Commenting on articles on our site
You can comment on news items and articles in the Get Involved section of our site using our message boards; however, you must carefully read and then agree to the terms and conditions set out below before accessing the message boards and posting a comment. If you do not wish to be bound by these terms and conditions, you may not access or use the message boards.
Our message boards are owned and made available by Wandsworth Borough Council of The Town Hall, Wandsworth High Street, Wandsworth, London, SW18 2PU (referred to in these Terms and Conditions as "WBC", "we" and "us").
The Terms and Conditions form part of an agreement between you, the end-user, and ourselves and sets out the conditions under which you may access this message board and post comments. By accessing, viewing or posting on the message board you have indicated to us that you both understand and agree to be bound by these Terms and Conditions.
1. Terms and Conditions
1.1 These terms and conditions ("the Terms") govern your use of this message board.
1.2 Your use of the website is also subject to our privacy statement and disclaimer.
1.3 If you do not agree with the Terms, privacy statement and disclaimer do not use this website. If you do use the website, your conduct indicates that you agree to be bound by the Terms.
1.4 We reserve the right to amend these terms from time to time. Any such amendment will be applicable to all persons accessing the web site once the revised Terms have been posted on the website. You should therefore check the website from time to time to review the current Terms.
2. WBC's Role
2.1 The message board is an electronic forum for users to post their comments in relation to particular items of news on the WBC website ("the Purpose"). The message board is intended for use solely in relation to the Purpose and you hereby undertake to only use the message board for the Purpose.
2.2 You acknowledge that we are not responsible for the content that you or other users submit to the message board ("a Post").
2.3 You acknowledge that we are not responsible for, and do not endorse, the content of any external websites which may be accessible via the message board.
3. Non Moderation
3.1 The message board is not moderated and we do not pre-screen or monitor the content of Posts to the message board. Therefore, we are not to be responsible as author, editor or publisher of any Post and we expressly exclude our liability to the maximum extent permitted by law for any alleged loss or damage arising from your use of the message board.
3.2 We reserve the right to remove and/or disable access to any material that we consider to be potentially unlawful, defamatory, in violation of any third party rights or otherwise in breach of these Terms.
4. Data Protection and Privacy
4.1 Details of the way in which we hold and process information from which we can identify you or any third party are set out in our privacy statement.
5. Submission of Posts
5.1 You confirm you are at least 18 years old.
5.2 You will be asked for a username and email address before you are able to submit a Post to the message board.
5.3 You must not impersonate, or attempt to impersonate, another person or use, or attempt to use, another person's user name or email.
5.3 If you are submitting a Post on behalf of a corporation or other entity, you must ensure that you have proper authority to submit the Post.
5.4 To enable as many users as possible to submit Posts to the message board, you must not make multiple Posts.
5.5 You are fully responsible for the accuracy, completeness and/or availability of any information contained in any Post that you submit to the message board.
5.6 Any arrangement or contract made between you and any third party resulting from a Post is made solely at your own risk. Before relying on any Post content, we strongly recommend that you obtain independent verification that relevant information contained therein is up to date, complete and accurate.
5.7 You accept that disclosure of personal, private and confidential material is at your own risk. Any information you choose to disseminate on the message board becomes public knowledge and, subject to these Terms, remains online.
6. Content Standards
6.1 These content standards apply to the whole of the Post.
6.2 The content standards must be complied with in spirit as well as to the letter.
6.3 WBC will determine, in its reasonable discretion, whether a Post breaches the Contract Standards.
6.4 A Post must:
6.4.1 Be accurate (where it states facts)
6.4.2 Be genuinely and reasonably held (where it states an opinion)
6.4.3 Be relevant
6.4.4 Comply with the law applicable in England and Wales and any country from which it must be posted.
6.5 A Post must not:
6.5.1 Be defamatory
6.5.2 Be obscene, offensive, hateful or inflammatory
6.5.3 Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
6.5.4 Disclose names, addresses, telephone, mobile or fax numbers, email addresses or any other personal data belonging to a third party
6.5.5 Infringe any copyright, database right, trade mark right or other intellectual property right
6.5.6 Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence
6.5.7 Be in contempt of court
6.5.8 Be likely to harass, upset, embarrass, alarm or annoy
6.5.9 Give the impression that the Post is coming from WBC
6.5.10 Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act or to otherwise breach these Terms
6.5.11 Contain any advertising or promote any services or web links to other sites.
7. Intellectual Property
7.1 You acknowledge that all copyright, trademarks and other intellectual property rights in and relating to the message board (but excluding any material contributed by you or other users) are owned by WBC. You may not copy, distribute or show in public any material from the message board unless WBC has provided you with express written consent
7.2 By submitting a Post to the message board, you agree to grant WBC a non-exclusive licence to freely use (including, but not limited to editing, deleting, copying and distributing) the content of that Post and you warrant that you have the right to grant WBC such a licence.
8. Limitation of Liability
8.1 Save as to the extent required by law, no representations, warranties or terms of any kind are made by us (or shall be implied by statute or otherwise) in respect of the message board or the content of Posts.
8.2 We do not accept any liability for the accuracy of any information provided or exchanged by users.
8.3 We do not give any warranty or guarantee relating to the availability of the message board or that the message board and/or our operation of it, the content of the server that makes the message board available, are error or virus free or free from other harmful components or that your use of the message board and/ or the content will be uninterrupted.
8.4 You agree that WBC, its directors, employees, agents or other representatives, data providers or affiliates is not liable to you or any third party whether in contract, tort or otherwise (except for death or personal injury caused by our negligence), for any amount or kind of loss or damage (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any anticipated loss of profit, loss of profit, loss of opportunity, loss of data, costs and fines and/or any special or incidental damages of any kind) howsoever caused.
8.5 WBC will not be liable for any failure to perform its obligations under these Terms resulting from matters beyond its reasonable control.
8.6 For clarification purposes, WBC does not exclude liability for death or personal injury caused by our own negligence or for loss caused by our fraudulent misrepresentation.
9. Breach of these Terms
9.1 When we consider that a breach of the Content Standards has occurred, we may at our discretion take such action as we deem reasonably appropriate
9.2 Failure to comply with these Terms may result in our taking all or the following actions:
9.2.1 Immediate, temporary or permanent withdrawal of your right to use the message board
9.2.2 Immediate, temporary or permanent removal of any Post on the message board
9.2.3 Issue a warning to you
9.2.4 Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
9.2.5 Further legal action against you
9.2.6 Disclosure of such information to law enforcement authorities as we reasonably deem is necessary or as required by law
9.2.7 WBC is not liable where a user, whose access to the message board has been terminated, subsequently regains access, through no fault of WBC and/ or breach of these Terms.
10.1 WBC has no control over the responsibility for the truth or accuracy of any material available on the message board provided by users.
10.2 Even though users are prohibited from doing so, information may be provided that is unreliable, misleading, inaccurate or incorrect. We do not represent or warrant that the information contained on the message board is reliable, complete, accurate or current.
10.3 WBC has no contractual liability to you in respect of any information appearing on the message board.
10.4 No content on the message board constitutes advice. WBC gives no endorsement of any information contained on the message board. It is your responsibility to evaluate all opinions, advice and other information provided on the message board and you use the information contained on the message board entirely at your own risk.
11.1 You will indemnify and will keep indemnified WBC on demand all claims, costs, proceedings, demands, losses, damages, expenses (including legal expenses) or liability whatsoever arising directly or indirectly as a result of any breach of these Terms by you and/ or any statement, comment, opinion or information submitted to the message board by you or on your behalf.
12.1 If you wish to complain about any material posted to the message board, please contact us at firstname.lastname@example.org. We will then review the relevant Post(s) and decide whether it complies with our Content Standards. We will deal appropriately with any Post(s) which, in our opinion, violate our Content Standards as described above (see section 'Breach of these Terms'). We will inform you of the outcome of our review within a reasonable time of receiving your complaint.
13.1 If any of these Terms are determined to be illegal, invalid or otherwise unenforceable by any court then, to the extent to which that term is illegal, invalid or unenforceable it shall be severed and deleted from these Terms and the remaining Terms shall remain in full force and effect.
14.1 These Terms shall be governed by the laws of England and Wales and will be subject to the exclusive jurisdiction of the courts of England and Wales.