Activbase terms and conditions

'Activbase' is an online platform used for administrating, distributing and managing information, resources, learning and assessment materials to registered personnel of a subscribing organisation / administrator. Activbase is produced and owned by REALSENSE Solutions Ltd ('REALSENSE').

In these terms, reference to 'Activbase' means the platform software, technology, databases and associated products and Materials of REALSENSE Solutions Limited ('REALSENSE') as well as the Materials of its subsidiaries and or associated companies that reside on the platform. Reference to 'Activbase' means all versions and instances of Activbase owned by REALSENSE including but not limited to: www.activbase.net, www.realsense.co.uk and www.real-sense.com.

Reference to the 'Materials' include without limitation references to all text, all media including images, graphics, animations and other multimedia (including audio and video) material used on Activbase. By accessing an Activbase site such as this, and continuing your use beyond this point, you agree to be bound by the terms set out below.

Data Protection and Privacy

• You agree to Activbase collecting, storing and processing certain personal data about you or in the case of a company about its servants or agents (the 'Data').
• The Data will be used for the purposes set out below. Other than as set out below, the Data will not be used other than in the normal course of the business of REALSENSE.
• REALSENSE will take all reasonable steps to ensure the Data is accurate and up to date.
• Other than to the extent that we are required by law to retain your Data you can request that your Data be removed from REALSENSE's records and that the Data should not be used for the purposes set out below.
• REALSENSE may disclose information about you to its financiers, credit reference and debt recovery agencies, and third party service providers.
• REALSENSE may use the Data to keep you informed of services that may be of interest. We will not pass your Data to third parties for their own marketing purposes.
• REALSENSE may disclose your Data to a person to whom it proposes to transfer its rights and/or responsibilities under any contract with you to which these conditions apply or to whom REALSENSE transfers its business or a relevant part of its business. Such a person shall be entitled to process your Data in the same manner set out in these conditions.
• If you have submitted Data via Activbase, REALSENSE may send 'cookies' from its online platform to your computer. If used, 'cookies' are small pieces of information that are transferred to your computer's hard drive for record-keeping purposes. Cookies enable us to make our solutions more effective and user friendly. If you wish you can change your computer's browser to refuse cookies. REALSENSE does not obtain Data from your computer or gather personal information about you unless you or your company has submitted information to our platform server.

Intellectual Property Rights

Activbase and all Materials are the property of REALSENSE and may not be copied, distributed, downloaded, uploaded, forwarded, published, reverse engineered, disassembled or used in any manner prejudicial to REALSENSE's interests and legal rights. The downloading of single copies for the purpose for which the material is provided is permitted, provided this is for your own personal and non-commercial use. Any other use will infringe the intellectual property rights of REALSENSE for which REALSENSE reserves the rights to bring legal proceedings. Activbase features both registered and unregistered trademarks relating to REALSENSE and third parties. It is not intended that anything within Activbase should be construed as granting any licence or right to use any registered or unregistered trademark or any other intellectual property rights belonging to REALSENSE and or third parties other than for specifically identified purposes.

Limitation of Liability

REALSENSE will not be liable for any incorrect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused which arise out of or in connection with your use or inability to use Activbase or any of the Materials.

Disclaimer

Except as specifically provided for by law REALSENSE does not give any warranties, whether express or implied as to the fitness or quality of Activbase and Materials. Whilst REALSENSE takes all reasonable steps to ensure its solutions are tested for defects and software and materials are checked with up to date anti-virus software, REALSENSE cannot guarantee that access to the Materials will continue uninterrupted or that the Materials are free from errors or defects.

The ability to access any hypertext link, product, process or third party service from Activbase and/or the Materials does not imply REALSENSE's support for, or endorsement of any such site, product, process or service. Any such link is provided for information purposes and REALSENSE does not sponsor or promote any such site and should in no way be perceived as being in any way connected to the sites. REALSENSE does not accept any liability for direct or consequential loss arising from your use of such third party sites.

Linking

REALSENSE prohibits all persons from providing hypertext or other links to Activbase (other than to the site homepage) from another website without the prior written consent of REALSENSE.

Third Parties

The parties to this agreement do not intend that any term of this contract will be enforceable by virtue of the Contract (Rights of Third Parties) Act 1999 by any person that is not a person to it.

Enforcement

Failure or delay by REALSENSE in enforcing or partially enforcing any provision of these Terms will not be construed as a waiver of its rights.

Governing Law

The formation, existence, construction, performance, validity and all aspects of this agreement shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.