This version of our Terms of Use was last updated on 1 July 2020 and historic versions are archived and can be obtained by contacting us.
There are some sections which apply only to our Customers. A "Customer" is an entity which has signed up to a Commercial Agreement and Platform Terms & Conditions with us to receive our Services.
1. What's in these terms?
Welcome to our website. These terms tell you the rules for using our website at www.provenance.org, our sub-domains and our app ("Website"). You should read these terms before you use the Website. These terms tell you who we are, how you can use the Website, how you can buy our Services (if you are a Customer), what to do if there is a problem and other important information.
2. Who we are and how to contact us
We are Project Provenance Limited ("we", "Provenance", "us" and "our") a company registered in England and Wales under company number 08622563 and our registered office address at: The Old Chapel, Union Way, Witney, Oxfordshire, England, OX28 6HD. We are trading as 'Provenance' and our VAT number is 168965544.
To contact us, please e-mail [email protected] or use our contact form.
3. Who can use our Website?
If you are in the UK, you must be aged 18 or over to have an account with Provenance (or under 18 if you are supervised by a parent or guardian).
4. By using our Website you accept these terms
By using our Website, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms, you must not use our Website.
We recommend that you save a copy of these terms for future reference.
5. There are other terms that may apply to you
These are some other rules, which also apply to your use of our Website:
6. We may make changes to our Website
We may update and change our Website from time to time. We will try to give you reasonable notice of any major changes.
7. We may suspend or withdraw our Website
Our Website is made available free of charge.
We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
8. We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
9. You must keep your account details safe
You can register an account with us to set you up on your journey with us. When you create an account, you promise that: (a) the details which you provide (e.g. your name, details of the products (if you are a Customer)) are real and accurate; (b) you'll notify us immediately of any changes to your details by updating these details on your online account; and (c) you keep true to yourself and won't impersonate any other person or use any details that you're not authorised to use.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our 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 us at [email protected].
10. How you may use material on our Website
We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Unless we have granted you permission, you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
11. Do not rely on information on our Website
The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
12. We are not responsible for any website we link to
Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources. In order to be safe, we recommend that you read any terms and conditions for these websites and resources.
13. Our responsibility for loss or damage suffered by you
We love our Website and really hope that nothing bad happens to you when you're on it. In case something bad happens when you do use the Website, we're not responsible to you in any way for:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If you are a consumer (as defined under applicable legislation) please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. Uploading content to our Website
Whenever you make use of a feature that allows you to upload content to our Website, you must comply with the content standards set out in our Ethical Guidelines.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in “Rights you are giving us to use material you upload” below. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with the content standards set out in our Ethical Guidelines.
Additional terms which apply to those in a Customer's supply chain (e.g. supplier, certifiers, partners and so forth) (Related Party)
The Related Party hereby grants to use a non-exclusive, sub-licensable, non-transferable, royalty free licence to use any data it uploads to the Website (including any personal data) for Provenance to provide its services to the Customer.
The Related Party warrants that: (a) it has and will maintain all necessary licences, consents, and permissions necessary to permit us to use this data; (b) any data it transmits to us is accurate and up to date and that it shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of that data; and (c) it will assist us in responding to any requests made by any relevant data subject which concern the exercise of that data subject's rights under the Data Protection Act 2018 or the General Data Protection Regulation.
15. Rights you are giving us to the material you upload
When you upload or post content to our Website, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable, revocable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the Website and across different media.
16. Additional terms which apply to Customers
Subscriptions to the Provenance service may be made available in free or paid versions and/or in different service levels. Not all of the features and functionality of the Provenance service may be available in each version or service level. The features and functionality of each version or service level may be changed from time to time at Provenance's discretion without notice, and all prices listed on the Website are subject to change.
In order to subscribe to the Provenance service, you may be required to provide Provenance with billing and account information (“Billing Information”) for a credit card, payment card or another payment system for which you are authorised to approve charges (each, a “Payment Source”) to allow Provenance to collect payment from you for your use of the Provenance service. You must provide Provenance with true, accurate, current and complete Billing Information and maintain and promptly update your Billing Information to keep it true, accurate, current and complete.
Any other terms related to our agreement with you are set out in our Commercial Agreement and Platform Terms and Conditions (www.provenance.org/terms-and-conditions) with you.
17. We do not guarantee that our Website will be secure or free from bugs or viruses.
Unfortunately we can't, and don't, guarantee that the Website, or any content on it, will always be available or be uninterrupted or be bug or virus free. You should therefore make sure you have the necessary anti-virus software.
We want to ensure that other people can enjoy the use of our Website so please don't misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs, files or programs or repetitive requests designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of or impair the functionality of this Website; including carrying out any hacking activity or web crawling you must not attempt to circumvent, or attempt to seek to circumvent, any of the security safeguards of this Website or gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
18. Rules about linking to our Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Unless, we expressly grant you permission, you must not establish a link to our Website in any website that is not owned by you.
Our Website must not be framed on any other Website.
We reserve the right to withdraw linking permission without notice.
We love to hear new and exciting ideas, so if you would like to use our content in a way other than that set out above, please get in touch via our contact form.
19. Which country's laws apply to any dispute?
Please note that these terms of use, their subject matter and their formation, are governed by English law.
If you are a consumer as defined under applicable legislation and you're not happy with any of these terms, you and Provenance agree that any disagreement or dispute will take place in the courts of England and Wales (except if you live in Northern Ireland, you can also go to the courts in Northern Ireland or if you live in Scotland, you can also go to the courts in Scotland).
If you are a Customer and you're not happy with any of these terms, you and Provenance agree to the exclusive jurisdiction of the courts of England and Wales.