Terms and Conditions of Use

1.1 Together, the programme, the content of the programme (including but not limited to any designs, text, graphics, source code or software) and all related materials and information you have access to under these terms are referred to as “Proprietary Information”. You agree that:
- The Proprietary Information and all rights in it belong (as between you and EMF) to EMF.
- You will use Proprietary Information only as permitted by these terms.
- You will not use Proprietary Information for any illegal purpose. When you use the Proprietary
Information, you must comply with all applicable UK laws and with any applicable international laws, including the local laws in your country of residence. You will not use the Proprietary Information in a way that will or may infringe the intellectual property rights or other rights of any third party.
- You are licensed to use the Proprietary Information; it is not sold or given to you.
- You will maintain your account and ensure that the information you have provided to EMF regarding it is accurate at all times.

1.2 When you upload or post content of any kind (“Content”) to the programme you acknowledge that EMF may use, analyse, process, collate, examine, reproduce, audit and prepare derivative works of all or any part of that Content in connection with the programme, its modification, adaption and EMF’s charitable objectives.

1.3 EMF has no obligation to store, maintain or copy any Content or information provided by you or by any one else except to the extent required by law and in accordance with the terms of EMF's Privacy Policy.

1.4 EMF reserves the right to remove all or any of your Content, at its sole discretion and without giving you
notice.

We own the content of the programme and you agree that you will only use it as allowed by these terms. You agree that you will keep your information up-to-date at all times.

We might remove material that youhave uploaded.

2.1 EMF grants to you a non-transferable, non-exclusive, royalty free licence to use Proprietary Information solely:
 - in accordance with any documentation or instructions supplied by EMF; and

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 - in the ordinary course of business, for your organisation’s own internal use and not for any commercial purpose, in order to facilitate your organisation’s understanding of the circular economy.

2.2 You will not:
 - attempt to download, copy, reproduce, modify, disassemble, reverse engineer, create derivative works from, frame, republish or distribute all or any part of the Proprietary Information in any form or any media or by any means, save in developing your and your organisation's understanding of, and transitioning your organisation towards, the circular economy. If and to the extent that you do any of these things in accordance with this clause, you must acknowledge EMF and the programme as your source original.
 - licence, sell, rent, lease, sub-let, transfer, assign, distribute, display, disclose or otherwise commercially exploit, or make the Proprietary Information available to any third party.
- use the Proprietary Information to access, store, distribute or knowingly transmit any viruses, or any documents, files of any kind, webpages, images, videos, podcasts, audio files or any othertype of content that:
  - are unlawful, harmful, threatening, obscene, defamatory, infringing, harassing or racially or ethnically offensive;
  - facilitate illegal activity;
  - depict sexually explicit images;
  - promote unlawful violence;
  - are discriminatory based on race, gender, colour, religious belief, sexual orientation, disability;
  - are otherwise illegal or causes damage or injury to any person or property.

2.3 If and to the extent the Proprietary Information includes the logo, trademark or any similar or equivalent branding styles of EMF or any third party, you are not permitted to reproduce or use that without express prior written consent of EMF or the third party, as appropriate.

2.4 You are not permitted to use all or any part of the Proprietary Information for your own marketing or promotional purposes.

2.5 You agree that you will not use or disclose (except as expressly authorised by these terms) Proprietary Information, unless such Proprietary Information becomes part of the public domain, or except as may be expressly authorised in advance in writing by EMF.

You are free to use the material in the programme for internal use within your organisation. You agree not to exploit the information within the programme for commercial advantage in the market.

You agree to respect the programme's software and use it appropriately. Abusing the use of the programme or others materials other than for its intended purpose would be in breach of these terms and we hope that you will respect the programme.

You must not upload inappropriate
material.

You must not use others' branding
without their consent.

All passwords and other pieces of information provided as part of EMF's security procedures must be treated as confidential. You must not disclose them to any third party. EMF has the right to disable any user identification

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code or password, whether chosen by you or allocated by EMF, at any time, if in EMF's reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify EMF.

It is your responsibility to keep your
password secure and confidential to you. You must not tell anyone your
password and we may terminate your
account if you do.

If you think someone else knows your
password please let us know as soon
as possible.

5.1 EMF does not warrant or represent to you that the use of the programme will be uninterrupted or error-free or that the portal through which it is available is virus free. The programme may not be functional on a particular device or machine or in any environment or location. EMF does not undertake to maintain the programme or adapt or improve it in future. While we try to keep the Proprietary Information accurate and up to date, we are not responsible for any inaccuracies. Nothing in the programme or the Proprietary Information constitutes professional advice.

5.2 You accept responsibility for the selection of the programme to achieve its intended results for you, and you acknowledge that the programme has not been developed to meet your individual requirements.

5.3 You acknowledge that the programme and the Proprietary Information is provided "as is".

5.4 We do not assume responsibility for any of the outcomes of you using or applying the programme, or your reliance on it or on any results you derive from your use of it.

5.5 You are responsible for all of your own actions in connection with the programme. EMF does not warrant that the use of the programme by you will be lawful in all territories for all purposes. Your compliance with all applicable laws is your responsibility.

5.6 TO THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, COMPLETENESS, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE WITH APPLICABLE LAWS AND NON-INFRINGEMENT RELATING TO YOUR USE OF THE PROGRAMME OR THE PROPRIETARY INFORMATION, OR USE OF ANY INFORMATION OR DATA YOU INPUT INTO OR OBTAIN FROM THE PROGRAMME. ANY MATERIAL YOU OBTAIN THROUGH THE PROGRAMME IS USED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE YOU SUFFER FROM SUCH USE.

5.7 TO THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAW, WE SHALL NOT IN ANY
CIRCUMSTANCES WHATEVER BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THE PROGRAMME OR THE PROPRIETARY INFORMATION FOR: (A) LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE; (B) BUSINESS INTERRUPTION; (C) LOSS OF ANTICIPATED SAVINGS; (D) LOSS OR CORRUPTION OF DATA OR INFORMATION; (E)
LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR (F) ANY INDIRECT OR CONSEQUENTIAL LOSS
OR DAMAGE.

5.8 If and to the extent that you upload Content to the programme, you confirm that you are entitled to do so and you agree to indemnify EMF against all liabilities, costs, expenses, damages and losses suffered or incurred or arising out of or in connection with any claim made against EMF for actual or alleged infringement of a third party's intellectual property rights arising out of, or in connection with, your uploading or EMF's use of such Content.

Whilst we try our best to keep
everything working, up-to-date and error-free, we can’t promise that we'll always be successful. We can't accept responsibility for any errors, changes, viruses or other problems that occur.

We need to disclaim and limit our legal liability to you in order to protect our organisation.

You are responsible to us if you upload material that you should not, and that causes us a loss.

7.1 These terms constitute the entire agreement between you and EMF relating to the subject matter of the programme, and shall completely replace any prior agreements, oral or written, between you and EMF, save in the case of fraud.

7.2 EMF reserves the right to update these terms from time to time. If it does so, the updated version will be effective immediately and made available through a link in the programme. You are responsible for regularly reviewing these terms so that you are aware of any changes to them and you will be bound by the updated version upon your continued use of the programme. No other variation to these terms shall be effective unless in writing and signed on behalf of EMF.

7.3 EMF reserves the right to make changes to the programme from time to time, and without notice or liability to you.

7.4 EMF’s failure to exercise or enforce any legal right or remedy or term (or which EMF has the benefit of under any applicable law) will not constitute a waiver of such right, remedy, or provision.

7.5 In the event that any of these terms is found by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that the other terms remain in full force and effect.

7.6 You may not assign or transfer any rights or obligations under these terms, and any such attempted assignment or transfer shall be void and without effect. EMF may freely assign or transfer all rights and obligations under these terms, in whole or in part.

7.7 These terms and the relationship between you and EMF shall be governed by, and construed in accordance with, English law and the parties hereto submit to the exclusive jurisdiction of the English courts.

These terms outline the relationship between you and us and as such you cannot transfer this agreement to someone else. We and the programme operate under English law.