you should not upload the User External Material to the INSP Hub;
(e) to grant us, our sponsors and partners and all other users of the INSP Hub a perpetual, worldwide, royalty-free, licence to use such User External Material for any purposes related to our business or the business of our Members, including but not limited to displaying, editing, copying, reproducing, translating, disclosing, posting to and creating derivative works in connection with the services provided by us or our Members; and
(f) unless you specify otherwise in writing in the relevant User External Material, that you waive all of the moral rights that you have under Chapter IV of the Copyright, Designs and Patents Act 1988 in any User External Material uploaded or shared to the INSP Hub.
5.5 By uploading or sharing User Internal Material on the INSP Hub (including via the Forum) you acknowledge and agree:
(a) that you are providing such User Internal Material on the basis that it is not confidential information and is not any persons proprietary information, and you acknowledge that, although it is intended to be used by us and the users of the INSP Hub for internal purposes of the Members only, there is a risk that it could be made publically available outside of the INSP Hub by users of the INSP Hub;
(b) the User Internal Material does not: (i) breach any law or regulation; (ii) infringe upon the intellectual property rights of another; and (iii) does not disclose any personal data unless you have all the requisite permissions and informed consents required by law to disclose it from the person or people to which the personal data relates;
(c) that you have the rights in the User Internal Material (by being the owner of the User Internal Material or having a licence from the owner of the User Internal Material to sublicence such User Internal Material) in order to grant the licence in clause 5.5(d). If you do not have such rights in User Internal Material, you should not upload the User Internal Material to the INSP Hub;
(d) to grant us, our sponsors and partners and all other users of the INSP Hub a perpetual, worldwide, royalty free, licence to use such User Internal Material for any purposes related to our business or the business of our Members, including but not limited to displaying, editing, copying, reproducing, translating, disclosing, posting to and creating derivative works in connection with the services provided by us or our Members; and
(e) waive all of the moral rights that you have under Chapter IV of the Copyright, Designs and Patents Act 1988 in any User Internal Material uploaded or shared to the INSP Hub.
5.6 You warrant that any User Material you upload or share to the INSP Hub (including, in the case of User Internal Material, on in the Forum) will comply with these Terms. You agree to indemnify us for any claims by a third party claiming that any of the User Material you uploaded or shared to the INSP Hub breaches, violates or infringes their intellectual property rights, or their right to privacy.
5.7 We are not liable for any loss, claims or damages arising in contract, tort (including negligence) or otherwise, suffered or incurred by any user where another user makes any User Internal Material public or uses it outside of their Member organisation.
6. MATERIAL STANDARDS
6.1 We are a charity and we provide the INSP Hub to assist and support street papers. We expect our users and Members to provide User Material and interact with each other in good faith to further this aim. Any User Material you upload or share on the INSP Hub (including, in the case of User Internal Material, on the Forum) must:
(a) be accurate (where it states fact);
(b) be genuinely held (where it states opinion);
(c) comply with the law applicable in England and from any country from where User Material is posted;
(d) comply with these Terms,
and must not:
(e) be obscene, offensive, hateful, defamatory, discriminatory or inflammatory;
(f) promote sexually explicit material or violence;
(g) promote any illegal activity;
(h) promote political views;
(i) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
(j) be likely to harass, bully, intimidate, upset, embarrass, alarm or annoy any other person;
(k) be used to impersonate any person, or to misrepresent your identity or affiliation or connection with any person;
(l) give the impression that they originate from us, if this is not the case, or in any way bring us into disrepute;
(m) infringe any intellectual property rights (including but not limited to copyright, database right or trade mark) of any other person; and
(n) breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
7. MATERIAL DISCLAIMER
7.1 You acknowledge that the INSP Hub (including the Forum) contains Material uploaded by other users of the INSP Hub. We make reasonable efforts to update and verify the Material on INSP Hub, including moderation of the Forum. However, we make no representations, warranties or guarantees, whether express or implied, that we will monitor the Forum or that the Material on INSP Hub is accurate, complete, non-infringing or up to date. The views expressed by users on the INSP Hub do not represent our views or values.
7.2 The INSP Hub is available across the world and we do not represent or warrant that the Material on the INSP Hub will comply with your local laws or regulations. You acknowledge that any use of the Material outside of England may be subject to additional laws and regulations and it is your sole responsibility to ensure compliance with these.
7.3 We reserve the right at our sole discretion to refuse or remove any Material that is posted to, or otherwise made available on, the INSP Hub, without giving reasons.
7.4 If you wish to contact us about any Material, including to object to or report any Material, posted or made available on the INSP Hub, please contact us on the details set out in clause 1.1.
8. YOUR USE OF MATERIAL AVAILABLE ON THE INSP HUB
8.1 The Materials on the INSP Hub are made available to you (by us or our users) for external publication (for example, news articles in our News Service section) or for internal use (for example, strategy documents, business guides in our Guides and Resources section or on the Forum), subject to the following conditions:
(a) if you download and/or use any of the Materials, you must:
(i) not remove any copyright or trade mark notices from any Materials;
(ii) comply with these Terms, and to the extent such applies, any terms notified to you when you download the Material, including in respect of any modifications to, or restrictions on, any illustrations, photographs, video or audio sequences or any graphics separately from any associated or accompanying text;
(iii) acknowledge the author(s) (and the status of any identified contributors) of the Materials in the manner indicated, and if no such manner is indicted, by acknowledging the authors name (for example, for INSP Materials, you must acknowledge our status as the author along with any other identified contributors). The acknowledgement must include a reference and hyperlink to the relevant webpage and any other attribution outlined in the Terms and Conditions for Publishing Content (if applicable); and
(iv) comply with the Terms and Conditions for Publishing Content [https://insp.ngo/insp-news-service-terms-conditions-publishing-content/]
(v) and any other terms notified to you when you download or copy the relevant Materials, and
(b) if you download and/or use the INSP Internal Materials and/or the User Internal Materials, you must:
(i) not use the User Internal Material or INSP Internal Material (including where such is provided to you through the Forum) other than for the internal business use of your Member;
(ii) not commercialise, including selling or making a profit from, the User Internal Material or INSP Internal Material in any way; and
(iii) not make any of the User Internal Material or INSP Internal Material available to any person outside of the Member which you are affiliated with, including not sharing any INSP Internal Material or User Internal Material you have downloaded from the INSP Hub via the Forum. If you wish to direct another user to the INSP Internal Material or User Internal Material, you must direct them to the location of the INSP Internal Material or User Internal Material on the INSP Hub and they can then download it directly from the INSP Hub.
8.2 Except where permitted by these Terms, you must not scrape, extract, download, upload, sell or offer for sale any part of the INSP Hub, the INSP Material or the User Material and you agree not to use, or cause to be used, any computerised or other manual or automated program or mechanism, tool, or process, including any scraper or spider robot, to access, extract, download, scrape, data mine, display, transmit, or publish, any part of the INSP Hub, the INSP Material or the User Material. You must not bypass robot exclusion headers or other similar measures that we may use to restrict access to, or caching of, the INSP Hub.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 We (and/or our licensors, as applicable) are the owner of all intellectual property rights in the INSP Hub and the INSP Materials and we do not transfer any right, title or ownership in the INSP Materials, save as set out in clause 4. The INSP Materials are protected by copyright laws and treaties around the world. All such rights are reserved.
10. PROHIBITED USES
10.1 You may not use the INSP Hub, including the Forum:
(a) in any way that breaches any applicable local, national or international law or regulation;
(b) in any way that is unlawful or fraudulent or has that purpose or effect;
(c) to harm or attempt to harm children in any way (which means anyone under the age of 18 years of age);
(d) to transmit or send any advertising or promotional material that would reasonably be considered as unsolicited, and when we talk about “unsolicited”, we mean material which is spam, unwanted by the recipient, or has been sent to someone without being asked for; or
(e) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, logic or time-bombs, keystroke loggers, spyware, adware, malware or ransomware, or other material which is malicious or technologically harmful.
10.2 You must not:
(a) access, damage or disrupt without our authority any part of the INSP Hub or any software, equipment or network used in the provision of the INSP Hub;
(b) decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas, algorithms, file formats or programming or interoperability interfaces within the INSP Hub (except to the extent permitted by law);
(c) use any network monitoring or discovery software to determine the INSP Hub architecture or extract information about usage, individual identities or users; and
(d) circumvent, disable or otherwise interfere with security-related features of the INSP Hub.
11. SUSPENSION OF ACCESS
11.1 We may withdraw, cancel, amend or suspend the INSP Hub or your access to all or any part of INSP Hub without notice if we believe you have not complied with these Terms or for any other reason. We may also:
(a) issue a warning to you;
(b) notify the Member you are registered or linked with; and/or
(c) take further legal action against you.
11.2 Where we suspend or cancel your access to the INSP Hub:
(a) we may request that you return, destroy or permanently delete any INSP Materials or other Material you have downloaded, copied or stored from the INSP Hub. If we issue you with such a request, you will promptly return or destroy or permanently delete (as per our request) all Materials in your possession; and
(b) the licences granted to you in clause 4 will cease.
11.3 Without prejudice to clause 11.1, you agree to compensate us in respect of any claims, losses, expenses and liabilities (including legal fees) which arise from, or in relation to, your use of the INSP Hub or the INSP Materials (or any use of the same by any third party using your log in details).
12. OUR LIABILITY
12.1 The Material displayed on the INSP Hub is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by law.
12.2 Subject to clause 12.5, we will not be liable to you for any loss or damage that was not foreseeable to you and us during your use of the INSP Hub and that does not flow directly and naturally from our breach. The Material is provided to you free of charge and we do not accept any liability as a result of your reliance on the Material for business purposes. In addition, we will not be liable to you under any circumstances for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; or loss of business opportunity, goodwill or reputation (whether direct, indirect or consequential).
12.3 We do not guarantee that any Material on the INSP Hub will be non-infringing. We will not be responsible, or liable to any third party, for Material posted, uploaded or downloaded by you or any other user of the INSP Hub, including in relation to actual or alledged infringement of third party intellectual property rights.
12.4 In the event that you are dissatisfied with us or the INSP Materials, or dispute these Terms, to the maximum extent permitted by law, you have the right to cease using the INSP Hub. You confirm that we have no other obligation, liability or responsibility to you or any other party.
12.5 Notwithstanding the other terms set out in these Terms, we will be liable to you for any loss causing death or personal injury arising from our negligence, or caused by our fraud or fraudulent misrepresentation, or for any other liability that we cannot exclude or limit by law.
12.6 Subject to clause 12.5, our liability to you will be limited to the fees paid by your Member in respect of its registration to the INSP Hub and/or INSP Website, in aggregate, for any loss, claims or damages arising in contract, tort (including negligence) or otherwise, suffered or incurred by you as a result of our breach of these Terms.
12.7 The parties agree that the limits of liability set out in these Terms are reasonable and proportionate to the services offered by us, including the INSP Hub and INSP Website, for the fees paid by the Member in respect of such services.
13. INFORMATION ABOUT YOU AND YOUR VISITS TO THE INSP HUB
13.3 To update your personal data provided to us please contact email@example.com.
13.4 For the purposes of clauses 13.4 to 13.10 of these Terms: (i) “Data Controller” has the meaning of “controller” or “data controller” (as applicable) as set out in the Data Protection Laws; (ii) “Data Processor” has the meaning of “processor” or “data processor” (as applicable) as set out in the Data Protection Laws; (ii) “Data Protection Laws” means the Data Protection Act 1998, the European Union Data Protection Directive 95/46/EC and, from 25 May 2018, the General Data Protection Regulation (EU 2016/679) as it applies in the UK (iv) “Personal Data” and “Personal Data Breach” shall have the meanings set out in the Data Protection Laws; (v) “Regulatory Authority” means any regulator with authority over a party, including the UK Information Commissioner; and (vi) for the avoidance of doubt, “you” means a Member, and not a user.
13.5 In respect of any Personal Data processed under these Terms:
(a) the parties agree that the you are the Data Controller and that we are the Data Processor with respect to the parties’ rights and obligations under these Terms; and
(b) the parties shall comply with their respective obligations under the Data Protection Laws.
13.7 With respect to any Personal Data, we shall use Personal Data as set out in these Terms, or where we have a legal obligation to process or disclose Personal Data.
13.8 You undertake to supply the Personal Data to us in accordance with the provisions of the Data Protection Laws and shall provide us with reasonable cooperation and assistance in ensuring that the processing and use of the Personal Data described in these Terms is conducted in accordance with the Data Protection Laws, including without limitation, by maintaining all necessary registrations, providing all necessary notices and procuring all necessary consents in order for us to process Personal Data as envisaged in these Terms to comply with the Data Protection Laws.
13.9 Where we are acting as a Data Processor in respect of Personal Data processed under this Agreement, we shall:
(a) process Personal Data only on commercially reasonable documented instructions received from you under or as set out in these Terms, and in respect of such instructions notify you where, based on our reasonable opinion (and not based on legal advice), we believe such instructions infringe Data Protection Laws;
(b) not transfer any Personal Data outside the European Economic Area (EEA), the European Union (EU) or the UK (to the extent that the UK is no longer in the EEA or the EU) unless you consent to such transfer, such transfer is on the basis of a European Commission adequacy decision or appropriate safeguards are in place, in accordance with the Data Protection Laws and shall provide details of any such transfers to you promptly on request;
(c) ensure that persons authorised to process Personal Data have committed themselves to confidentiality obligations;
(d) implement appropriate technical and organisational measures designed to prevent unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, any Personal Data including where agreed pseudonymisation and encryption of Personal Data and, measures designed to enable the ongoing confidentiality, integrity, availability and resilience of processing systems and services and restore the availability and access to Personal Data in a timely manner in the event of a physical or technical incident and/or a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures;
(e) oblige any subcontractors that process Personal Data in connection with this Agreement (“Sub-processors”) for which you are a Data Controller to keep such Personal Data secure and confidential and impose substantially the same data protection obligations as set out in this Agreement on such Sub-processors where appropriate to the services being provided. Our current Sub-processors with access to Personal Data are Automattic (who run WordPress.com), Salesforce, MailChimp, Google Inc and TransferBigFiles. We shall provide you with thirty (30) days’ written notice of any intended changes. You may object to any intended changes to our Sub-processors by giving written notice to us in accordance with clause 1.2 during the thirty (30) day notice period;
(f) provide commercially reasonable assistance to enable you to fulfil your obligations to respond to requests exercising data subjects’ rights under the applicable Data Protection Laws to the extent that you do not have the ability to fulfil your obligations without assistance from us;
(a) notify you without undue delay after becoming aware of a Personal Data Breach;
(h) delete or return the Personal Data at your choice after the termination of these Terms and delete copies of the Personal Data unless applicable law requires continued storage of the Personal Data; and
(i) assist you in complying with your obligations under the Data Protection Laws by promptly notifying you of any communications from data subjects or a Regulatory Authority and making available to you the information necessary to demonstrate your compliance with the Data Protection Laws and contribute to audits in accordance with clause 13.10.
13.10 We shall permit you, or your duly authorised representatives, on reasonable prior notice, unless such access is required sooner in order to comply with the request of a competent Regulatory Authority, to inspect and/or audit our security practices that are relevant to the INSP Hub to verify that our security practices are carried out in compliance with these Terms and to inspect and/or audit the relevant records (but only to the extent that those relevant records do not relate to other matters which are not the subject of these Terms). Each party shall bear its own costs arising out of the performance of and compliance with its obligations set forth in this clause 13.10.
14. VIRUSES, HACKING AND OTHER OFFENCES
14.1 We do not guarantee that the INSP Hub will be secure or free from bugs or viruses and we will not be liable for any loss or damage caused by any attack, virus or technologically harmful material that may infect your computer equipment, data or programs due to your use of the INSP Hub. You are responsible for configuring your computer equipment and computer programs so that you can use our website safely and free from bugs or viruses. We strongly recommend that you use your own virus protection software.
14.2 You must not misuse the INSP Hub 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 the INSP Hub, the server on which the INSP Hub is stored or any server, computer or database connected to the INSP Hub. You must not attack the INSP Hub via a denial-of-service attack or a distributed denial-of service attack.
14.3 By breaching clause 14.2, you would commit a criminal offence under the 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 the INSP Hub will cease immediately.
15.1 If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 15.1 shall not affect the validity and enforceability of the rest of these Terms.
15.2 These Terms are governed by the laws of England (including non-contractual disputes or claims) and you can bring legal proceedings in respect of these Terms and INSP Hub in the English courts.
These Terms were most recently updated on 18 December 2017.