1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply Rix Wiki (as defined below) to you. By accessing and using Rix Wiki, you are deemed to agree to these terms. Please read these terms carefully before you access or use Rix Wiki.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Knowledge Dock (UEL) Limited, a company registered in England and Wales under company number 3576958 whose registered office is at 4-6 University Way, London, E16 2RD. Our registered VAT number is GB744193722.
2.2 How to contact us. You can contact us by telephoning us at +44 208223 7561 or by writing to us at ‘firstname.lastname@example.org’, Rix Research & Media, University of East London, Docklands Campus, 4-6 University Way, London, E16 2RD.
2.3 How we may contact you. If we have to contact you, we will do so by telephone, email or by writing to you using the contact details you provided to us when you applied for your Rix Wiki account from us.
3.1 Subject to these terms, we grant you a non-exclusive licence to use the Rix Wiki application software, the data supplied with the software and any updates or supplements to it (Rix Wiki).
3.2 Except as set out in these terms, all intellectual property rights in Rix Wiki (excluding the content you upload or add to your Rix Wiki (your Content)) throughout the world belong to us. You have no intellectual property rights in, or to, Rix Wiki other than the right to use Rix Wiki in accordance with these terms.
4. BROWSER REQUIREMENTS
4.1 Rix Wiki requires access to an online computer or a mobile device with the latest version of the internet browser: Internet Explorer, Google Chrome, Firefox or Safari.
5. HOW YOU MAY USE Rix WIKI
5.1 In return for you agreeing to comply with these terms, you may:
- (a) access your Rix Wiki account using your device and view, use and display Rix Wiki on your device for your personal purposes only;
- (b) share all or part of your Rix Wiki with others by using Rix Wiki’s “invite” feature; and
- (c) receive and use any supplementary software code or update of Rix Wiki incorporating patches and error corrections as we may provide to you.
6. YOU MUST BE 18 TO ACCEPT THESE TERMS AND BUY Rix WIKI
6.1 You must be 18 or over to accept these terms and buy Rix Wiki.
7. IF SOMEONE ELSE OWNS THE DEVICE YOU ARE USING
7.1 If you access your Rix Wiki using any device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the device.
8. LICENCE RESTRICTIONS
8.1 You agree that you will:
- (a) except in the course of permitted sharing as set out above, not rent, lease, sell, sub-license, loan, provide, or otherwise make available, Rix Wiki in any form, in whole or in part, to any person without prior written consent from us;
- (b) not copy any part of Rix Wiki except as part of the normal use of Rix Wiki or where it is necessary for the purpose of back-up or operational security;
- (c) not translate, merge, adapt, vary, alter or modify, the whole or any part of Rix Wiki nor permit Rix Wiki or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use Rix Wiki on devices as permitted in these terms;
- (d) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of Rix Wiki nor attempt to do any such things, except to the extent that such actions cannot be prohibited by law;
- (e) comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by Rix Wiki.
9. ACCEPTABLE USE RESTRICTIONS
9.1 You must:
- (a) not use Rix Wiki in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously,
- for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into Rix Wiki or any operating system;
- (b) not infringe our intellectual property rights or those of any third party in relation to your use of Rix Wiki;
- (c) not upload or add any Content to Rix Wiki which is defamatory, offensive or otherwise objectionable;
- (d) not use Rix Wiki in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- (e) not collect or harvest any information or data from Rix Wiki or our systems.
10. OUR RIGHTS TO MAKE CHANGES
10.1 Minor changes to Rix Wiki. We may change Rix Wiki:
- (a) to reflect changes in relevant laws and regulatory requirements; and
- (b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
10.2 Updates to Rix Wiki. From time to time, we may update Rix Wiki.
10.3 Changes to these terms. We may need to change these terms to reflect changes in law or best practice or to deal with additional features, which we introduce. We will give you at least 30 days’ notice of any change via Rix Wiki. If you do not accept the notified changes, you may terminate your subscription for Rix Wiki and we will refund you the fees you have paid for the unused portion of your subscription.
11. PROVIDING Rix WIKI
11.1 Contract term. You can use Rix Wiki from the date you commence your Rix Wiki contract until the date your subscription expires or this agreement is terminated (whichever is earlier).
11.2 Reasons we may suspend the supply of Rix Wiki. We may have to suspend the supply of Rix Wiki to:
- (a) deal with technical problems or make minor technical changes;
- (b) update the product to reflect changes in relevant laws and regulatory requirements;
- (c) make changes to the product as notified by us to you (see clause 10).
11.3 Your rights if we suspend the supply of Rix Wiki. If we have to suspend Rix Wiki, we will notify you via email or telephone as soon as possible. If we have to suspend Rix Wiki for longer than 7 days in any 6 month period, we will adjust the price so that you do not pay for Rix Wiki while it is suspended.
12. YOUR RIGHTS TO END THE CONTRACT
12.1 You can always end your contract with us. You have the following rights to end your contract with us:
- (a) If Rix Wiki is faulty or mis-described you may have a legal right to end the contract (or to get it repaired or replaced or to get some or all of your money back), see clause 15;
- (b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 12.2;
- (c) In all other cases, see clause 12.4.
12.2 Ending the contract because of something we have done wrong. If you have the legal right to end the contract because of something we have done wrong and you decide to exercise that right, the contract will end immediately and we will refund you the fees you have paid for the unused portion of your subscription and you may also be entitled to compensation.
12.3 Right to change your mind (Consumer Contracts Regulations 2013). For most products bought online, you have the legal right to change your mind within 14 days and receive a refund. However, you confirm that by subscribing to Rix Wiki you give your express consent to the immediate performance of the contract and acknowledge that you will lose your right to cancel the contract from the point at which we first make your Rix Wiki available to you.
12.4 Ending the contract where we are not at fault. Even if we are not at fault (see clause 12.1), you can still end your contract with us. If you want to end the contract, just contact us to let us know. The contract will not end until the next renewal date for your subscription.
13. OUR RIGHTS TO END THE CONTRACT
13.1 We may give you notice to end the contract. We can give you notice to end the contract at any time. If we give you notice to end the contract, the contract will not end until the next renewal date for your subscription.
13.2 We may end the contract if you break it. We may end our contract with you at any time by writing to you if:
- (a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; or
- (b) you breach these terms in any other serious way.
14. CONSEQUENCES OF ENDING THE CONTRACT
14.1 If this contract is terminated:
- (a) you must stop using Rix Wiki;
- (b) we will hold your Content for a period of 30 days. After 30 days, we will delete your Content. We will give you at least 14 days’ notice before we delete your Content;
- (c) if during the 30 days period, you decide you would like a copy of your Content, please let us know. We will provide you with a copy for a small fee.
15. IF THERE IS A PROBLEM WITH Rix WIKI
15.1 Summary of your legal rights. We are under a legal duty to supply Rix Wiki in conformity with these terms. Please see the box below for a summary of your key legal rights. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
The My Wiki product is digital content. The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
- if your digital content is faulty, you’re entitled to a repair or a replacement
- if the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back
- if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
16. PRICE AND PAYMENT
16.1 Price and payment for Rix Wiki. The price of Rix Wiki (which includes VAT) will be the price indicated on our website. You must pay us your subscription for Rix Wiki annually in advance.
16.2 We may revise our prices for Rix Wiki from time to time. We will publish our revised prices on our website. The revised prices will apply from the next renewal date for your subscription. If you do not want to accept the revised prices, please let us know and we will give you the option to end your subscription before the new prices apply to you.
17. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
17.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
17.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 15.1; and for defective products under the Consumer Protection Act 1987.
17.3 When we are liable for damage to your property. If Rix Wiki damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation.
17.4 We are not liable for business losses. We only supply Rix Wiki for domestic and private use. If you use Rix Wiki for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17.5 Back-ups of content. We recommend that you back up your Content to protect yourself in case of problems with Rix Wiki.
17.6 Reliance on information. Rix Wiki is provided for your general use. We do not monitor and we are not responsible for any content added to your Rix Wiki by you or any person you share your Rix Wiki with, such as your family members, teachers or healthcare providers.
17.7 We are not responsible for events outside our control. If our provision of Rix Wiki is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund you the fees you have paid for the unused portion of your subscription.
18. HOW WE MAY USE YOUR PERSONAL INFORMATION
18.2 Please be careful when you share your Rix Wiki with other people via the “Invite” feature on Rix Wiki. You are responsible for managing the sharing process and accept responsibility for using this feature responsibly, with careful consideration for the Content you share with others. We cannot accept any liability for your use of the sharing feature within Rix Wiki.
19. OTHER IMPORTANT TERMS
19.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
19.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
19.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
19.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
19.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and the English courts have non-exclusive jurisdiction over these terms.
19.6 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to submit your complaint to the European Commission Online Dispute Resolution platform for resolution.
Knowledge Dock (UEL) Limited (we) is committed to protecting and respecting your privacy.
Scope of Policy
This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purpose of the Data Protection Act 1998, the data controller is Knowledge Dock (UEL) Limited, a company registered in England and Wales under company number 3576958 whose registered office is at 4-6 University Way, London, E16 2RD.
Information we collect from you
We will collect and process the following data about you:
- Information you give us: This is information you give us about you by filling in forms on Rix Wiki or the Site, by creating your Rix Wiki or by corresponding with us. It includes information you provide when you register to use your Rix Wiki, when you share data via Rix Wiki’s share functionality and when you report a problem with Rix Wiki or our Site.
- Information we collect about you and your device: Each time you use Rix Wiki or visit our Site, we will automatically collect technical information about your device, information stored on your device, details of your use of Rix Wiki and your visits to our Site.
- Information provided by individuals who have access to your Rix Wiki: If you share your Rix Wiki with third parties such as your parents, teachers or health professionals, they will be able to add information and view the data that you have shared.
Uses made of the information
We use your information for the purposes of delivering and improving Rix Wiki and our Site. We do not use your information for any other purposes.
Disclosure of your information
As part of the functionality of Rix Wiki, you can make your Rix Wiki available to third parties such as your parents, teachers and health professionals.
We will disclose your personal information to third parties:
- If we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request.
- In order to:
- protect the rights, property or safety of Knowledge Dock (UEL) Limited our customers, or others.
Where we store your personal data
All information you provide to us is hosted and managed on servers operated by our trusted outsourced supplier. Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password that enables you to access your Rix Wiki, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
The transmission of information via the internet is never guaranteed to be completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Sites; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access. For example, we always use encryption when transferring data.
One of the key functions of Rix Wiki is the ability to share information with third parties such as your parents, teachers and health professionals. Please ensure when using Rix Wiki that you do not submit or share any personal data that you do not want to be seen, collected or used by others.
Access to Information
The Data Protection Act 1998 gives you the right to access information held about you. Your right of access can be exercised in accordance with that Act. Any access request will be subject to a fee of £10.00 to meet our costs in providing you with details of the information we hold about you.