Terms of Service

Local Better Regulation Office

Terms of Use for RDNA Tool

This website, http://rdna-tool.lbro.org.uk/, ("the Website") and the web-based RDNA software application and its content available at the Website ("RDNA Tool") are owned (or licensed to) and operated by The Local Better Regulation Office ("LBRO"), a non-departmental public body whose address is at Axis House, 10 Holliday Street, Birmingham, B1 1TG. You can contact LBRO on enquiries@lbro.org.uk

In consideration of making the Website and the RDNA Tool available to You free of charge, You agree that by accessing and using our Site and Tool You will be bound by these terms of use (the "Terms") that appear below.

1. Intended Use of RDNA Tool

1.1 The RDNA Tool has been designed for use by, and is intended by the LBRO to be used by, those involved in delivering environmental health, trading standards and licensing services within local authorities, but is available for use by anyone.

1.2 The RDNA Tool was designed to enable self-assessment against a common competency framework for regulators in the public sector. Use of the RDNA Tool including the reports it generates does not guarantee that Your performance will improve or competency will increase. The RDNA Tool is designed to assist in the development of skills and knowledge that improve performance and competency expected of a regulator in the public sector.

2. Registration

2.1 To access the RDNA Tool You must self-register on the Website to obtain log-in details.

2.2 You are responsible for maintaining the confidentiality of Your log-in details and will be fully responsible for all activities that occur under Your log-in details.

3. Conditions of Use

3.1 You must not:

3.1.1 use the Website or RDNA Tool in any way that is illegal or defamatory;

3.1.2 do anything that harms the Website, the RDNA Tool or the servers that host the Website or RDNA Tool or any data held on them;

3.1.3 use the Website or RDNA Tool to misuse or cause harm to any computer system;

3.1.4 use the Website, RDNA Tool or any Content in any way that infringes the Intellectual Property Rights of LBRO, its licensors or any third party.

3.2 You must comply with all relevant laws and regulations relating to Your use of the Website and RDNA Tool.

3.3 Although the RDNA Tool is designed to store data entered by users, it is Your responsibility to make and store copies of any Content or reports You wish to retain for future reference.

3.4 It is Your responsibility to ensure that You have the necessary compatible hardware and software and any other necessary facilities to access and use the Website and RDNA Tool.

3.5 You are responsible for having all necessary permissions in respect of any information or materials you submit on the Website or RDNA Tool.

4. Helpdesk

LBRO will provide a helpdesk for notifying queries and issues relating to the Website or RDNA Tool. The contact details and operating hours for the helpdesk are as set out on the Website.

5. Ownership

5.1 The Website and RDNA Tool, their features and functionality, and all material and information contained on the Website and RDNA Tool prior to input by You of Your information (the "Content") are protected by copyright, database rights, trade marks, domain names and other intellectual property rights ("Intellectual Property Rights") and either belong to LBRO or are licensed to LBRO. You may only use them as expressly permitted by these Terms.

5.2 You may print or download Content provided that:

5.2.1 no Content is modified in any way;

5.2.2 no graphics are used separately from accompanying text;

5.2.3 LBRO's or its relevant licensor's copyright and trade mark notices appear in all copies and you acknowledge them as the source of the Content; and

5.2.4 any person to whom You provide the Content is made aware of these restrictions.

5.3 To the extent that Intellectual Property Rights in reports generated by the RDNA Tool are created as a result of information which You have inputted into the RDNA Tool and are not Content, such Intellectual Property Rights in those reports will belong to You from the time of creation.

6. Privacy and Cookies

6.1.1 You can find out more about how LBRO deals with Your personal data and what cookies are used on the Website in our Privacy Notice. Privacy policy

7. Warranties and disclaimers

7.1 LBRO provides the Website, RDNA Tool and reports that the RDNA Tool generates without charge on an "as is" basis. You acknowledge that the RDNA Tool is a tool that has not been designed or tailored for Your specific use. LBRO does not warrant, represent or claim that Your use of the RDNA Tool or its outputs will have any effect on Your performance or development. As such, it is Your responsibility to be satisfied that the Website and RDNA Tool are suitable for Your use.

7.2 While LBRO tries to ensure that the Website and RDNA Tool are functioning correctly this may not always be achievable. LBRO will work with its third party service provider(s) to seek to resolve problems and to minimise any periods that the Website and RDNA Tool are unavailable, for example due to pre-planned or emergency maintenance or a suspected breach of security. However, LBRO does not guarantee that the Website, RDNA Tool and Content will be error free or that any errors in the Website and RDNA Tool or Content will be corrected.

7.3 Due to the nature of the internet LBRO cannot guarantee that access to the Website and RDNA Tool will always be available or uninterrupted.

7.4 LBRO will use reasonable endeavours to ensure that Content provided by or on behalf of LBRO is accurate and, so far as reasonably practicable, up-to-date. However, LBRO does not warrant or represent that such Content is accurate, up-to-date or complete.

7.5 LBRO reserves the right at any time, without notice, to modify, remove or suspend the Website, RDNA Tool or any Content, including without limitation to comply with changes in the law or to add new features. In the case of modifications, LBRO will try as far as reasonably possible to ensure that any modifications do not reduce their overall quality.

7.6 LBRO works with its third party service provider(s) to seek to ensure the security of the Website, RDNA Tool and Content. However, LBRO cannot guarantee the security of information You submit during its transmission across the internet where this is outside of LBRO's control.

7.7 Except as expressly set out in these Terms, LBRO excludes to the fullest extent permissible in law, all conditions, warranties and stipulations, express or implied, statutory, customary or otherwise which, but for such exclusion would or might subsist in Your favour.

8. Liability of LBRO

8.1 Except as provided in clause 8.2, LBRO will be under no liability to You whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) and howsoever arising out of or in connection with the Website, RDNA Tool and/or Content, including but not limited to Your use of them or their availability or non-availability, for any losses including the following:

8.1.1 pure economic loss, loss of profits, loss of business, loss of revenue, loss of contract, loss or depletion of goodwill and/or business opportunity, loss of anticipated earnings or savings or like loss;

8.1.2 wasted management, operational or other time;

8.1.3 loss or damage arising out of any failure by You to keep full and up to date copies of any information;

8.1.4 any losses whatsoever resulting from circumstances beyond the reasonable control of LBRO; or

8.1.5 any indirect, special or consequential losses.

8.2 LBRO does not exclude or limit its liability (if any) to You for personal injury or death resulting from LBRO's negligence, for fraud, for fraudulent misrepresentation or for any matter for which it would be illegal for LBRO to exclude or limit, or to attempt to exclude or limit, its liability.

9. Termination

9.1 LBRO may immediately and without notice suspend or terminate Your access to the RDNA Tool at any time.

9.2 In the event that these Terms are terminated, for whatever reason, the rights granted to You shall immediately cease and You agree to and shall immediately cease using the RDNA Tool.

10. Linking

10.1 LBRO may link from the Website to other websites which are not within LBRO's control. LBRO is not responsible for these websites in any way and does not make any warranties or representations about them. LBRO excludes all liability for any third party material made available on the Website or contained on any third party website that it links to. It is Your responsibility to check the terms and conditions and privacy policy on any other website which You visit.

10.2 You must not create hypertext links to the Website or the RDNA Tool from another website without the consent of LBRO in writing.

11. General

11.1 LBRO may revise and amend these Terms at any time in its sole discretion by updating the Terms and making them available for You to view on the Website. You will be bound by any changes to these Terms from the time you next access the Website. If you do not agree with any changes to these Terms please do not continue to access the Website.

11.2 These Terms are a contract between You and LBRO. It forms the entire agreement between us in relation to its subject matter and supersedes any prior written or oral agreements, representations or understandings between You and LBRO in relation to such subject matter, except that nothing in these Terms will exclude or limit any liability which one party would otherwise have to the other party in respect of any statements made fraudulently.

11.3 Your rights under these Terms are not transferable to anyone else unless LBRO gives You prior written permission.

11.4 If any provision of these Terms is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of these Terms, which shall remain in full force and effect.

11.5 Failure by either of us to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.

11.6 These Terms and all non-contractual matters arising in connection with it shall be governed by and construed in accordance with the laws of England and any disputes shall be subject to the exclusive jurisdiction of the English courts irrespective of the location from which you are accessing the Website.