UK Partners Against Crime – Terms and Conditions of subscription and use of the Incident Reporting and Management Platform Subscriptive Service.

Last Updated: 07 August 2023.

Welcome to UK-PAC.

UK Partners Against Crime “UK-PAC” and/or their affiliates provide a subscriptive based service to a co-operative Incident Reporting and Management Platform “IRMP”.  Please see our Data Protection policies to understand how we collect and process your personal information through UK-PAC services. This IRMP is named “Sentry SIS” and collates data communally to allow incident administration and reporting, and to facilitate communal objectives and goals to bring about safer communities and business estates. UK-PAC offers a wide range of services, though each may be individually subject to additional or stand-alone terms and conditions. This document defines the terms and conditions of the subscriptive based IRMP services (“UK-PAC services”).

Please read these conditions carefully before using UK-PAC services. By using UK-PAC services, you signify your understanding and agreement to be bound by these terms and conditions. Wheresoever additional or stand-alone terms and conditions apply, if they are inconsistent with any provisions in a service agreement then that service agreement will take precedence.

1. Application.

    1. These Terms and Conditions of use and subscription of the Incident Reporting and Management Platform (“Ts and Cs”) will apply to the financial subscription and provision of UK-PAC IRMP services.
    2. You agree to be bound by these Terms and Conditions. You may only purchase services or goods from UK-PAC via the website or other formal agreement and warrant as such that you are eligible to enter into a contractual service agreement as either i) an individual, or ii) on behalf of an organisation, and iii) are at least 18-years old.

2. Definitions.

2.1 “Consumer” will mean you, or another person or entity entering into any service-agreement with UK-PAC, by which you, or this person or entity, will be the beneficiary of a service provided by UK-PAC.

2.2 “Contract” or “Service Agreement” will mean the legally binding agreement between you and UK-PAC for the supply of goods and/or services.

2.3 “Durable Medium” will mean paper or email, or any other medium that allows information to be addressed personally to the recipient.

2.4 “Goods” and/or “Services” will mean the goods and/or services as outlined in the above preface, particularly the subscription to access a communally accessible platform-based incident reporting and management platform, as advertised on our website and during in-person presentations.

2.5 “Data Protection” and “Privacy Policy” will mean the terms which set out how we will deal with our data protection and how we will deal with confidential and personal information received from you via the website and our other affiliated platforms or services.

2.6 “Website” will mean our website www.uk-pac.com.

2.7 “Incident Reporting and Management Platform” (“IRMP”) will mean a platform that UK-PAC will offer access unto as an incident and or criminal activity reporting and management platform, designed for the reporting and management of incidents and criminal activity.

2.8 “Intellectual Property” or “Content” will mean any intellectual property made, designed, constructed, or conceptualised or invented, including (but not limited to) any works; literary, graphical, symbols, logos, names, image, videos, or audio.

2.9 “Express Written Consent” will mean written and signed consent, from a Director, Member of Senior Management, or authorised representative of UK-PAC.

2.10 “You” or “Your Commercial Entity” or “on Your Behalf” will mean who you are, whether that be an individual using UK-PAC service with personal interest, or you on behalf of a commercial or non-profit entity, whether a limited company or partnership, or any other formal and legal identity or entity. If on behalf of more than one person, “You” shall mean ‘You, as a collective’.

2.11 “Primary Contact” or “Lead Contact” will mean an identified lead-liaison contact within the venue membership to a UK-PAC IRMP service, particularly one which shall retain the responsibility of ensuring membership management is liaised and communicated with UK-PAC and will be a lead-contact should evidence be so required.

2.12 “Written Notice” will mean notice written either on paper, in a graphical style (such as a letter, or attendance note) or e-mail. No other e-correspondence will be accepted unless expressly agreed upon by direct reply. No verbal correspondence, without formal written confirmation or follow-up, will be accepted at all.

2.13 “Funded Venue” will mean any membership paid for on behalf of you, but not paid by you directly. For example, you may be a Business Improvement District levy payer, to which membership may be funded by the B.I.D, or another franchise entity.

2.14 “Self-funded Venue” will mean you, funding your own UK-PAC membership independently.

3. The Subscriptive Services.

3.1 The description of the Subscriptive Service (or “the subscription” or “the service” for this purpose) is access to the Incident Reporting and Management Platform as defined above. Any description outside of a formally and expressly agreed forum is for illustrated purposes only and there may be a small discrepancy in delivery of service.

3.2 In the case of any services made to your special requirement, it is your responsibility to ensure that any information or specification you provide is accurate.

3.3 We can make changes to the services which are necessary to comply with any applicable law of safety requirement. We can also make changes to the services which are necessary to ensure continued effective service delivery. We will notify you of these changes.

4. Intellectual Property.

4.1 All content included in or made available through any UK-PAC service such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of UK-PAC or its content suppliers and is protected by Copyright and Intellectual Property legislation.

4.2 You may not extract and/or re-utilise parts of the content of any UK-PAC services without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of any UK-PAC services, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any UK-PAC service without our express written consent.

4.3 The content to which UK-PAC uses, particularly its concepts,  graphics, logos, page headers, button icons, scripts, and service names, where appropriate will be protected by intellectual property legislation and registration, such as being registered as a trademark, copyright, or patent. In any capacity, where a registered protection is not formally recognised, you agree to be bound by the principle that you act as if it were formally recognised as a registered protection. Therein, any intellectual property, including (but not limited to) UK-PAC literary, logo, page header, button icons, scripts and service names or graphics or concepts will be treated as protected by (but not limited to) copyright, trademark, and patent.

4.4 UK-PAC’s trade and intellectual property may not be used in connection with any product or service which is not UK-PAC’s without express written consent. In any case, UK-PAC’s trade and intellectual property may not be used by or in connection with any product or service which is not UK-PAC’s in any manner which is likely to cause confusion among customers or in any manner that disparages or discredits UK-PAC.

4.5 All other intellectual property utilised by UK-PAC though not owned by UK-PAC are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by UK-PAC. You agree that UK-PAC may, in good faith, utilise your trademarked logos in connection with published events or stories which prompt insight into UK-PAC, following an approved request from UK-PAC.

4.6 UK-PAC respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please contact info@uk-pac.com at first instance.

5. Your Personal Information.

5.1 We will retain and use your personal information strictly under our Data Protection and Privacy Policies.

5.2 We may contact you from time to time by using your telephone number or by using e-mail or other electronic means, and by post should it become necessary.

6. Licence and Access.

6.1 Subject to your compliance with these Terms and Conditions and applicable additional terms or stand-alone terms or service terms, and your payment of any applicable fees, UK-PAC or its content providers or partners grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make use of the UK-PAC IRMP service for commercial use, particularly for you and your own commercial entity. This licence does not include any resale or unapproved commercial uses of any UK-PAC service or its contents, nor any downloading or copying of account information for the benefit of another merchant, nor any use on behalf of another merchant or consumer.

6.2 All rights not expressly granted to you in these Terms and Conditions or any additional terms or stand-alone terms or service terms are reserved and retained by UK-PAC or its licensors, suppliers, publishers, rights holders, or other providers. No UK-PAC service, nor any part of any UK-PAC service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not use framing techniques to enclose trademarks, logos, or other proprietary information (including images, text, page layout, or form) of UK-PAC without our express written consent. You may not use any meta tags or any other hidden text utilising UK-PAC’s names or intellectual property without our express written consent.

6.3 You may not misuse the UK-PAC IRMP service. You may see the UK-PAC IRMP service as permitted by law. The licence granted by UK-PAC will terminate if you do not comply with these Terms and Conditions.

7. Your Account.

7.1 You may be required to have your own account to use certain UK-PAC services and will require your own account particularly to access UK-PAC IRMP services.

7.2 You will be required to hold access to a valid payment method, and provide an appropriate name, address, and bank details to offer invoices or direct debit services. Please contact accounts@uk-pac.com to discuss payment methods and options.

7.3 We recognise that one ‘venue’ or establishment may have more than one ‘user’ account in association with UK-PAC IRMP services. We will associate a venue owner or manager” (or another appropriate individual) to undertake responsibility of its membership management (“primary contact”).

7.4 The primary contact will become responsible for ensuring UK-PAC, or its partners responsible for membership management on its IRMP system, is made aware of additional or new members requiring an account to access the IRMP system or those now requiring rescinding from access to the IRMP system, to comply with GDPR. The primary contact will need to ensure that notice of new members or rescinded members is prompt, without any delay. There is no requirement or time constraints for new members to be added, the primary contact may request this at any time. However, the primary contact must, within 48-hours of a termination of employment or partnership with a particular member with a particular account, give formal written notice to UK-PAC, or its partners dealing with membership management, of that termination of employment or partnership so that cessation of access to the IRMP is undertaken promptly.

7.5 If you use any UK-PAC service, which requires an account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device which accesses the IRMP. You accept, to the extent permitted by applicable law, responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access your information in the ‘Your Account’ section of the IRMP service. If you are a primary contact, you agree that you will be jointly liable for the actions undertaken by one under your membership management responsibilities, where an obligation was not met (e.g., a member is terminated from your employment, yet remains to access UK-PAC IRMP service due to a failure to report the termination).

7.6 You may not use any UK-PAC service i) in a way that causes, or is likely to cause, or may cause, any UK-PAC service, or any access to it, being interrupted, damaged or impaired in any way, or ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or iii) to cause annoyance, inconvenience, distress, harassment, or anxiety.

7.7 We reserve the right to refuse any UK-PAC service or terminate accounts if your behaviour, in the reasonable opinion of UK-PAC management, gives a justified reason to do so. This will in particular be the case if you are in breach of any legislation or applicable law, applicable contractual provisions, our guidelines, policies, or terms and conditions, all of which are available on our website or reasonably available by way of asking UK-PAC management. Notwithstanding any such limitation or termination, you will continue to have access to content, and services purchased by you up to that point.

8. Messages, Comments, Communications, and other Content.

8.1 Those using UK-PAC IRMP software will be able to make posts, reports, comments, communicate and messages which others will have access to review, see, investigate. Fundamentally, the purpose of the IRMP software is to offer a communal platform to allow local like-minded business owners and venue managers to report incident and criminal behaviour with ease. Police will have access to review these incident reports, whether that is to use as intelligence or to investigate and undertake resolution. A security organization is employed to review, tidy, collate necessary evidence, and forward these reported incidents onto local authorities or where funded and it is reasonable to do so, take additional action.

8.2 You may make posts, reports, comments and communicate in line with 8.1 as long as the content is not illegal, unlawful, unnecessarily obscene, abusive, threatening, defamatory, invasive, infringing on intellectual property or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use false e-mail addresses, impersonate any person or entity, or otherwise mislead as to the origin of content. If you believe that any content on the IRMP contravenes the above, please notify us by contacting info@uk-pac.com. We will aim to respond within 20 working days. If we have not responded, please do chase.

8.3 If you make a post, report, comment or communicate in line with 8.1, whether that is graphical, literary or audio or visual (or any other “content”), you give UK-PAC a) non-exclusive, royalty free licence to use, reproduce, publish, make available, translate and modify such content throughout the world (including the right to sublicence these rights to third parties) and b) the right to use the name that you submit in connection with such content. No moral rights are transferred by this provision. UK-PAC will, by all accounts, comply with GDPR and Data Protection legislation in undertaking this provision.

8.4 Where the ability to delete content is offered, you retain the prerogative to delete or keep content. If, however, any content submitted in-line with provision 8.1 becomes investigated or a point of attention for any authority or member of management (including partners working on behalf of UK-PAC), you must first contact us via info@uk-pac.com to request authorisation to delete that content.

8.5 You represent and warrant that you own or otherwise control all of the rights to the content that you post or retain lawful authority and justification in-line with GDPR and Data Protection legislation to what you post. In any case, you represent and warrant that i) the content and the material is accurate, and ii) use of the content and material you supply does not breach and applicable policies or guidelines or terms and conditions and will not cause injury to any person or entity. If not, you agree to indemnify UK-PAC for all claims brought against it by third parties arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when we are notified of the illegal nature of the content.

8.6 In any case, UK-PAC will, should claims brought by third parties be pursued in-line with provision 8.5, look to defend itself and you subject to the proprietary of the content. Should it be the reasonable opinion of UK-PAC that the content that was posted by you is appropriate and is acceptable, we will look to defend and aid your defence. You retain liability for indemnification, whether defence is successful or not.

9. Software Terms.

9.1 Any UK-PAC service which requires access to software (e.g.: mobile or desktop application, or internet explorer) these terms will apply to you.

9.2. Any updates or upgrades to the software and any related software of documents that we make available from time to time ought to be utilised to ensure security updates, technical specification updates and optimisation. Any update to any software terms and conditions, guides or service provisions will be made available to you from time to time. It is agreed that any introduction of a new software term and/or condition, and/or guides and/or service provision will be notified to you and a period of at least 6-weeks will go by prior to that change or update taking place. You agree to be bound by these new terms and conditions.

10. Other Business.

10.1 Parties other than UK-PAC will undertake their own commercial interest and may do so when utilising UK-PAC services. As per Provision(s) 6, you may not utilise UK-PAC services in order to provide sales of goods or services, though indirect advertisement may be a circumstance of utilisation of (for example) our IRMP service. If this is the case, we are not responsible for examining or evaluating their sales of goods and services, and we do not warrant that offering of any of these businesses or individuals or the content of their goods, services, websites, or reports. You are wholly responsible for performing your own investigations and inspections should you identify a product or good or service through any UK-PAC service provision.

10.2 Similarly to provision 9.2, any UK-PAC service provision is periodically reviewed and updated.  Any update to any UK-PAC terms and conditions, guide, guidance, guidelines, reports, graphics, service provisions, contractual agreements, policies, or protocols, or any “content” to which is responsible for detailing service provisions or conditions of service provisions, may be reviewed and updated. Those updates will take place and be notified to you in good faith and with good time. In any case, you will be notified and a period of at least 6-weeks will go by prior to that change or update taking place. You agree to be bound by these new terms and conditions. These updates or renewals may be subject to further service agreements or provisions. If this is the case, the service agreement will take precedence.

11. UK-PAC’s Role.

11.1 UK-PAC is a co-operative which looks to offer resolutions to incident management and criminal activity. It contracts third parties to aid in the fight against reportable incidents and looks to provide or facilitate a resolution. However, these are only promises of behaviour and intent. From time to time, it is an absolute, that UK-PAC of its partners or contractors cannot aid, facilitate, or reach resolution. Your support and participation is crucial to the success of our mission. If you have any questions, queries, or suggestions, please contact us by email, at info@uk-pac.com.

11.2 We note that whilst UK-PAC as a service provider helps facilitate the reporting and incident management of reportable incidents and criminal behaviour, we are not the victim nor the lawful authority to arrest, apprehend, or criminally prosecute. We may, under appropriate circumstances subject to our civil-litigation (service) policy, offer civil-action (e.g.: injunctions). If this is the case, please review the appropriate applicable policy.

11.3 UK-PAC does not warrant that all reportable incidents will go dealt with. It will, in its best interest, the best interest for the community and all of its members, assign assets and workforce to deal with and administrate the reports and posts but may, where the number of reportable incidents and reports are high, need to prioritise ‘higher concern’ reportable incidents, and pursue resolution for these incidents over ‘lower concern’ reportable incidents.

11.4 In any case, UK-PAC wishes to continue to provide services to the best of its ability, and guarantees it will review feedback, suggestions, comments on service delivery and service provision.

12. Our Liability.

12.1 UK-PAC will do our utmost to ensure that availability of IRMP services will be uninterrupted and that data and transmissions will be error-free. However, due to the nature of the internet, this is not something within our total control and therein cannot be guaranteed. Also, your access to UK-PAC IRMP or similar services may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities of services. We will attempt to limit the frequency and duration of any such suspension or restriction.

12.2 UK-PAC will not be responsible for any loss or injury or damage or consequence of any reportable incident.

12.3 UK-PAC will not be responsible for i) losses that were not caused by any breach on our part, or ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using any UK-PAC service.

12.4 We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to request a part or full refund should a good or service not be delivered within a reasonable time or cannot be supplied owing to a cause beyond our reasonable control. You will give UK-PAC a reasonable amount of time to deliver the service, or a reasonable amount of time to recognise and rectify provision of service, in any case a period of circa 3-weeks, subject to the circumstance and best-guest at the time.

13. Applicable Law.

13.1 UK-PAC service agreements, provisions, terms and conditions, guides and guidelines, policies and protocols are governed by and construed in accordance with the laws of England and Wales which will take precedence, and where it is appropriate to do so, Scotland and Northern Ireland independently. UK-PAC recognises each individual jurisdiction and intends to comply with each one individually should it become necessary.

13.2 We submit to the jurisdiction of a competent judicial authority where it is most appropriate to do so. We do not recognise non-UK jurisdictions, and do not submit to any judicial authority outside of the United Kingdom, particularly outside of England and Wales, and where it is appropriate, Scotland and Northern Ireland.

14. Alterations to Service or Amendments to the Terms and Conditions.

14.1 We reserve the right to make changes to any UK-PAC services, policies, terms, and conditions, including these conditions, and service terms at any time. If any of these are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining conditions, provision terms or policies.

15. Waiver.

15.1 If you breach these, or any, terms and conditions, service provisions, agreements, contracts, policies or protocols, and we take no action, we will still be entitled to use our rights and remedies against the breach later (albeit no later than 6-months) or in any other situation where you breach these, or any, terms and conditions, service provisions, agreements, contracts, policies or protocols.

16. Children.

16.1 We do not and will not provide service provisions to anyone under the age of 18. We will not agree to undertake service provisions on behalf of anyone under the age of 18, either.

17. Price and Payment.

17.1 The price of the service or goods and any additional delivery or other charges is that set out on the website at the date of the order, or such other price as we may agree in writing if not that. Where a price other than the price on the website is agreed (e.g.: agreement in principle for a larger client-subscription) that price will be agreed in writing in a service-provision agreement, between UK-PAC and the prospect.

17.2 Prices and charges are exclusive of VAT at the rate applicable at the time of your order, unless otherwise written.

17.3 If you are a self-funded venue, you agree to pay a monthly or annually subscription, whichsoever you have chosen at the point of your order, to upkeep your access to UK-PAC services. Once your subscription has ended, it will automatically renew. We may seek to notify you, but it is your own responsibility to undertake understanding of a renewing subscription. If you are a funded venue, you will not pay to us directly. We will seek payment of invoices, through your funded means. You will still need to independently sign-up via our website/membership sign-up forms and comply with Ts and Cs and other policy provisions. You will also retain responsibility to ensure continuous payment, should funded means fail to pay. If that funding becomes withdrawn at any point, we will look to alert you. You will be considered self-funded, upon withdrawal of any funded means, and howsoever you have opted to pay upon sign-up  (i.e.: monthly, or annually) you will be required to undertake.

17.4 You must pay by submitting your credit or debit card details with your order, or by offering us an invoiceable accounts team. In any case, payment of outstanding invoices or quotes is payable immediately and/or upon presentation of an invoice or otherwise before the provision or enrolment of any service or delivery of goods.

17.5 Should you have any questions or queries, contact accounts@uk-pac.com.

17.6 You consent to receiving sales invoices by electronic means, particularly email, in pdf format.

18.  Withdrawal and Cancellation.

18.1 You can withdraw your subscription by telling us. You need not to have a fault or reason to cancel a subscription, but you must offer at least one calendar months’ written notice prior to your renewal of a subscription ending, being made effective on the first of the month oncoming (i.e., notice offered on 31 December, effective from 01 January, terminating end of January).

18.2 Your membership with UK-PAC will continue to be effective until your withdrawal notice has ended.

18.3 Your withdrawal notice must be written to info@uk-pac.com. As identified in provision 18.1, we do not require a particular reason though would nonetheless ask for one to understand the decision and seek to provide resolution if possible and convenient.

18.4 Unless one of the exemptions below applies, you may cancel your subscription without liability within 14-days from the day of which you, or a third party instructed by you, commenced a subscription for UK-PAC service provision. Thereafter the 14-cancellation period, you ought to use the facility provided by provision 18.1, 18.2 and 18.3.

18.5 The right to cancel within 14 days of entering a subscription will not apply to:

a) the delivery of any good or service not suitable for a return due to any health or economic injury or damage;

b) where utilisation of the service provided has been improper and fault or default raised immediately due to a breach in this terms and condition, a service term, provision, policy or protocol, or whereby damage has been caused by you during your 14-day cancellation period;

c) the supply of any goods to you has been personalised, or subject to specification provided by you;

d) any UK-PAC service has been undertaken and fully performed by UK-PAC and you accepted when you placed an order or subscription that you could not cancel once delivery or performance had been undertaken; or

e) the supply of any content or medium which may be reproduced or copied or redistributed easily without trace.

18.6 Without prejudice to any statutory rights, UK-PAC may be open to discussion and negotiation on a case-by-case basis.

19. Successors or Sub-Contractors.

19.1 UK-PAC will use sub-contractors throughout the course of its service provision. Any successor of UK-PAC will, to the best of our understanding and knowledge at the time of a subscription, undertake responsibility and continue to provide similar, if not the same, services as UK-PAC at the time of a subscription.

19.2 Should your organisation be succeeded, bought, or become a managed entity, UK-PAC reserved the right to terminate any service provision or agreement or subscription, though will assess on a case-by-case basis. Your successor, buyer or manager will become liable for any service provision fees as appropriate.

20. Force Majeure:

20.1 Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party.

20.2 Such causes include (but are not limited to): power failure, internet service provider failure, acts of God, epidemics, pandemics, civil-unrest, fires, floods, droughts, storms, earthquakes, collapse of buildings, explosion or accidents, acts of terrorism, acts of war, governmental action, any law or any action taken by a government or public authority, including (without limitation) imposing an export or import restriction, quota or prohibition, or any other event that is beyond the control of the party in question.

20.3 The party affected by a circumstance beyond their control shall use all reasonable endeavours to mitigate the effect of the force majeure upon the performance of its obligations.

20.4 The corresponding obligations of the other party will be suspended to the same extent as those of the party affected by a force majeure event.

20.5 If the delay continues for a period of 90 days, either party may terminate or cancel the services to be carried out as directed under this agreement.

21. Our Contact Details.

Info enquiries:

info@uk-pac.com

Accounts enquiries:

accounts@uk-pac.com

Address for any and all non-electronic correspondence:

Unit 30 Ventura Place, Upton Industrial Estate, BH16 5SW.

Company information.

Company Registration Number: 10397326

VAT Number: 387 0124 96