Think Before You Link: Website Terms and Conditions

The Website is owned and operated by the National Protective Security Authority (NPSA). We are the National Technical Authority for protective security advice. Our role is to protect UK national security. We help to reduce the vulnerability of the UK to a variety of threats such as Terrorism, Espionage and Sabotage.

By clicking the "I Agree" button, You acknowledge that: (i) You have read and understood these Terms and acknowledge You will be legally bound by them; and (ii) You have the authority to act on behalf of Your company or organisation.

If You do not agree to these Terms please do not use the Website or the Services.

The NPSA reserves the right to change these Terms at any time and You should print a copy of these Terms for Your records. You should check back regularly to see if they have changed as they will be effective from the next time that You access the Services and Your continued use of the Services shall indicate Your acceptance of any change. The NPSA will make every effort to communicate these changes to You by notification on the Website or by email.

DEFINITIONS AND INTERPRETATION

Definitions:

  • Account: the account You set up when You register on the Website.
  • App: the Think Before You Link app.
  • Confidential Information: includes all information exchanged between the parties to these Terms, whether in writing, electronically or orally, including information about business, services, customers, finances, revenue and technical information.
  • Content: any text, advertisement, images, graphics, sounds, videos, films, logos, information or other materials available within the Website or Services, but excluding Your Content.
  • IPR: any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
  • NPSA: the National Protective Security Authority.
  • Output Content: the content, trends, learning and information produced as a result of Your or Your workforce's use of the Services.
  • Services: means the services provided to You enabling customisation of the App and associated services provided to You, including the customisation of promotional and guidance content, for the purposes of promoting the use of the App by Your workers and educating Your workers about the threat posed by hostile state actors and organised criminals trying to steal intellectual property or information through social media and professional networking sites.
  • Terms: these terms and conditions of use.
  • Website: the internet site at the domain portal.thinkbeforeyoulink.app and all its subdomains.
  • You or Your: the company or trading entity on behalf of which an individual accepts these Terms.
  • Your Content: means all information inputted into the Website by You, including Your IPR and company logo, for the purposes of benefiting from the Services.

Clause headings shall not affect the interpretation of these Terms. A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors or permitted assigns.

A reference to: (a) a company shall include any company, corporation or other body corporate, wherever and however incorporated or established; and (b) a statute or statutory provision is a reference to it as it is in force as at the date of this agreement.

Unless the context otherwise requires: (a) words in the singular shall include the plural and in the plural shall include the singular; (b) a reference to one gender shall include a reference to the other gender; and (c) the words "other", "including" and "in particular" shall not limit the generality of any preceding words or be construed as being limited to the same class as any preceding words where a wider construction is possible.

PURPOSE OF THE WEBSITE

The Website provides a secure web-based platform which facilitates the provision of the Services.

NPSA operates the Website as it sees fit and in its sole discretion. NPSA shall have total control over its appearance, structure, Content, functionality, user interface and placing of Content within the Website.

NPSA may change, modify, amend, add to or remove functionality from the Services or in relation to Content from time to time at its discretion without notice to You provided that the Website shall always be capable of meeting its intended purpose.

THE SERVICES

The NPSA shall provide the Services to You in accordance with these Terms.

NPSA shall provide the Services with reasonable care and skill and in accordance with applicable law. The NPSA will use reasonable endeavours to keep the Services operational, allowing for appropriate maintenance windows and You acknowledging that a certain amount of unscheduled downtime is inherent in internet based services.

YOUR RIGHTS AND RESTRICTIONS RELATING TO THE SERVICES

  • You must register an Account with the NPSA to enable You to use the Services.
  • You may make copies of Your Content contained in Your Account in any format. You may not make copies of the Website and the Content of the Website.
  • When You create Your Account, You will be required to create a username and password. You must ensure that Your username and password are kept secure and confidential. You must immediately notify the NPSA of any unauthorised use of Your password or any other breach of security. You are responsible for any activity on Your Account. It is Your sole responsibility to monitor and control access to and use of Your Account and password. You must take all other actions that NPSA reasonably deems necessary to maintain or enhance the security of NPSA's computing systems and networks and Your access to the Services.
  • You shall ensure that You have any necessary consent of any individual whose information is entered into or processed by the Services to use such information in connection with the Services and for the NPSA, its contractors and agents to process such information for that purpose.
  • You acknowledge and agree that any individual in Your organisation using the App must accept the end user licence agreement for the App before the NPSA will grant that individual access to the App.

YOUR GENERAL OBLIGATIONS AND WARRANTY

When using the Services, You agree not to:

  1. attempt to undermine the security or integrity of the Services, or NPSA's (or its suppliers') computing systems or networks. NPSA will report any security breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing Your identity to them;
  2. use, or misuse, the Services in any way which may impair the functionality of the Services, or impair the ability of any other user to use the Services or Website;
  3. attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
  4. transmit, or input into the Services, any files or data that may damage any other person's computing devices or software, any Content or Your Content that may be offensive or in violation of any law (including data or other material which You do not have the right to use);
  5. create links to the Website or Services unless the NPSA gives You prior written consent or as otherwise set out in these Terms;
  6. attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to operate the Services except as is strictly necessary to use either of them for normal operation and other than as permitted by law;
  7. impersonate any other person while using the Services;
  8. conduct Yourself in a vulgar, offensive, harassing or objectionable manner while using the Services; or
  9. use the Services for any unlawful purpose.

You shall in a timely and efficient manner:

  • follow all reasonable instructions of the NPSA from time to time and provide all necessary co-operation to the NPSA in connection with the Services;
  • provide the NPSA with all reasonable and necessary access to such information as may be required by the NPSA in order to provide the Services;
  • obtain and shall maintain all necessary licences, consents, and permissions necessary for the NPSA, its contractors and agents to perform their obligations under these Terms; and
  • be solely responsible for procuring and maintaining its network connections or telecommunications links for accessing the Services.

You warrant that You have the necessary authority to bind Your company or trading entity.

PERSONAL DATA

We will not process any personal data under this agreement. However, any processing of personal information will be done in accordance with current UK data protection legislation. Please read NPSA's Privacy Policy for details of NPSA's collection and use of personal data and Your access and correction rights to any data held about You.

DISCLAIMER

The provision of, access to, and use of, the Services is on an "as is" basis.

It is Your sole responsibility to determine that the Services meet the needs of Your business and are suitable for the purposes for which they are used.

You are responsible for Your use of the Services and for ensuring that such use is compliant with applicable law.

NPSA does not warrant or represent that any particular results or outcomes will be achieved through use of the Services.

NPSA will use reasonable endeavours to make the Services available at all times but does not warrant or guarantee that the Website or Services will always be available or that they will be uninterrupted or error free.

If You have any technical problems with the Services, You must make all reasonable efforts to investigate and diagnose problems before contacting the NPSA. If You still need technical help, please check the support provided online by the NPSA on the Website or failing that submit an enquiry on the NPSA website by following this link: General Enquiries.

NPSA uses industry standard security processes and procedures to protect the Services against viruses, worms, Trojan horses, malware and other disabling devices but NPSA cannot guarantee that the Services will be free from the same or totally secure.

NPSA shall have no liability for any errors, omissions, inaccuracies or misleading statements or representations in any Content or instructions provided to NPSA in connection with the Website or any actions taken by NPSA at Your direction.

NPSA can accept no responsibility nor liability whatsoever, for any claims, costs, losses, expenses or damages howsoever arising whether direct, indirect or consequential in respect of any omissions or consequences of actions taken by You based on any information, opinions or advice contained within the Services.

All implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of satisfactory quality, fitness for purpose and title.

HYPERTEXT AND COOKIES

Where the Website is linked to any website operated by any third party the NPSA accepts no responsibility or liability arising in respect of any content, information or transaction on or carried out on such third party website. The presence of a link on the Website shall not be deemed to be a recommendation or endorsement of such third party website by the NPSA. Your dealings with third party websites are solely between You and the applicable third party and You should read their terms and conditions and policies before using them.

The Website uses cookies. Please read our Cookie Policy and Privacy Policy for further details.

INTELLECTUAL PROPERTY RIGHTS

All IPR contained in and pertaining to the Website, the Services and the Content, including any trademarks used on the Website or Services, copyright in any Content and rights in any data contained on the Services are owned by or licensed to NPSA on behalf of the Crown. You are not given any right to use any IPR contained in or pertaining to the Website, Services or content otherwise than as expressly permitted in these Terms or by law. Any transfer, sale, distribution, reproduction, copying or modification of any Content, Services or the Website itself (in whole or in part) is strictly prohibited other than with the prior written consent of NPSA.

The NPSA grants to You a royalty free, non-sublicensable, non-transferable, revocable licence to use the Services during the term of these Terms and for the sole purpose of benefiting from the Services within Your own organisation. You agree to use any documentation, materials and information provided to You in respect of the Services only within your organisation and not to promote such documentation, materials and information externally including in any public areas of your organisation.

The NPSA shall have the right to use the Output Content as it so wishes.

You agree that the NPSA is free to use any comments, information or ideas contained in any communication You may send to the NPSA without compensation, acknowledgement or payment to You for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Website, Content or Services.

You grant the NPSA, its contractors and agents a royalty-free licence to display and use Your Content (including your IPR and company logo) to the extent necessary to provide the Services. You warrant that Your Content does not infringe the IPR or other rights of any third party and You are responsible for ensuring Your Content is accurate, complete, truthful and compliant with law.

INFRINGEMENT AND INDEMNITY

The NPSA reserves the right to remove any material You upload or post onto the Services if, in its opinion, such material infringes or is likely to infringe the IPR of any third party.

The NPSA will not be responsible or liable to You for the content or accuracy of any material uploaded or posted by any other user of the Services.

You hereby agree to indemnify the NPSA (who shall have no duty to mitigate its loss) in full and on demand against all claims, demands and all direct and indirect damages, losses, costs and expenses and any consequential loss made against or incurred or suffered by the NPSA as a result of:

  • the use of the Services by You or any individual in Your organisation; and
  • any claim that the content of any material uploaded onto the Services infringes the IPR of any third party.

LIABILITY

This clause 11 sets out the entire liability of the NPSA under or in connection with these Terms including any liability for the acts or omissions of its employees, agents and sub-contractors and in respect of:

  • any breach of these Terms;
  • any use made by the You of the Services and Website; and
  • any representation, statement or tortious act or omission (including negligence).

Nothing in these Terms excludes either party's liability for:

  • death or personal injury caused by their negligence; or
  • fraud or fraudulent misrepresentation; or
  • any liability which cannot be legally excluded or limited.

Subject to clause 11.2, the NPSA shall not be liable for any costs, loss or damage (whether direct, indirect or consequential, and whether economic or tort) that You or a third party may suffer arising from Your exercise of the rights granted to You under this Agreement.

For the avoidance of doubt, NPSA shall not be liable for any losses or damage that You or any third party may suffer as a result of relying on Output Content.

Neither party will be liable for any indirect or consequential losses arising out of or in connection with these Terms.

TERMINATION

The NPSA reserves the right at any time to terminate Your right to use the Services and/or restrict or disable Your access or use of Your Account and/or any or all elements of the NPSA's services, on a permanent or temporary basis at the NPSA's sole discretion.

You may notify the NPSA at any time by written notice that You no longer wish to use the Services and the NPSA shall promptly terminate Your right to use the Services and Your right to access Your Account.

CONSEQUENCES OF TERMINATION

Termination of Your rights under these Terms pursuant to clause 12 is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination:

  • You will immediately cease to access the Services;
  • Subject to clause 9.3, the NPSA will delete or destroy all of Your Content held within the Services; and
  • You will destroy any Confidential Information of the NPSA and all copies of it.

Clauses 7, 9, 10, 11, 13, 14 and 15 of these Terms shall survive the termination of the rights granted under these Terms.

CONFIDENTIALITY

Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, use, disclose or make any Confidential Information available to any person, other than as contemplated by these Terms.

Each party's obligations under this clause 14 will survive termination of these Terms.

The provisions of clause 14.1 shall not apply to any information which:

  • is or becomes public knowledge other than by a breach of this clause;
  • is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
  • is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
  • is independently developed without access to the Confidential Information.

FREEDOM OF INFORMATION

The NPSA is exempt from the disclosure requirements of The Freedom of Information Act 2000 (FOIA), and any information (including Confidential Information) that is directly or indirectly supplied by, or relates to, the NPSA is exempt from disclosure under FOIA.

If You receive a disclosure request relating to the NPSA or to information directly or indirectly supplied by the NPSA, You shall inform Us immediately and take such steps as We may specify in relation to the handling of the request.

GENERAL

Language: These Terms and all communications between us will be in English.

Conflict: If there is an inconsistency between any of the provisions in these Terms and any relevant section of the Website, the provisions in these Terms shall prevail.

Entire Agreement: These Terms, and any documents or sections of the Website referred to in them, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover. Each of the parties acknowledges and agrees that in entering into these Terms it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the subject matter of these Terms, other than as expressly set out in these Terms.

Waiver and Variation: If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

Events Beyond Our Reasonable Control: Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control (including failure of the internet, and failure of sub-contractors and/or suppliers). This clause does not apply to any obligation to pay money.

No Assignment: You may not assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms.

Rights of Third Parties: No person who is not a party to these Terms shall have the right, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any rights granted or benefits enjoyed under these Terms.

Severability: If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

Notices: Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to the NPSA must be sent via the enquiries form on our website by following the link General Enquiries or to any other email address notified by email by the NPSA. Notices to You will be sent to the email address provided when registering Your Account or sending Your enquiry.

No Partnership: Nothing in these Terms is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other.

Governing Law, Jurisdiction and Dispute Resolution: These Terms and any dispute or claim arising out of or in connection with them or the subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

The Parties agree to attempt to resolve any dispute or claim that arises out of or in relation to this Agreement in good faith including by escalating the dispute to senior members of their respective organisations. Any claim or dispute that cannot be resolved by negotiation shall be determined by confidential arbitration governed by the Arbitration Act 1996 and conducted in English.

The provisions of this clause are without prejudice to the right of either party to apply to the English courts at any time for injunctive relief.