Social Media Terms and Conditions
Last Updated: 23/10/2013 12:01:50
1.1 Please read these terms carefully before using the Westcon portal (‘Westcon Group SocialonDemand’), a web-based application provided by Westcon (‘We’, ‘Our’ and ‘Us’). These terms apply to all persons using Westcon website (‘You’ and ‘Your’). By clicking on ‘I accept the Terms and Conditions above’, you confirm that you have read and accepted these terms.
1.2 Westcon Group SocialonDemand enables you to publish relevant and targeted social media content to your own social media accounts (be Tweeter, Facebook, LinkedIn or any other social media account available on Westcon Group SocialonDemand). Westcon Group SocialonDemand works by creating a system-to-system link between itself and your social media accounts, so that you do not even have to log into your accounts, hence simplifying the way content is published.
2. Acceptable Use
2.1 Westcon provides Westcon Group SocialonDemand to its partners on the basis of the following terms and conditions. You may only use Westcon Group SocialonDemand if you are employed by a company that is a partner of Westcon.
2.2 You may only use Westcon Group SocialonDemand in accordance with these Terms and Conditions and in any event, for lawful and proper purposes and You will comply with all applicable laws, regulations and codes of practice within the jurisdiction /country from which You are accessing Westcon Group SocialonDemand. In particular, You agree that You shall not:
2.2.1 use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of Westcon Group SocialonDemand including but not limited to uploading or making available files containing corrupt data or viruses via whatever means;
2.2.2 take any action that imposes an unreasonable or disproportionately large load on Westcon Group SocialonDemand or associated infrastructure;
2.2.3 copy all or any part of Westcon Group SocialonDemand;
2.2.4 rent, lease, sub-license, loan, translate, merge adapt, vary or modify Westcon Group SocialonDemand and (subject to the right to upload materials or otherwise except as expressly permitted by Us in writing) not make alterations to, or modifications of, the whole or any part of Westcon Group SocialonDemand nor permit Westcon Group SocialonDemand or any part of it to be combined with, or become incorporated in, any other programs; and
2.2.5 disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of Westcon Group SocialonDemand nor attempt to do any such things.
3. Registration and Account
3.1 In order to participate in this programme, You must register with Westcon Group SocialonDemand by completing a short online form and providing certain information, including amongst others Your full name, function/role, company/organization and employee e-mail address, all of which must be accurate, truthful and up- to-date. Westcon shall verify Your registration information and approve, if relevant, Your registration. A confirmation email will be sent by email to the email address You provided. Westcon reserves the right to deny approval of Your registration for any reason.
3.2 You shall be solely responsible for maintaining the confidentiality of Your password. You shall immediately notify Us by submitting feedback of any known or suspected unauthorized use(s) of Your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Your password. You are fully responsible for all usage and activity on Your account. Notwithstanding anything else herein, We reserve the right to pursue any and all claims against You and any user of Your account. Your account is valid only while You are employed by the organization listed on Your initial registration application. You are prohibited from accessing Your account immediately upon termination with that organization.
3.3 You shall notify Us as soon as possible (i) if You are granted access to information which You do not, acting reasonably, believe that you should, due to Your function/role/company/organization, have access to and/or (ii) if You become aware that someone within Your company/organization has been granted access to information which You do not, acting reasonably, believe that they should, due to their function/role, have access to.
4.1 All information provided pursuant to Westcon Group SocialonDemand is, unless otherwise specified, confidential (Confidential Information) and as such You shall, subject to clause 4.2:
4.1.1 not disclose any Confidential Information except to such third parties as authorised in writing by Westcon ; and
4.1.2 take all steps necessary or appropriate to protect any Confidential Information against unauthorised disclosure or use, and shall promptly notify Westcon of any unauthorised disclosure or use of any Confidential Information, and shall take all actions that Westcon reasonably requests to prevent any further unauthorised use or disclosure of the same.
4.2 The obligation set out in clause 4.1 shall not apply to the extent, but only to the extent, that any Confidential Information:
4.2.1 becomes generally available to the public through no fault of Yours;
4.2.2 is or has been disclosed to You, directly or indirectly, by any person that is under no obligation of non-disclosure to Westcon ; or
4.2.3 is required to be disclosed under any applicable law, rule, regulation or governmental order. Before disclosure You shall inform Westcon of such disclosure and of which Confidential Information and to what extent it is disclosed, and shall co-operate with Westcon to seek a maximum protective order or measurement.
5. Changes to Westcon Group SocialonDemand
5.1 We may make improvements or changes to the information, services, products and other materials on Westcon Group SocialonDemand (Changes) (any such Changes shall be subject to these Terms and Conditions), or terminate Westcon Group SocialonDemand, at any time without notice.
5.2 We may also modify these Terms and Conditions from time to time, and such modification shall be effective immediately upon posting of the modified Terms and Conditions on Westcon Group SocialonDemand without prior separate notification to You. Accordingly, Your continued access or use of Westcon Group SocialonDemand is deemed to be Your acceptance of the modified Terms and Conditions.
Any promotions operated through Westcon Group SocialonDemand shall, unless specifically stated otherwise, be subject to Westcon s standard business to business terms and conditions (copy available at request).
7. Limitation of Liability
7.1 In no event shall We be liable for any losses or damages of whatsoever kind (including direct, indirect, incidental, consequential and punitive) arising out of access to, or the use of Westcon Group SocialonDemand or any information contained in it whether or not in the contemplation of the parties including any losses or damages arising as a result of:
7.1.1 any and/or all of the services detailed in Westcon Group SocialonDemand not being available;
7.1.2 any problems with accessing Westcon Group SocialonDemand and the system on which it is hosted;
7.1.3 a user incorrectly stating their role/function/company/organization;
7.1.4 the delivery/suitability/quality of products awarded pursuant to any schemes and/or promotions operated by Westcon Group SocialonDemand.
7.2 Nothing in these Terms and Conditions shall exclude or limit Our liability for death or personal injury caused by negligence or for fraudulent misrepresentation.
8. Disclaimer of warranty
To the maximum extent permitted by law, We disclaim all implied warranties with regard to the information, services and materials contained on Westcon Group SocialonDemand and/or the products awarded pursuant to schemes and/or promotions operated through Social Westcon. All such information, services and materials are provided "as is" and "as available" without warranty of any kind.
You agree to indemnify, defend and hold Us harmless from any liability, loss, claim and expense (including reasonable legal fees) related to Your breach of these Terms and Conditions.
10. Intellectual Property and Proprietary Rights
10.1 All trademarks, copyright, database rights and other intellectual property rights in any materials displayed or accessible on Westcon Group SocialonDemand, as well as the organization, layout and functionality of Westcon Group SocialonDemand and the software code of the Westcon Group SocialonDemand are owned either by Us, Our licensors or Our service provider. Except as expressly permitted by Us in writing, no license or right, express or implied is hereby conveyed or granted by Us, Our licensors or Our service provider in relation to trademarks, copyright, database rights and other intellectual property rights in any materials displayed or accessible on Social Westcon, in the organization and layout of Westcon Group SocialonDemand and/or in the software code of the Westcon Group SocialonDemand.
10.2 Materials on the Westcon Group SocialonDemand may include (by way of example only) posts, pictures, videos and brochures that are accessible and/or made available to You in order to support Your sales and/or servicing of Westcon products and services. These materials shall only be accessed and used by You if permitted by Us and in accordance with the conditions attached by Us to the materials and in any event only to support the sale and/or promotion of Westcon products and services, and for no other purposes. In particular, You shall not change or modify any pre-existing text or elements (whether images, logos, drawings, documents, etc.) in any templates made available on Westcon Group SocialonDemand for Your own marketing campaigns and posts, except that You may include information about Your company and business provided that at all times (i) the information is lawful and correct; (ii) You have, where relevant, obtained the necessary third party consents and licenses, including but not limited to image rights; (iii) You do not misrepresent or conceal Your identity and authorship or relationship with Westcon; (iv) You do not mention any of Westcon’s competitors in the internet security market.
10.3 Upon notification by Us (via email or otherwise), You shall immediately stop any and all use of any material(s) as specified by Us and if requested by Us confirm to Us in writing that You have ceased using the said material.
11. Data Protection
12.1 We reserve the right to:
12.1.1 deny You access to Westcon Group SocialonDemand; and/or
12.1.2 terminate these Terms and Conditions, or suspend Your access to Westcon Group SocialonDemand, with or without cause in Our sole discretion, at any time without notice.
12.2 We shall not be liable to You or any third party for the termination or suspension of Westcon Group SocialonDemand, or any claims related to the termination or suspension of Westcon Group SocialonDemand. Upon termination of access to Westcon Group SocialonDemand by You or Us, You must discontinue your use of Westcon Group SocialonDemand, destroy promptly all materials obtained from Westcon Group SocialonDemand and any copies thereof.
13. User Policy
13.1 You undertake not to post to or send via or use in relation to Westcon Group SocialonDemand any materials that are or could reasonably be construed as: (i) defamatory, libellous, obscene, offensive, abusive, liable to incite racial hatred, discriminatory or blasphemous; (ii) in breach of any obligation of confidence or privacy or any trade secret; (iii) infringing the proprietary rights of any third party or for which You have not obtained all necessary licences and/or approvals; or (iv) violating any other law.
13.2 You also agree not to transmit to or send via Westcon Group SocialonDemand any materials which could reasonably be held to constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of any country or other competent authority, or infringe the rights of any third party enforceable in any part of the world.
13.3 Westcon reserves the right to remove any materials from Westcon Group SocialonDemand where it reasonably suspects that such material is prohibited by this clause 13 or is otherwise inappropriate. Notwithstanding the foregoing, You acknowledge that Westcon has no control over content on Westcon Group SocialonDemand provided by other users, and that, in addition, it does not purport to monitor the accuracy, appropriateness or conformity with the principles outlined in these Terms and Conditions, of such content.
13.4 You must not link to Westcon Group SocialonDemand other websites which are indecent or inappropriate, and You must forthwith remove any link if Westcon in its discretion so requests.
Social Westcon use "cookies" to enable You to sign in to our services and to help personalize Your online experience. A cookie is a small text file that is placed on Your hard disk by a Web page server. Cookies contain information that can later be read by a Web server in the domain that issued the cookie to You. Cookies cannot be used to run programs or deliver viruses to Your computer.
One of the primary purposes of cookies is to store Your preferences and other information on Your computer in order to save You time by eliminating the need to repeatedly enter the same information and to display Your personalized content and appropriate advertising on Your later visits to these sites.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but You can usually modify Your browser setting to decline cookies if You prefer. If You choose to accept cookies, You also have the ability to later delete cookies that You have accepted. If You choose to delete cookies, any settings and preferences controlled by those cookies, including advertising preferences, will be deleted and may need to be recreated.
15. Governing Law
The Terms and Conditions shall be governed by and construed in accordance with the laws of the country in which You are located. You hereby agree that the courts of the country in which You are located have exclusive jurisdiction to settle any dispute arising out of or in connection with Westcon Group SocialonDemand or the Terms and Conditions.
We have the right to change the content or technical specifications of any aspect of Westcon Group SocialonDemand at any time at Our sole discretion. You further accept that such changes may result in Your being unable to access Westcon Group SocialonDemand. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Clauses 2.2, 3.2, 4, 7, 9, 10, and any clause which, by its nature, should survive termination or expiration of these Terms and Conditions shall survive termination or expiration.
17. Entire Agreement
These Terms and Conditions constitute the entire agreement between You and Us in respect of Your use of Westcon Group SocialonDemand.