Fast Tomato - Data Privacy Policy
The Morrisby Organisation is committed to protecting and respecting
your privacy online.
This Privacy Policy only applies to the Fast Tomato website and
does not include the other third party websites linked to Fast Tomato. Users
should carefully examine the privacy statements of sites appearing on or
linking to or from Fast Tomato. Personal Information that you choose to provide
to other sites will be subject to the privacy policies of that Website.
What personal information is collected?
Fast Tomato requires that people who use the bespoke
questionnaire-based service to provide a User Name, a valid email address and
password. Following registration, Fast Tomato may utilise a cookie (placed on
your hard disk) to recognise users and to increase the efficiency of your
interactions with the website. If your computer is unable to accept cookies,
the system will still operate but not quite so efficiently. Cookies in
themselves do not personally identify users, although they do identify a user's
computer. We have no control over the use of cookies by any third party sites
that may be accessed via Fast Tomato. The site also records the IP addresses
for administration and troubleshooting purposes. These IP addresses are not
linked to any personal information stored by The Morrisby Organisation although
the IP number may constitute personal information in itself.
How is the information used?
Your questionnaire responses will be held under your User name and
linked to your e-mail address. All this personal information is protected by
your password on our server. When you register you are asked if you would like
to kept informed of Fast Tomato developments or products or services that we
believe may be of relevance to you. If you request this we may send relevant
emails to the address you have given. Normally these emails average fewer than
12 per year. Under no circumstances will we pass on you email address to a
third party.
Use of aggregated information which is not personal information
Fast Tomato may carry out statistical analyses from time to time,
in order to ascertain relative popularity of courses and interests,
relationships of examination subjects and interests, and other such
relationships. These analyses may be used for product development purposes and
may be passed to third parties but without any links to your name or e-mail
address. The analyses may also be used to determine how many visitors have seen
a particular advertisement and this information, without name or email address,
may be passed to the advertiser.
Contact us If at any stage you decide that you do not wish to
receive information by email please send a blank message to
no-mail@morrisby.co.uk ensuring that the email address for deletion is
specified. Upon request we will remove your questionnaire responses, email
address and any other personal information from our system.
Terms and Conditions of Use:
This is the legal stuff to protect you and us. Please read carefully
before using Fast Tomato.
A) Morrisby means The Morrisby Organisation [of Focus 31 North, Cleveland Rd, Hemel Hempstead, England HP2 7EY].
B) Service means all use of the Fast Tomato website.
C) Data means all information supplied to user by use of the Service.
1 License
1.1 Subject to this Clause 1 and the other obligations on the user contained in
these Terms, Morrisby grants and the user accepts a non-exclusive,
non-transferable licence to gain access to and use the Service and the Data for
the purpose of personal non-commercial use.
1.2 The user may download onto its own computer system or local disk or print
in hard copy form any such Data required for the purpose in 1.1.
1.3 The user does not and will not acquire any proprietary interests in any
material obtained from or relating to the Service or the Data. The user will
not use the Service or the Data in any way which may infringe any intellectual
property right (including copyright or trade mark), any right of
confidentiality, or any other proprietary interest that Morrisby has in such
materials.
1.4 To avoid doubt the user agrees that it will not:
(i) use the Service or the Data for any commercial purpose whatsoever;
(ii) copy more Data than absolutely necessary for the purpose in 1.1; or
(iii) copy Data to any storage device on a network.
1.5 User agrees to fully indemnify and to hold Morrisby indemnified from and
against any claim brought by a third party resulting from the use of the
Service and in respect of all losses, costs, actions, claims, expenses or
liabilities whatsoever suffered or incurred directly by Morrisby in consequence
of any breach or non-observance of these terms.
2 Service Provision
2.1 Morrisby reserves the right at its discretion to refuse at any time to:
(a) accept any registration; or
(b) provide access to the Service.
2.2 The Service is intended normally to be available 24 hours a day. Morrisby
will not be liable for any failure to achieve this level of availability.
2.3 The Service may be suspended temporarily and without notice in
circumstances of system failure, maintenance or repair and for reasons beyond
the control of Morrisby.
2.4 The user will operate, at its own expense, a terminal or personal computer
system, modem, telephone access and communication software for accessing the
Service. Morrisby will not be liable for any loss or damage howsoever arising
resulting from any actions or omissions of the user or of any service provider
or other person through whom the user may access the Service.
2.5 Morrisby will make all reasonable attempts to exclude viruses from the
Service and the Data but cannot guarantee such exclusion and the user should,
therefore, take appropriate steps in respect of any such risk.
3 Access Control
3.1 The user will keep confidential any passwords or usernames allocated to it
and agrees not to disclose its password to any other person.
4 Uploading the Data
4.1 The Data may be updated at any time and the user is strongly advised to
read the current Data each time it uses the Service or accesses the Data.
5 Use of the Data
5.1 The Service and the Data is for general information purposes only. Although
Morrisby has made all reasonable efforts to ensure that the information on the
website is as full and accurate as possible it does not purport that the data
is fully comprehensive or accurate.
6 Warranty
6.1 Morrisby will provide the Service and the Data using reasonable skill and
care.
6.2 Apart from 6.1 the Service and Data are provided without warranty of any
kind. Morrisby disclaims any warranties and representations, express or
implied, including without limitation, any warranty of merchantability or
fitness for a particular purpose, to the extent permitted by law.
6.3 Morrisby is not responsible for the content of external internet sites that
link to this site or which are linked from it.
7 Limitation of Liability
7.1 Morrisby accepts no liability in contract, tort or otherwise including
negligence for:
(i) inability to gain access to the Service as a result of routine or emergency
maintenance on the system or excessive demand for the Service;
(ii) loss of data including both Data transmitted and other data held by or on
behalf of user;
(iii) delay or failure in receipt of Data;
(iv) indirect or consequential losses arising from use of the Service including
loss of revenue, business, anticipated savings or profits.
7.2 Morrisby aggregate liability in contract, tort or otherwise including
negligence shall be limited to [£10 000] in respect of one incident or series
of incidents arising from a common cause in any 12-month period.
8 General
8.1 These Terms comprise the entire agreement between the parties.
8.2 The Service and Data are provided from England, irrespective of the
location of the user.
8.3 The user may not assign or delegate all or any of its rights and
obligations under these Terms. Morrisby shall have the right to assign or
transfer all or any of its rights and obligations at any time without notice.
8.4 Morrisby reserves the right to vary these Terms from time to time. User
shall be deemed to have accepted the varied Terms if it continues to use the
Service after variation.
8.5 None of the provisions of this Agreement are intended to or will operate to
confer any benefit pursuant to the Contracts (Rights of Third Parties) Act 1999
on a person who is not named as a party to this Agreement.
8.6 If any provision of this Agreement is held to be void or unenforceable in
whole or in part, this Agreement shall continue to be valid as to the other
provisions thereof and the remainder of the affected provision.
8.7 All rights and obligations under these Terms will subsist worldwide. This
Agreement shall be governed by and construed in accordance with English law and
each party to this Agreement submits to the exclusive jurisdiction of the
English courts.