Terms of Use for HubCap Digital

Welcome to HubCap Digital ("We", "us", "our"). HubCap Digital helps organisations maximise the
human potential of their employees and minimise the behavioural risk they may pose. You can
access http://www.hubcapdigital.com and http://alpha.hubcapdigital.com ("the Site") through the
internet and WAP services provided by certain mobile phone networks. This page (together with
the documents referred to on it) tells you the terms and conditions of use on which you may make
use of the Site as a registered user. By using our site, you indicate that you accept these Terms of
Use and that you agree to abide by them.  

We may change these Terms of Use from time to time.  We will do our best to make sure you are
told on the Site that changes have been made, but it is your responsibility to check these Terms of
Use regularly and ensure you understand them.

What words mean

Words and expressions starting with capital letters have a particular meaning in these Terms of
Use.  What they mean is defined in the text the first time they are used, but for ease of reference
you will find a glossary at the end of these Terms of Use which sets all the definitions out in one
place.

Information about us

HubCap Digital Limited is a not-for-profit company registered in England under company number
06464765. Our registered office and our main address are 1 Oakhill Close, Shenley Church End,
Milton Keynes, MK5 6JP, England.

Registration

To access the facilities on the Site, you will need to register your details on the Site, which you can
do by clicking on the "Register Here" or "Register" button on the home page.   

All the information you give us to register must be up to date, accurate and complete in all
respects. You will be fully responsible for your account and for any actions that take place on your
account. You will be asked to choose a password as part of our security procedure; you must treat
such information as confidential, and not disclose it to anybody else. We have the right to disable
anyone's username or password at any time if, in our opinion, you have failed to comply with any
of the provisions of these Terms of Use.  (See the section headed "Termination" below.) We will
treat any information we have about you (whether you tell us yourself or whether we gather
information from your use of the Site) in accordance with the terms of our Privacy and Data
Protection Policy.  As with these Terms of Use, you should read our Privacy and Data Protection
Policy carefully and check it regularly for any changes.

You are responsible for making all the necessary arrangements for you to have access to our site.  
You are also responsible for ensuring that all persons who access the Site through your internet
connection are aware of these Terms of Use, and that they comply with them.   

Intellectual property rights

The copyright and other intellectual property rights for all of the materials on the Site (which
includes text, graphics, designs, pictures, video, information, software, applications, music, and
sound files) ("the Site Content") is owned either by us, by the user who posted it or by someone
who has given us or that user permission to use the material.

Unless we tell you otherwise in relation to a particular document on the Site, or a particular section
of the Site, you must respect these intellectual property rights. This means that you must not copy,
reproduce, adapt, reformat, translate, take excerpts from, publish or distribute the material.   

In some cases, we may authorise you to use the Site Content under the terms of one of the
Creative Commons (CC) Licences.  This will only apply where this is clearly shown on the Site.  
Before you use any of this Site Content, you should check the exact terms of the relevant CC
Licence, which you can read at http://creativecommons.org/licenses.  If you use any of the Site
Content in breach of the terms of that CC Licence, that will be a serious breach of these Terms of
Use and we may terminate your right to use the Site immediately.  In addition, you may incur
serious legal penalties under copyright, trademark and other laws relating to intellectual property.

How you use the Site

You agree that when you use the Site you will not:

• harvest or collect email address or other contact information about users in order to send
  unsolicited emails or other material
• use the Site in any way that could damage, disable, overburden the Site or impair the way
  the Site works
• use automated scripts to collect information from the Site
• register as a user more than once
• register under anybody else's name or using anybody else's personal details or using a
  fictitious name or personal details
• intimidate or harass anybody else on the Site
• solicit personal information about any user who is under 18, or about any user with the
  intention of using it for commercial purposes

Putting things on the Site

This section relates to any materials of any description (which includes text, graphics, designs,
pictures, video, information, software, applications, music, and sound files) which you post,
upload, transmit, share or store on the Site, or send to us to be uploaded to the site ("Your
Materials"). This includes posts that you make in the 'Discuss' forums, content that you upload in
the 'Publish' section, and comments that you enter about other people's uploaded or posted
materials.

You warrant that you are the legal owner of the copyright in Your Materials or that you have a legal
right to post Your Materials on the Site and you warrant that they do not infringe the copyright,
database right, design right, trademark or other intellectual property right of any description
belonging to anybody else, anywhere in the world. If Your Materials do infringe anybody else's
rights, you may incur serious penalties yourself, and you will also be liable to pay us back any loss
we suffer as a result of Your Materials appearing on the Site (see the heading "Indemnity", below).

On all sections of the Site, you are responsible for making sure that Your Materials comply with the
following rules:

• they must not be unlawful, defamatory, obscene, fraudulent, abusive or otherwise objectionable
• they must not incite harassment, violence or discrimination on the grounds of race, religion,
  gender, disability, age or other reasons
• they must not infringe anybody else's privacy (which includes showing pictures of or giving
  personal information about anybody else without their permission)
• they must not include advertising or promotional materials, junk mail, spam, chain letters or
  pyramid schemes
• they must not encourage or try to persuade anybody to undertake any criminal or illegal activity
• they must not contain viruses, bots, Trojans, worms or any other computer code or file which
  would interrupt, destroy or limit the functionality of the Site or any other software, hardware
  or communications systems

We are not obliged to monitor any of the Site Content, but may do so if we so choose, and we
reserve the right to remove any Site Content which we believe infringes the above rules, or which,
in our opinion, should not be put on the Site. What can be uploaded as Site Content and whether
any Site Content should be removed is our decision only.

Use of Your Materials

When you upload Your Materials in the 'Publish' section of the Site, or send it to us to be uploaded
there on your behalf, you will be asked whether the document is subject to copyright protection or
whether it is available under a Creative Commons licence. If you choose to make it available under
a Creative Commons licence, remember that it will be available to other users who may be free to
copy it, reproduce it, adapt it or translate it, depending on which Creative Commons licence has
been applied to the document.  Before you upload Your Materials under a Creative Commons
Licence, you should check the exact terms of the CC Licence, which you can read at
http://creativecommons.org/licenses.

We do not claim ownership of any material you submit or make available via the 'Discuss' forums
and you continue to own all rights in such material and have the right to use Your Materials in any
way you choose. However, by submitting to or making available any material in the 'Discuss'
forums you agree to grant us a perpetual, royalty-free, irrevocable, non-exclusive, sub-licensable
right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, make available to the public (on the 'Discuss' forums or elsewhere), and exercise all
copyright and publicity rights with respect to the material worldwide and/or to incorporate your
contribution in other works in any media now known or later developed for the full term of any
rights that may exist in Your Materials as we may require. By submitting or making available any
material to the 'Discuss' forums, you also agree to waive all moral rights in that material. We may
without notice to you, grant the same or other rights in respect of Your Materials to third parties
without payment to you and sell, distribute or otherwise publish Your Materials outside of the
'Discuss' forums. If you do not want to grant us the rights set out above, please do not submit Your
Materials in the 'Discuss' forums.

Making a complaint

If you think that any Site Content infringes your rights or anybody else's rights or the rules for Site
Content set out above, or that it ought not to be available on the Site for any other reason, you can
contact us by emailing us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it identifying the particular content, and
explaining why you object to it. Once you have emailed us informing us why you object to the
particular content we will then review the document and decide whether to:

• delete the document entirely
• amend the document to remove the offending material, or
• approve the document which will mean that the content will remain on the Site

What action we choose to take is entirely our decision. We will tell you by email what action we
have taken as soon as the decision is made. If any of Your Material is amended or deleted as
unsuitable, we will send you an email outlining why the document has been amended or deleted.
If we think the breach of the rules is particularly serious, this may result in us terminating your
registration on the Site.

What we are not responsible for

We have set out rules for the use of the Site and for the content and materials that users may put
on the Site. We will try to ensure (particularly in response to users' complaints) that users comply
with those rules, but we cannot guarantee that everything on the Site will comply with them and
we do not accept any responsibility for any of the Site Content, including materials, software or
applications put on the Site by users.  

We do not vet the materials put on the Site by users and cannot guarantee that any of the Site
Content is accurate, complete, reliable, up-to-date or that any software or applications available
through the Site are error-free. We do not guarantee that using the Site or any of the Site Content
will achieve any specific result and we will not be responsible for any loss or damage you suffer as a
result of relying on advice or information obtained from the Site.

We do not guarantee that the Site will always be available. We may need to interrupt the service of
the Site to carry out updating and other work on it and we cannot accept responsibility if you
cannot access the Site as a result of problems with telecommunication systems, the operation of
the internet, breakdown of computer or other systems or something which an internet service
provider does or doesn't do.

We do our best to ensure that the Site is secure, but cannot guarantee that Your Materials will not
be deleted, corrupted, lost or otherwise damaged either in the process of uploading them to the
Site or while they are stored on the Site.

We make the Site and the Site Content available on an "as-is" basis. We do not promise that it is of
satisfactory quality, fit for any purpose or that it does not infringe anybody else's rights.  We do not
give any warranties about the Site Content or use of the Site and we will not be responsible for
breach of any warranties of any kind implied by law. (You should note that we cannot exclude
liability for some warranties in some countries: we do not intend to take away any rights which you
are guaranteed by law and, if you think we have, you should get legal advice on your rights.)

We cannot guarantee that the Site and the Site Content is free from viruses, bots, Trojans, worms
or other things which may harm your computer system or cause damage to or loss of material
stored on it.  We strongly recommend that you use industry-recognised anti-virus software on
your computer. You agree that it is your responsibility to ensure you have taken proper security
measures, that you download material from the Site at your own discretion and risk, and that we
do not accept responsibility for any loss or damage you suffer as a result of downloading material
from the Site.

You should also understand that, even if material is removed from the Site, it may remain viewable
in cached or archived pages or if other users have viewed, copied or stored Your Material.

Our liabilities

We will not be liable for any indirect, consequential, punitive, exemplary or special loss or damage
you suffer as a direct or indirect result of using the Site or the Site Content or any websites linked
to it.  In particular, we will not be liable for:

• loss of income or revenue
• loss of business
• loss of profits or contracts
• loss of anticipated savings
• loss of data
• loss of goodwill
• wasted management or office time, and

for any other loss or damage of any kind, however arising and whether caused by tort (including
negligence), breach of contract or otherwise, even if foreseeable. Our liability for any loss or
damage you suffer is, in any event, limited to the fee you paid to register, or, if you did not pay a
fee, to GBP50. This does not affect our liability for death or personal injury arising from our
negligence, nor does it affect our liability for fraudulent misrepresentation or misrepresentation as
to a fundamental matter, nor any other liability which cannot be excluded or limited under
applicable law.

Termination

We have the right to terminate your registration and your right to use the Site for any purpose at
any time.  In most such cases, we will email you and explain why your registration has been
terminated, but we are not obliged to do this and may terminate your registration without giving
any reason for doing so.

Governing law and jurisdiction

These Terms of Use will be interpreted and construed under English law. In the event of any
dispute, you agree that the English courts will have non-exclusive jurisdiction over any legal
proceedings between us.

Dispute resolution

If there is any dispute between us about your rights or your use of the Site, we agree that we will
do our best to resolve the dispute without taking legal proceedings using mediation services in a
place and at a time which is reasonably convenient to both of us.

Indemnity

You agree to pay us (and any of our officers, employees, agents, contractors or other users) the
full amount of any claims, demands, losses, liabilities, costs and expenses (including legal and other
professional fees) arising out of Your Materials appearing on the Site or out of your use of the Site
in any way.

Privacy

We process information about you in accordance with our Privacy and Data Protection Policy. By
using the Site, you consent to such processing and you warrant that all data provided by you is
accurate.  

Linking to the Site

You may link to our home page, provided you do so in a way that is fair and legal and does not
damage our reputation or take advantage of it, but you must not establish a link in such a way as to
suggest any form of association, approval or endorsement on our part where none exists. You
must not establish a link from any website that is not owned by you. The Site must not be framed
on any other site, nor may you create a link to any part of the Site other than the home page. We
reserve the right to withdraw linking permission without notice.  

Links from the Site

Where the Site contains links to other sites and resources provided by third parties, these links are
provided for your information only.  We have no control over the contents of those sites or
resources, and accept no responsibility for them or for any loss or damage that may arise from your
use of them.

Glossary of terms

"We", "Us" "Our" etc refers to HubCap Digital Limited
"the Site" means http://www.hubcapdigital.com and http://alpha.hubcapdigital.com
"the Site Content" means all of the materials on the Site including text, graphics, designs, pictures,
video, information, software, applications, music, and sound files
"Your Materials" means any materials of any description (which includes text, graphics, designs,
pictures, video, information, software, applications, music, and sound files) which you post,
upload, transmit, share or store on the Site, or which you send us to post, upload, transmit, share
or store on the Site on your behalf