Online and Addtional Member Support:
Membership fees start from as little as £900 per annum, per organisation.
Used well, our membership service has no real cost and can save money for our clients – how?
Can local authorities require bins to be brought in off highway by section 46 EPA?
Answer:
YES. It is interesting that recent indications from the government suggest the government is considering legislation to prevent the issue of penalties for failing to bring bins back in - this does of course suggest that the government accepts that such powers do currently exist. The situation remains the same notwithstanding the waste review, as the government acknowledges that removal of criminal penalty powers will require amendment of primary legislation.
Membership fees start from as little as £900 per annum, per organisation.
Used well, our membership service has no real cost and can save money for our clients – how?
Answer:
YES. It is interesting that recent indications from the government suggest the government is considering legislation to prevent the issue of penalties for failing to bring bins back in - this does of course suggest that the government accepts that such powers do currently exist. The situation remains the same notwithstanding the waste review, as the government acknowledges that removal of criminal penalty powers will require amendment of primary legislation.
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Continues...... Regardless of the fact that several authorities have already obtained convictions in relation to non-compliance with such requirements, the answer is contained in section 46 itself: Section 46 provides that no requirement may be made to place a receptacle on highway unless consent has been obtained from the highway authority and there are sufficient insurance arrangements in place. No highway authority may give open ended consent to widespread obstruction of highway. Placement for collections necessarily involves recovery of any such receptacle as an essential part of that same process. To place a receptacle on highway and to leave it there is not a placement for collection, but an occupation of highway as a waste storage facility. Of course, in London, this is strengthened further by an amendment to section 46 that specifically states that requirements may be made to prevent detriment to amenity generally. I would add that the leaving of waste receptacles on highway is not only unsightly and obstructive but in many areas is known to be a significant contributor to other anti-social behaviour, such as arson and burglaries. |
Terms and Conditions
Mallard Consultancy membership entitles you to:
MALLARD SUPPORT SERVICE MEMBERSHIP TERMS AND CONDITIONS
In consideration for your membership of the Mallard Support Service, you hereby agree and accept the terms and conditions of your membership as set out below:
These terms and conditions, together with the Privacy Policy will govern your membership of the Mallard Support Service (MSS). In these terms and conditions the following words shall bear the following meaning:
Mallard Consultancy means Mallard Consultancy Limited of 33 Westwood Road, Bawtry, DN10 6XB; registered office 47 Wong Lane, Tickhill, DN11 9LD.
Member means any organisation accepted by Mallard Consultancy as a Member of the MSS and the term Member shall also include any direct employee of any such Member organisation.
Membership Year the Membership Year will run for 12 months from the date a Member is accepted to the MSS by Mallard Consultancy.
Event or events means any activities or events organised by Mallard Consultancy Limited for its MSS Members.
Website means the Mallard Consultancy website www.mallard-consultancy.co.uk .
Membership Privileges
MSS membership entitles you to:
Membership Details
In the case of application for membership made via the Website application form, by submitting the application form online the applicant organisation is deemed to have signed the application form.
In all cases an applicant submitting a registration form thereby warrants that the applicant has authority to submit the application on behalf of the proposed Member organisation and has full authority to accept the terms and conditions of membership.
On completion of a registration form, each new Member will receive an e–welcome pack which will contain a membership code for access.
On acceptance of the membership application by Mallard Consultancy, Members shall be bound during the continuance of membership by these Terms and Conditions including any amendments made in accordance with the procedure set out below.
Mallard Consultancy reserves the right at all times and in its absolute discretion to determine the number of Members and may accept or reject applications for membership as it feels fit.
The annual membership fee for single corporate Members is £900 plus VAT.
All membership fees are payable upon invoice according to mallard Consultancy’s standard terms of invoice. Invoices shall be issued by Mallard Consultancy at point of application for membership or up to 30 days prior to renewal.
Terms of Membership
Members may submit individual employee details such as name, position and e-mail address to nominate a primary contact or contact for receipt of advice or e-bulletins.
Members may not pass on, divulge or otherwise allow use of membership access details to any person, business, body corporate or other organisation beyond the direct employees of the Member organisation concerned without prior written consent from Mallard Consultancy.
Mallard Consultancy reserves the right to refuse access in the event of misuse of the website or other membership facilities or privileges. Mallard Consultancy shall not be liable for any loss or damages whatsoever arising from Member inability to access any pages on the site.
If a Member is unable to login or forgets a login or password, the Member can contact the Website administrator at enquiries@mallard-consultancy.co.uk.
Information held is subject to the Mallard Consultancy Privacy Policy.
Members are responsible for maintaining the confidentiality of their membership number, login details and passwords, and accept full responsibility for all activities that occur under their membership number, login details and passwords, whether by themselves or anyone else using their login details and passwords. Members must ensure that they have any permissions or consents required to include material or links in the membership website.
Any material uploaded by Members remains the responsibility of the Member concerned. Mallard Consultancy takes no responsibility for any content directly supplied by Members and any such content does not necessarily reflect the views or policies of Mallard Consultancy.
Members agree to comply at all times with the Acceptable Use policy attached as a schedule to these terms and conditions.
Notwithstanding the above, Members also agree in particular not to:
The purpose of the Mallard Support Service is to provide guidance and support only. Legislation in this field is complex and subject to change and concepts of good practice may vary according to the structure of a Member organisation, local circumstance and prevailing wisdom. Whilst Mallard Consultancy shall use its best endeavours on behalf of all Members of the Mallard Support Service and shall attempt to ensure that all advice is accurate and appropriate, Members are advised to seek specific advice on individual circumstances from the Member’s own legal specialist. Mallard Consultancy does not verify, confirm or accept any responsibility for any of the information, advice or material provided and shall not be held liable or responsible for any loss or damage arising from any error or omission made during the course of providing Member advice and services.
Use and reliance on the content of the Mallard Consultancy website and / or MSS is not intended to replace the need to take specific advice when dealing with specific situations and as such neither Mallard Consultancy nor its contributors can accept any responsibility for any action taken or not taken as a result of any of the content of the website or Member support service.
Mallard Consultancy will not be liable in any event for loss of opportunity or loss of profit or for any other indirect, special or consequential loss (whether or not the possibility of such loss was brought to our attention or was foreseeable by us) suffered by any Member arising out of or in connection with use of the Service.
Mallard Consultancy accepts no obligation to monitor any content submitted by Members but reserves the right to remove without notice any material which Mallard Consultancy deems to be offensive or in any way wholly inappropriate to the nature of the website. If you wish to complain about any material on the website, please contact enquiries@mallard-consutlancy.co.uk.
Mallard Consultancy reserves the right to change the content, presentation, performance, user facilities and availability of any part of the Site at our sole discretion and without notice. It is the Member’s responsibility to refer to and update itself in relation to any changes made. Any such changes will become effective upon posting on the website or notification by email whichever shall be the earlier.
Mallard Consultancy reserves the right to close the website or any part thereof from time to time in the event of technical difficulty or for the purposes of improvement or alteration to the site or services available. Mallard Consultancy shall endeavour to ensure that any such closure shall be minimised so far as practicable and Mallard Consultancy shall not be liable for any loss or damage arising from any difficulty accessing the site whether by reason of closure or otherwise.
Mallard Consultancy makes no warranty that the MSS will meet your requirements or that a Member’s use of it will be uninterrupted, timely, secure or error free but Mallard Consultancy will exercise reasonable skill and care in providing the Service. Mallard Consultancy excludes any liability for non-availability of the website. When Mallard Consultancy carries out pre-planned maintenance of the website it will try to give Members advance notice. Members acknowledge and accept that non-availability of the website may restrict access to the MSS from time to time. Members acknowledge that Mallard Consultancy has no control over the Internet, which is a global decentralised network of computer systems.
Mallard Consultancy accepts no responsibility for the content of any website which provides a link to the Mallard Consultancy website and we have no control over, or accept responsibility for, the content, use by you or availability of any website to which the Mallard Consultancy website is linked. If you decide to use any link to a third party site you leave the site at your own risk. It is your sole responsibility to take all protective measures to guard against viruses or other destructive elements which may exist on those third party sites.
Third party advertising
There may be third party advertising posted on the Mallard Consultancy website from time to time that may contain links to third party web sites, frames and portals. You acknowledge and accept that Mallard Consultancy does not exercise any review or editorial control over the content of such third party advertising whatsoever.
Accordingly, all our liability or responsibility for the content of such third party advertising on the Mallard Consultancy website and any damage it may cause is hereby disclaimed and excluded to the maximum extent permitted by law.
Links to third party sites in the third party advertising or otherwise on the Mallard Consultancy website do not imply that:
Asking an online advice question does not create the relationship of solicitor-client between us and you. The content of any online advice question must be true and accurate to the best of the Member’s knowledge and belief, must be genuine and, if asked by an employee, must be asked on behalf of the Member's business not on that individual’s own individual behalf.
Mallard Consultancy will assume questions relate to matters of English law, unless you specifically request advice in relation to other jurisdictions. Mallard Consultancy shall ensure all questions are handled with reasonable care and skill but does not guarantee that it will be possible to provide an answer to all questions.
If Members are dissatisfied with any advice or do not receive an answer to an online question within a reasonable time, the Member should contact us by email at enquiries@mallard-consultancy.co.uk and we will try to help.
Members consent in using the MSS that any information contained in an online question may be reproduced for the benefit of the Members unless the Member requests that such information should be restricted.
Telephone advice
Telephone advice is available at the discretion of Mallard Consultancy as a supplement to the membership service. Asking a telephone advice question does not create the relationship of solicitor-client between us and you. The content of any telephone advice question must be true and accurate to the best of the Member’s knowledge and belief, must be genuine and, if asked by an employee, must be asked on behalf of the Member's business not on that person’s own individual behalf.
Mallard Consultancy will exercise all reasonable skill and care but does not guarantee that Members will receive a response to a telephone advice question and may decline to give advice at our sole discretion.
If a Member is dissatisfied with any telephone advice or does not receive an answer to a telephone advice question within a reasonable time, that Member may contact us by email at enquiries@mallard-consultancy.co.uk.
Members consent in using the MSS that any information contained in an online question may be reproduced for the benefit of the Members unless the Member requests that such information should be restricted.
Telephone advice calls may be recorded and stored in retrievable format on a database for quality control purposes.
Intellectual Property Rights
Mallard Consultancy or our Licensors own the Intellectual Property Rights in the design, text, graphics, selection and arrangement and all software on the website and any information contained in it. You may only use this information and reproduce it in hard copy form for the purposes of accessing and using the service and for reference purposes. The information may not otherwise be reproduced, distributed, transmitted or stored in a retrieval system in any form or by any means including photocopying and recording without our permission. Any copy of any part of the website that you make must retain the copyright notice shown on the original.
You may not reproduce or copy our trademarks without our permission. Other product and company names appearing on the website may be the trademarks or registered trademarks of their respective owners and should not be reproduced or copied without the owner's permission.
General
If the whole or any part of this Agreement shall be determined invalid, unlawful or unenforceable to any extent then such term, condition or provision or part shall be severed from the remaining terms and conditions which shall continue to be valid and enforceable to the fullest extent permitted by law.
You acknowledge that in entering into this Agreement You have not relied on any statement of fact or opinion made by us, our officers, servants or agents which has not been expressly included in this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
We and you hereby submit to the exclusive jurisdiction to the Courts of England and Wales in relation to any claim, dispute or difference which may arise under this Agreement.
Any notice given under or in relation to this Agreement shall be in writing and signed by or on behalf of the party giving it and shall be served by delivering it personally or by sending it by pre-paid first class post, or recorded delivery or registered post in the case of you to us to our registered office and in the case of us to you to the address stated on the registration form.
Terminating Membership
Membership is to be renewed annually. Mallard Consultancy will email each Member once the membership is coming up to renewal. If a Member does not pay the annual membership fee then the membership is not continued and the Member will not have the benefit of membership.
Mallard Consultancy reserves the right to expel Members or to prevent any Member from participating in any event or from renewing membership if the Member puts the MSS into disrepute or if a Member is considered to be misusing the membership facilities or otherwise breaching the terms and conditions of membership.
Variation of Terms & Conditions
These terms and conditions may be revised from time to time. If they are revised, Mallard Consultancy will email the revised version to the primary contact address of the Member. It will be the Member’s responsibility to keep up-to date with all such changes and membership renewal and/ or continued use of the website shall be deemed acceptance of any changes to these terms and conditions.
Data Protection and Intellectual Property
Mallard Consultancy will respect the privacy of the data supplied to us in accordance with our Privacy Policy (which shall form part of these terms and conditions), and all data shall be held in accordance with the Data Protection Act 1998 and any other applicable data protection legislation. The Member agrees that it is the Member’s responsibility to keep its data accurate and up to date and to send us new or revised data where appropriate. The Member further agrees that Mallard Consultancy may use Member’s data as set out in our Privacy Policy.
It is the Member’s responsibility to keep all password/membership numbers and log-in details confidential and use the security devices offered. Security of the website depends on Members complying with this obligation and Mallard Consultancy is not responsible for any breach of privacy due to Member failure either to keep its password/membership number secure or to use security devices correctly.
Mallard Consultancy will use your data to administer your membership and any other services provided. When a Member attends an event names may be included on a delegate list. Where a Member obtains information about other Members this may not be used other than in accordance with the Data Protection Act 1998.
Other Members may also use personal data made available by Member upload to the website. All Members agree not make any information public which the Member does not want other Members to see and by publishing warrants that all appropriate consents have been obtained.
If a Member has a concern about how another Member is using personal data, please contact us at enquiries@mallard-consultancy.co.uk.
Members acknowledge that the internet is not a completely secure medium, and Mallard Consultancy therefore cannot be responsible for breaches of security arising out of intentional and/or unauthorised attempts to access the website, for example, by computer hackers. In addition, Mallard Consultancy is not responsible for the use made of any Member’s personal data by other Members who access it through the website.
Members Introduction (free training/trouble-shooting) Offer
If any Member invites any other organisation to become a Member, Mallard Consultancy shall provide a full day of training or trouble-shooting free of charge (other than necessary travel expenses) to be provided at the Member’s premises or other venue provided by the Member.
This offer shall only become operative once any such invitee has been accepted as a Member and has paid the relevant membership fee.
An introducing Member may invite as many new Members as it wishes and receive a full day’s training or trouble-shooting for each new Member joining the network as a result of any such recommendation.
To receive this offer the recommending Member must be identified on the application form of the invitee and, in the event of multiple recommendations, the Member identified on the invitee’s application form shall be the sole Member with entitlement to the benefit of this offer.
To receive any such training or trouble-shooting the recommender must be a current and valid Member at point of delivery. Training or trouble-shooting shall be provided by agreement and the timing of any such delivery shall be subject to availability on the part of Mallard Consultancy and the relevant Member.
The Schedule
Acceptable Use Policy
1. This Acceptable Use Policy ("the Policy") sets out the terms and conditions under which you may use the Mallard Consultancy website (“the Site”).
2. We may revise the Policy at any time.
3. The Site may only be used for lawful purposes.
4. The following activities are not permitted in connection with the Site without our express permission:
4.1 deep linking to an internal or subsidiary page of the Site which is located one or more pages down from the homepage of the Site; and
4.2 framing or incorporating any part of the Site as part of another website.
5. The content of any image uploaded by you to the Site, any online advice question asked by you, or any contribution by you:
5.1 shall not contain any material that may reasonably be considered offensive, obscene, abusive, pornographic, threatening, unlawful, racist, sexist or defamatory;
5.2 shall not infringe the rights of any third party, including but not limited to any copyright, trademark, trade secret or other intellectual property right owned by any third party without proper authorisation;
5.3 shall not be in any other way injurious to us, other users of the Site or third parties.
6. You may not take any actions which may undermine the efficacy or integrity of the ratings or tagging system.
7. The disclosure or sharing of user details is prohibited.
Privacy policy
We respect the privacy of individuals and organisations who use the Mallard Consultancy website (“the Site”), whether just visiting the Site or purchasing services. Just as importantly, we want to ensure that any critical information you provide us with remains secure and cannot be accessed by unauthorised parties.
The following information tells you more about the information we collect from you and how it is used.
Visitors to the Site
As a visitor you can access some parts of the Site without the need to register. However, as part of our standard monitoring procedures and in common with the vast majority of commercial websites, we are able to access some information from some visitors. This is mostly incomplete information and (except in very rare circumstances) would not allow us to identify the visitor. This information is not stored, but total numbers are aggregated in order for us to identify traffic levels and visitors' general preferences towards the Site's features.
Mallard Support Service Members
To fully use our services as a Member, you will need to register using our registration form, where you will be required to provide us with your contact information (including email address) and some other information relating to your organisation. We automatically track certain information about you based upon your behaviour on our Site. We use this information to assist with internal research on our users' demographics, interests and behaviour to better understand and serve our members.
Cookies
In addition to the information which you supply when you register with the Site, information and data may be automatically collected through the use of cookies. Cookies are text files which a website can use to recognise repeat users, and allow us to observe your use of the Site. The cookie itself contains no personally identifiable information but it does pass an ID to our server which allows us to tie the cookie to your personal information. For example, cookies make it possible for us to identify registered users without needing to ask for registration details every time you access the Site, and to save you logging in every time you visit the Site. If you do not want a cookie, you can set your browser to deny it. You can read more about cookies at: http://www.aboutcookies.org/
Confidentiality / Security
We have implemented security policies, rules and technical measures to protect the personal data that we have under our control from:
It is in the nature of our Site that it is highly unlikely that we hold any personal data about any individuals beyond their employer and relevant contact details. However, you can ask us whether we are keeping personal data about you by:
We allow you to challenge the data that we hold about you and, where appropriate, you may have the data:
Mallard Consultancy will use the information you provide in the registration form and the information we collect from your use of the Site for administration purposes and to keep the Site and services up to date with your requirements. We will also use the information to carry out marketing, profiling and customer services. We will disclose your information to our service providers and agents for these purposes.
We will not share your information with third parties but may allow carefully selected business partners to contact you. We or they may contact you by mail, telephone, e-mail, fax or SMS to let you know about any goods, services or promotions which may be of interest to you. By providing us with your details you consent to being contacted by these methods for these purposes. If you do not wish to receive such information from us, please notify us at enquiries@mallard-consultancy.co.uk.
By providing us with your details you consent to our processing your sensitive personal data for the above purposes. You also consent to our transferring your information to countries which do not have the same level of data protection as the UK, if necessary for the above purposes.
Mallard Consultancy membership entitles you to:
- Unlimited web access to dedicated resources
- Holistic legal advice and support
- Rapid response email support
- Offence Guides
- Online toolkits – evidence gathering and legal file preparation
- Procedural guides and tips
- Case references
- Proforma Notices
- E-bulletins on significant changes and developments
- Member facility to upload examples of good practice
- Significant member discounts on dedicated consultancy, trouble-shooting and training courses
MALLARD SUPPORT SERVICE MEMBERSHIP TERMS AND CONDITIONS
In consideration for your membership of the Mallard Support Service, you hereby agree and accept the terms and conditions of your membership as set out below:
These terms and conditions, together with the Privacy Policy will govern your membership of the Mallard Support Service (MSS). In these terms and conditions the following words shall bear the following meaning:
Mallard Consultancy means Mallard Consultancy Limited of 33 Westwood Road, Bawtry, DN10 6XB; registered office 47 Wong Lane, Tickhill, DN11 9LD.
Member means any organisation accepted by Mallard Consultancy as a Member of the MSS and the term Member shall also include any direct employee of any such Member organisation.
Membership Year the Membership Year will run for 12 months from the date a Member is accepted to the MSS by Mallard Consultancy.
Event or events means any activities or events organised by Mallard Consultancy Limited for its MSS Members.
Website means the Mallard Consultancy website www.mallard-consultancy.co.uk .
Membership Privileges
MSS membership entitles you to:
- Unlimited web access to dedicated resources
- Holistic legal advice and support
- Rapid response email support
- Offence Guides
- Online toolkits – evidence gathering and legal file preparation
- Procedural guides and tips
- Case references
- Proforma Notices
- E-bulletins on significant changes and developments
- Member facility to upload examples of good practice
- Significant member discounts on dedicated consultancy, trouble-shooting and training courses
Membership Details
In the case of application for membership made via the Website application form, by submitting the application form online the applicant organisation is deemed to have signed the application form.
In all cases an applicant submitting a registration form thereby warrants that the applicant has authority to submit the application on behalf of the proposed Member organisation and has full authority to accept the terms and conditions of membership.
On completion of a registration form, each new Member will receive an e–welcome pack which will contain a membership code for access.
On acceptance of the membership application by Mallard Consultancy, Members shall be bound during the continuance of membership by these Terms and Conditions including any amendments made in accordance with the procedure set out below.
Mallard Consultancy reserves the right at all times and in its absolute discretion to determine the number of Members and may accept or reject applications for membership as it feels fit.
The annual membership fee for single corporate Members is £900 plus VAT.
All membership fees are payable upon invoice according to mallard Consultancy’s standard terms of invoice. Invoices shall be issued by Mallard Consultancy at point of application for membership or up to 30 days prior to renewal.
Terms of Membership
Members may submit individual employee details such as name, position and e-mail address to nominate a primary contact or contact for receipt of advice or e-bulletins.
Members may not pass on, divulge or otherwise allow use of membership access details to any person, business, body corporate or other organisation beyond the direct employees of the Member organisation concerned without prior written consent from Mallard Consultancy.
Mallard Consultancy reserves the right to refuse access in the event of misuse of the website or other membership facilities or privileges. Mallard Consultancy shall not be liable for any loss or damages whatsoever arising from Member inability to access any pages on the site.
If a Member is unable to login or forgets a login or password, the Member can contact the Website administrator at enquiries@mallard-consultancy.co.uk.
Information held is subject to the Mallard Consultancy Privacy Policy.
Members are responsible for maintaining the confidentiality of their membership number, login details and passwords, and accept full responsibility for all activities that occur under their membership number, login details and passwords, whether by themselves or anyone else using their login details and passwords. Members must ensure that they have any permissions or consents required to include material or links in the membership website.
Any material uploaded by Members remains the responsibility of the Member concerned. Mallard Consultancy takes no responsibility for any content directly supplied by Members and any such content does not necessarily reflect the views or policies of Mallard Consultancy.
Members agree to comply at all times with the Acceptable Use policy attached as a schedule to these terms and conditions.
Notwithstanding the above, Members also agree in particular not to:
- upload any material which infringes third party intellectual property rights;
- upload any content that is unlawful, harmful, threatening, abusive or otherwise objectionable;
The purpose of the Mallard Support Service is to provide guidance and support only. Legislation in this field is complex and subject to change and concepts of good practice may vary according to the structure of a Member organisation, local circumstance and prevailing wisdom. Whilst Mallard Consultancy shall use its best endeavours on behalf of all Members of the Mallard Support Service and shall attempt to ensure that all advice is accurate and appropriate, Members are advised to seek specific advice on individual circumstances from the Member’s own legal specialist. Mallard Consultancy does not verify, confirm or accept any responsibility for any of the information, advice or material provided and shall not be held liable or responsible for any loss or damage arising from any error or omission made during the course of providing Member advice and services.
Use and reliance on the content of the Mallard Consultancy website and / or MSS is not intended to replace the need to take specific advice when dealing with specific situations and as such neither Mallard Consultancy nor its contributors can accept any responsibility for any action taken or not taken as a result of any of the content of the website or Member support service.
Mallard Consultancy will not be liable in any event for loss of opportunity or loss of profit or for any other indirect, special or consequential loss (whether or not the possibility of such loss was brought to our attention or was foreseeable by us) suffered by any Member arising out of or in connection with use of the Service.
Mallard Consultancy accepts no obligation to monitor any content submitted by Members but reserves the right to remove without notice any material which Mallard Consultancy deems to be offensive or in any way wholly inappropriate to the nature of the website. If you wish to complain about any material on the website, please contact enquiries@mallard-consutlancy.co.uk.
Mallard Consultancy reserves the right to change the content, presentation, performance, user facilities and availability of any part of the Site at our sole discretion and without notice. It is the Member’s responsibility to refer to and update itself in relation to any changes made. Any such changes will become effective upon posting on the website or notification by email whichever shall be the earlier.
Mallard Consultancy reserves the right to close the website or any part thereof from time to time in the event of technical difficulty or for the purposes of improvement or alteration to the site or services available. Mallard Consultancy shall endeavour to ensure that any such closure shall be minimised so far as practicable and Mallard Consultancy shall not be liable for any loss or damage arising from any difficulty accessing the site whether by reason of closure or otherwise.
Mallard Consultancy makes no warranty that the MSS will meet your requirements or that a Member’s use of it will be uninterrupted, timely, secure or error free but Mallard Consultancy will exercise reasonable skill and care in providing the Service. Mallard Consultancy excludes any liability for non-availability of the website. When Mallard Consultancy carries out pre-planned maintenance of the website it will try to give Members advance notice. Members acknowledge and accept that non-availability of the website may restrict access to the MSS from time to time. Members acknowledge that Mallard Consultancy has no control over the Internet, which is a global decentralised network of computer systems.
Mallard Consultancy accepts no responsibility for the content of any website which provides a link to the Mallard Consultancy website and we have no control over, or accept responsibility for, the content, use by you or availability of any website to which the Mallard Consultancy website is linked. If you decide to use any link to a third party site you leave the site at your own risk. It is your sole responsibility to take all protective measures to guard against viruses or other destructive elements which may exist on those third party sites.
Third party advertising
There may be third party advertising posted on the Mallard Consultancy website from time to time that may contain links to third party web sites, frames and portals. You acknowledge and accept that Mallard Consultancy does not exercise any review or editorial control over the content of such third party advertising whatsoever.
Accordingly, all our liability or responsibility for the content of such third party advertising on the Mallard Consultancy website and any damage it may cause is hereby disclaimed and excluded to the maximum extent permitted by law.
Links to third party sites in the third party advertising or otherwise on the Mallard Consultancy website do not imply that:
- We endorse the content of such third party sites;
- We are affiliated or associated with the owners of such third party sites;
- We are legally authorised to use any trade mark, trade name, logo or copyright symbol displayed in or accessible through the third party sites; or
- any linked third party site is authorised to use any trademark, trade name, logo or copyright of ours.
Asking an online advice question does not create the relationship of solicitor-client between us and you. The content of any online advice question must be true and accurate to the best of the Member’s knowledge and belief, must be genuine and, if asked by an employee, must be asked on behalf of the Member's business not on that individual’s own individual behalf.
Mallard Consultancy will assume questions relate to matters of English law, unless you specifically request advice in relation to other jurisdictions. Mallard Consultancy shall ensure all questions are handled with reasonable care and skill but does not guarantee that it will be possible to provide an answer to all questions.
If Members are dissatisfied with any advice or do not receive an answer to an online question within a reasonable time, the Member should contact us by email at enquiries@mallard-consultancy.co.uk and we will try to help.
Members consent in using the MSS that any information contained in an online question may be reproduced for the benefit of the Members unless the Member requests that such information should be restricted.
Telephone advice
Telephone advice is available at the discretion of Mallard Consultancy as a supplement to the membership service. Asking a telephone advice question does not create the relationship of solicitor-client between us and you. The content of any telephone advice question must be true and accurate to the best of the Member’s knowledge and belief, must be genuine and, if asked by an employee, must be asked on behalf of the Member's business not on that person’s own individual behalf.
Mallard Consultancy will exercise all reasonable skill and care but does not guarantee that Members will receive a response to a telephone advice question and may decline to give advice at our sole discretion.
If a Member is dissatisfied with any telephone advice or does not receive an answer to a telephone advice question within a reasonable time, that Member may contact us by email at enquiries@mallard-consultancy.co.uk.
Members consent in using the MSS that any information contained in an online question may be reproduced for the benefit of the Members unless the Member requests that such information should be restricted.
Telephone advice calls may be recorded and stored in retrievable format on a database for quality control purposes.
Intellectual Property Rights
Mallard Consultancy or our Licensors own the Intellectual Property Rights in the design, text, graphics, selection and arrangement and all software on the website and any information contained in it. You may only use this information and reproduce it in hard copy form for the purposes of accessing and using the service and for reference purposes. The information may not otherwise be reproduced, distributed, transmitted or stored in a retrieval system in any form or by any means including photocopying and recording without our permission. Any copy of any part of the website that you make must retain the copyright notice shown on the original.
You may not reproduce or copy our trademarks without our permission. Other product and company names appearing on the website may be the trademarks or registered trademarks of their respective owners and should not be reproduced or copied without the owner's permission.
General
If the whole or any part of this Agreement shall be determined invalid, unlawful or unenforceable to any extent then such term, condition or provision or part shall be severed from the remaining terms and conditions which shall continue to be valid and enforceable to the fullest extent permitted by law.
You acknowledge that in entering into this Agreement You have not relied on any statement of fact or opinion made by us, our officers, servants or agents which has not been expressly included in this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
We and you hereby submit to the exclusive jurisdiction to the Courts of England and Wales in relation to any claim, dispute or difference which may arise under this Agreement.
Any notice given under or in relation to this Agreement shall be in writing and signed by or on behalf of the party giving it and shall be served by delivering it personally or by sending it by pre-paid first class post, or recorded delivery or registered post in the case of you to us to our registered office and in the case of us to you to the address stated on the registration form.
Terminating Membership
Membership is to be renewed annually. Mallard Consultancy will email each Member once the membership is coming up to renewal. If a Member does not pay the annual membership fee then the membership is not continued and the Member will not have the benefit of membership.
Mallard Consultancy reserves the right to expel Members or to prevent any Member from participating in any event or from renewing membership if the Member puts the MSS into disrepute or if a Member is considered to be misusing the membership facilities or otherwise breaching the terms and conditions of membership.
Variation of Terms & Conditions
These terms and conditions may be revised from time to time. If they are revised, Mallard Consultancy will email the revised version to the primary contact address of the Member. It will be the Member’s responsibility to keep up-to date with all such changes and membership renewal and/ or continued use of the website shall be deemed acceptance of any changes to these terms and conditions.
Data Protection and Intellectual Property
Mallard Consultancy will respect the privacy of the data supplied to us in accordance with our Privacy Policy (which shall form part of these terms and conditions), and all data shall be held in accordance with the Data Protection Act 1998 and any other applicable data protection legislation. The Member agrees that it is the Member’s responsibility to keep its data accurate and up to date and to send us new or revised data where appropriate. The Member further agrees that Mallard Consultancy may use Member’s data as set out in our Privacy Policy.
It is the Member’s responsibility to keep all password/membership numbers and log-in details confidential and use the security devices offered. Security of the website depends on Members complying with this obligation and Mallard Consultancy is not responsible for any breach of privacy due to Member failure either to keep its password/membership number secure or to use security devices correctly.
Mallard Consultancy will use your data to administer your membership and any other services provided. When a Member attends an event names may be included on a delegate list. Where a Member obtains information about other Members this may not be used other than in accordance with the Data Protection Act 1998.
Other Members may also use personal data made available by Member upload to the website. All Members agree not make any information public which the Member does not want other Members to see and by publishing warrants that all appropriate consents have been obtained.
If a Member has a concern about how another Member is using personal data, please contact us at enquiries@mallard-consultancy.co.uk.
Members acknowledge that the internet is not a completely secure medium, and Mallard Consultancy therefore cannot be responsible for breaches of security arising out of intentional and/or unauthorised attempts to access the website, for example, by computer hackers. In addition, Mallard Consultancy is not responsible for the use made of any Member’s personal data by other Members who access it through the website.
Members Introduction (free training/trouble-shooting) Offer
If any Member invites any other organisation to become a Member, Mallard Consultancy shall provide a full day of training or trouble-shooting free of charge (other than necessary travel expenses) to be provided at the Member’s premises or other venue provided by the Member.
This offer shall only become operative once any such invitee has been accepted as a Member and has paid the relevant membership fee.
An introducing Member may invite as many new Members as it wishes and receive a full day’s training or trouble-shooting for each new Member joining the network as a result of any such recommendation.
To receive this offer the recommending Member must be identified on the application form of the invitee and, in the event of multiple recommendations, the Member identified on the invitee’s application form shall be the sole Member with entitlement to the benefit of this offer.
To receive any such training or trouble-shooting the recommender must be a current and valid Member at point of delivery. Training or trouble-shooting shall be provided by agreement and the timing of any such delivery shall be subject to availability on the part of Mallard Consultancy and the relevant Member.
The Schedule
Acceptable Use Policy
1. This Acceptable Use Policy ("the Policy") sets out the terms and conditions under which you may use the Mallard Consultancy website (“the Site”).
2. We may revise the Policy at any time.
3. The Site may only be used for lawful purposes.
4. The following activities are not permitted in connection with the Site without our express permission:
4.1 deep linking to an internal or subsidiary page of the Site which is located one or more pages down from the homepage of the Site; and
4.2 framing or incorporating any part of the Site as part of another website.
5. The content of any image uploaded by you to the Site, any online advice question asked by you, or any contribution by you:
5.1 shall not contain any material that may reasonably be considered offensive, obscene, abusive, pornographic, threatening, unlawful, racist, sexist or defamatory;
5.2 shall not infringe the rights of any third party, including but not limited to any copyright, trademark, trade secret or other intellectual property right owned by any third party without proper authorisation;
5.3 shall not be in any other way injurious to us, other users of the Site or third parties.
6. You may not take any actions which may undermine the efficacy or integrity of the ratings or tagging system.
7. The disclosure or sharing of user details is prohibited.
Privacy policy
We respect the privacy of individuals and organisations who use the Mallard Consultancy website (“the Site”), whether just visiting the Site or purchasing services. Just as importantly, we want to ensure that any critical information you provide us with remains secure and cannot be accessed by unauthorised parties.
The following information tells you more about the information we collect from you and how it is used.
Visitors to the Site
As a visitor you can access some parts of the Site without the need to register. However, as part of our standard monitoring procedures and in common with the vast majority of commercial websites, we are able to access some information from some visitors. This is mostly incomplete information and (except in very rare circumstances) would not allow us to identify the visitor. This information is not stored, but total numbers are aggregated in order for us to identify traffic levels and visitors' general preferences towards the Site's features.
Mallard Support Service Members
To fully use our services as a Member, you will need to register using our registration form, where you will be required to provide us with your contact information (including email address) and some other information relating to your organisation. We automatically track certain information about you based upon your behaviour on our Site. We use this information to assist with internal research on our users' demographics, interests and behaviour to better understand and serve our members.
Cookies
In addition to the information which you supply when you register with the Site, information and data may be automatically collected through the use of cookies. Cookies are text files which a website can use to recognise repeat users, and allow us to observe your use of the Site. The cookie itself contains no personally identifiable information but it does pass an ID to our server which allows us to tie the cookie to your personal information. For example, cookies make it possible for us to identify registered users without needing to ask for registration details every time you access the Site, and to save you logging in every time you visit the Site. If you do not want a cookie, you can set your browser to deny it. You can read more about cookies at: http://www.aboutcookies.org/
Confidentiality / Security
We have implemented security policies, rules and technical measures to protect the personal data that we have under our control from:
- unauthorised access
- improper use or disclosure
- unauthorised modification
- unlawful destruction or accidental loss
It is in the nature of our Site that it is highly unlikely that we hold any personal data about any individuals beyond their employer and relevant contact details. However, you can ask us whether we are keeping personal data about you by:
- sending an email to enquiries@mallard-consultancy.co.uk
- sending postal mail to Mallard Consultancy Ltd, 33 Westwood Road, Bawtry, DN10 6XB.
We allow you to challenge the data that we hold about you and, where appropriate, you may have the data:
- erased
- rectified or amended
- completed
Mallard Consultancy will use the information you provide in the registration form and the information we collect from your use of the Site for administration purposes and to keep the Site and services up to date with your requirements. We will also use the information to carry out marketing, profiling and customer services. We will disclose your information to our service providers and agents for these purposes.
We will not share your information with third parties but may allow carefully selected business partners to contact you. We or they may contact you by mail, telephone, e-mail, fax or SMS to let you know about any goods, services or promotions which may be of interest to you. By providing us with your details you consent to being contacted by these methods for these purposes. If you do not wish to receive such information from us, please notify us at enquiries@mallard-consultancy.co.uk.
By providing us with your details you consent to our processing your sensitive personal data for the above purposes. You also consent to our transferring your information to countries which do not have the same level of data protection as the UK, if necessary for the above purposes.